SolGen: PH not obligated to cooperate with ICC, but can’t stop probe

The headquarters of the International Criminal Court in The Hague, Netherlands. (Photo from ICC official website)

By Benjamin Pulta | Philippine News Agency

The Philippine government is not obligated to cooperate or facilitate any acts by the International Criminal Court (ICC) against individuals in the country, even as the Philippine government cannot stop the ICC prosecutor from proceeding with his investigation, Solicitor General Menardo Guevarra said Tuesday.

“The Philippines disengaged completely from the ICC in 2019. It has no legal duty to lend any assistance to the ICC prosecutor in conducting his investigation. But the Philippine government cannot stop him from proceeding any way he wants,” Guevarra told reporters.

“He can directly interview persons of interest online, through the phone, by email, or face-to- face, subject to the consent of these persons. But the ICC prosecutor cannot expect that the Philippine government will facilitate it for him,” he explained.

Guevarra confirmed that his office has submitted its recommendations to Malacañang following the ICC’s formal request for assistance.

Guevarra said the recommendations are privileged communication, but confirmed that in the ICC list were five ranking police officials in the past administration.

“Yes, but not all five were ex-PNP chiefs. (It’s) more accurate to say (they were) former and current high-ranking police officers. Not accused but ‘under suspicion,’“ Guevarra said.

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