There has been no updates on the investigation by the International Criminal Court (ICC), as Solicitor General Menardo Guevarra said that his office is still “considering its available options”.

Last 2018, former ICC chief prosecutor Fatou Bensouda announced that the ICC will conduct a preliminary examination into former President Rodrigo Duterte’s Oplan Tokhang and war on drugs.

Duterte immediately withdrew the Philippines from the Rome Statute, and then left the ICC a year after the revocation.

In September 2021, the ICC formally launched the investigation, but was requested by the Philippine government to defer its probe because the administration was said to be already looking into the cases.

Guevara reiterated that the reason why they’re still discussing the matter at hand is because they wanted to consult on the possible undue encroachment on the country’s sovereignty and the powers of its functioning judicial system.

“The OSG (Office of the Solicitor General) is considering several options, such as challenging the jurisdiction of the ICC/admissibility of the case, or continuing to leave our lines of communication with the ICC open. We shall decide on our final course of action after consultations with the DFA (Department of Foreign Affairs), the DOJ (Department of Justice), international law experts, and the Office of the President,” he added.

Guevarra said they will seek guidance and intend to get the position of President Ferdinand R. Marcos Jr. on the matter.

The President “has not had the occasion to discuss the ICC case thoroughly with anyone, but I intend to consult with him about it very soon,” he said.

Marcos said before that he will allow members of the ICC to go to the country, but only as tourists and not as investigators, saying the country already has a “functioning judiciary” and is capable of conducting investigations themselves. 

Photo Credit: Facebook/RodyDuterte