Members of the International Criminal Court (ICC) could be considered "undesirable aliens" if they attempt to investigate alleged extrajudicial killings (EJK) that occurred during the Administration of Former President Rodrigo Duterte in the Philippines.
“Kung ‘yung mga ginagawa nila ay wala naman sa territorial jurisdiction ng Pilipinas, hindi naman natin mapipigil iyon,” Solicitor General of the Philippines Menardo Guevarra said during an exclusive interview with DZRH's Damdaming Bayan on Wednesday.
“Pero ‘yung pupunta sila rito mismo at dito sila magcoconduct ng kanilang investigation, maaaring hindi makalusot ‘yun, kasi hindi natin kinikilala ‘yung jurisdiction nila,” he added.
He stated that they might be considered undesirable aliens by the Bureau of Immigration due to their interference in the domestic procedures of the Philippines.
This comes after former Philippine Charity Sweepstakes Office (PCSO) General Manager Royina Garma disclosed during a House quad-committee hearing that a reward system was allegedly put in place in the anti-illegal drugs campaign.
According to Guevarra, if the ICC were to issue an arrest warrant, it would still undergo a process that includes diplomatic channels in the country and would depend on the policies or orders set by the President.
“Assuming na mag-isyu ng arrest warrant ang pre-trial chamber ng ICC, idaraan nila iyon sa diplomatic channels sa DFA. Tapos ang DFA ay ipprovide ‘yung copies ng warrant of arrest maybe deretso mismo sa Office of the President, or pwedeng padala ng DFA sa DILG para ma-enforce pababa sa PNP. O kaya padalan ng kopya ang DOJ para maiserve naman sa NBI,” said Guevarra.
Guevarra emphasized that while the ICC cannot be prevented from investigating, it cannot simply demand cooperation or interfere in the Philippines, which has its own institutions and policies.
He added that the ICC can only arrest an individual subject to their warrant of arrest if the target is in a country that cooperates with or is a member of the ICC.
