Asserts PH has no legal obligation to cooperate with ICC

The Office of the Solicitor General — the legal representative of the Philippine Government, its agencies and officials in any litigation — firmly declared that it is under no legal obligation to cooperate with the International Criminal Court (ICC) or recognize any proceedings originating from it post-withdrawal from the Rome Statute.

“Considering the OSG's firm position that the ICC is barred from exercising jurisdiction over the Philippines and that the country's investigative, prosecutorial, and judicial system is functioning as it should, the OSG may not be able to effectively represent Respondents in these cases and is constrained to recuse itself from participating herein,” read the OSG’s Manifestation and Motion dated March 17.

This motion was initiated in response to a Supreme Court Resolution dated March 13, which consolidated petitions for a Writ of Habeas Corpus on behalf of Rodrigo Roa Duterte, who was arrested and sent to ICC headquarters in The Hague, Netherlands on the night of March 11.

The petitions challenge, among other issues, the legitimacy of the ICC's issuance and execution of an arrest warrant against former President Rodrigo R. Duterte.

The Supreme Court resolution also required Executive Secretary Lucas Bersamin and 12 other respondents to provide reasons within a non-extendable 24 hours from notice as to why the writ of habeas corpus should not be issued.

March 17 is the deadline given for respondents to comply.

Other respondents named in the petitions docketed G. R. Nos. 278763, 278768 & 278798 are: Justice Secretary Jesus Crispin Remulla; Interior and Local Government Secretary Jonvic Remulla; Philippine National Police chief General Rommel Francisco Marbil; Major Gen Nicolas Torre III, Director of the PNP-Criminal Investigation and Detection Group; Richard Anthony D. Fadullon, Prosecutor General of the National Prosecution Service;  Solicitor General Menardo Guevarra; Norman Tansingco, Commissioner of Immigration; Foreign Affairs Secretary Enrique Manalo; General Romeo S. Brawner Jr., Chief of Staff of the Armed Forces of the Philippines; Lt. Gen Antonio J. Alcantara, Executive Director of the Philippine Center on Transnational Crime; Capt. Johnny Gulla; and Capt. Elmo Segoria.

Notably, the OSG's manifestation coincides with the seventh anniversary of the Philippines' official notification to withdraw from the Rome Statute—a decision that became effective on March 17, 2019.

The OSG’s recusal motion also seeks other forms of relief deemed just and equitable.