DOJ spox: No need for VP Sara to insist on ICC stance

DOJ Spokesperson and Assistant Secretary Mico Clavano (Atty. Jose Dominic Clavano IV). RTVM screenshot

There is no need for Vice President Sara Duterte to insist with the Department of Justice (DOJ) on the government’s stance on cooperation with the International Criminal Court (ICC), Justice spokesperson Mico Clavano said Tuesday.

“Hindi naman po kailangan mag request dahil hindi naman po nag bago ang stance no ng DOJ,” Clavano said during the Bagong Pilipinas Ngayon public briefing..

(There’s no need to request because the DOJ’s stance hasn’t changed)

This came after Duterte on Monday said she would continue to reach out to the DOJ regarding her position that the Philippines should not cooperate with the ICC in its investigation of killings attributed to the Duterte administration’s war on drugs.

She made the remark after President Ferdinand Marcos Jr. said that returning to the fold of the ICC was “under study.”

Similarly, Justice Secretary Jesus Crispin Remulla also said that the country’s possible return to the ICC required “serious study” following calls from lawmakers to cooperate with the international body.

“Kagaya siguro ng sinabi ni Secretary Remulla, pinapagaralan lang po, no, dahil may mga nagsalita galing sa Kongreso at trabaho naman po namin na makinig sa ating co-equal branch ng government,” Clavano said.

(This may be why Secretary Remulla said it is being studied because there was a call from Congress and it is our job to listen to our co-equal branch of government.)

Clavano, however, said that while the department’s stance remains unchanged, the DOJ will be open in the event that there will be a change in policy.

“And I think dito po sa amin sa DOJ, sa ngayon ito pa rin po ‘yung stand namin na wala pong jurisdiction ang ICC. Although, of course, magiging bukas kami if ever meron po tayong nakikitang pag babago sa polisiya,” he said.

(I think, for us in the DOJ, right now our stand is that the ICC has no jurisdiction. Although, of course, we will be open in case there will be a change in policy.)

When asked if the DOJ sees a possible return, the Justice spokesperson said this is something that is still “far away.”

The Philippines, under then-President Rodrigo Duterte, withdrew from the Rome Statute, the treaty that established the ICC, in 2019 after the tribunal began a probe into the government’s anti-drug war. It was followed by a formal inquiry later that year.

In January 2023, the ICC authorized the reopening of the inquiry after it was suspended in November 2021. The ICC Appeals Chamber in July also denied the government’s appeal against the resumption of the inquiry.

For his part, Solicitor General Menardo Guevarra said that the Philippines’ possible return also deserves a “very serious study” as many factors have to be considered.

According to Guevarra, the decision to rejoin the ICC is not an exclusive executive decision.

“The house resolutions encouraging the government to cooperate, if adopted, are a non-binding expression of their sentiment only,” Guevarra told reporters.

“On the other hand, rejoining the ICC is a policy decision that will involve both the executive and legislative departments. This matter needs a very serious study because many factors and competing interests need to be considered,” he added. —VAL, GMA Integrated News

This article DOJ spox: No need for VP Sara to insist on ICC stance was originally published in GMA News Online.