31-7-2024 (MANILA) The Philippine government, under President Ferdinand Marcos Jr., has adopted a nuanced approach to the International Criminal Court’s (ICC) investigation into the controversial “war on drugs” campaign of former President Rodrigo Duterte. While not actively cooperating, the administration appears to be taking a stance of non-interference, according to senior officials.
Solicitor General Menardo Guevarra confirmed on Monday that the ICC had formally requested assistance from Manila in its proceedings. However, he noted that President Marcos Jr. had yet to respond to this appeal.
Guevarra, who previously served as Duterte’s justice secretary, clarified the situation following the leak of a redacted document on social media by former senator Antonio Trillanes IV. The document, purportedly from the ICC prosecutor, sought government help to interview five former and current Philippine National Police (PNP) officials regarding their roles in the drug war, which allegedly resulted in thousands of deaths.
“Yes, there is communication, there is a request from the ICC prosecutor for assistance from the Philippine government to facilitate the interview of five individuals,” Guevarra confirmed, noting that the request was relayed in early July through diplomatic channels.
While the Marcos administration is unlikely to grant formal assistance, given previous statements that the Philippines has “no legal duty to cooperate”, Guevarra indicated that the government would not obstruct ICC prosecutors if they chose to enter the country and conduct their own investigation.
“He can interview these five people directly. All that we are saying is the government will not be involved,” Guevarra explained, emphasising the administration’s hands-off approach.
The ICC’s focus appears to be on high-ranking officials involved in implementing the drug war. The five individuals named in Trillanes’ leaked document include Senator Ronald “Bato” dela Rosa, Duterte’s former PNP director general, and other senior police officials who played key roles in the controversial campaign.
This development comes amidst ongoing speculation about a potential political deal between President Marcos Jr. and Vice-President Sara Duterte-Carpio, daughter of the former president. Some observers have suggested that blocking the ICC case against Duterte was part of an agreement that led to their alliance in the 2022 elections, though both parties have never confirmed such an arrangement.
The ICC’s interest in the Philippines’ drug war dates back to February 2018, when the Office of the Prosecutor first opened a “preliminary examination”. Despite the Philippines’ subsequent withdrawal from the Rome Statute, which took effect in March 2019, the ICC maintains that it can investigate alleged crimes committed while the country was still a member.
