ICC jurisdiction over Philippines: SolGen Refuses to Defend
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ICC jurisdiction over Philippines | MANILA (UPDATED) — Solicitor General Menardo Guevarra has formally withdrawn from representing Philippine government officials in petitions before the Supreme Court regarding actions that led to the arrest and transfer of former President Rodrigo Duterte to The Hague.
Guevarra Stands Firm: PH sovereignty
Atty. Salvador Panelo, legal counsel for Davao City Mayor Sebastian Duterte, released a copy of Guevarra’s recusal manifestation, reinforcing the government’s stance that the International Criminal Court (ICC) lacks jurisdiction over the Philippines following the country’s 2019 withdrawal from the Rome Statute.
“The Office of the Solicitor General (OSG) has recused itself from representing the respondents due to its firm position that the ICC has no jurisdiction. As such, it cannot effectively mount a defense on behalf of the respondents,” Panelo stated in a social media post.
In his motion filed at 1 p.m., Guevarra urged the Supreme Court to acknowledge his recusal, citing the Philippine judicial system’s capability to investigate and prosecute cases independently.
“Given the OSG’s firm stance that the ICC is barred from exercising jurisdiction over the Philippines, and considering that the country’s judicial system is functioning effectively, the OSG may not be able to adequately represent the respondents in these cases and is therefore compelled to recuse itself,” the motion read.
Government Officials Stand Their Ground | Duterte human rights case
Despite the ICC warrant, key officials, including Executive Secretary Lucas Bersamin and Justice Secretary Jesus Crispin Remulla, maintain that the Philippines remains a member of Interpol, even though it withdrew from the ICC.
Panelo further argued that Guevarra’s decision implies that the arrest and detention of Duterte based on an ICC warrant are unlawful and unconstitutional.
“This is an admission by the government’s legal representative that the ICC has no authority over the Philippines,” Panelo asserted.
He added that enforcing an ICC-issued warrant within the country violates Philippine sovereignty and legal frameworks.
Senate Probe and Supreme Court Response
Senator Imee Marcos has announced plans to launch a Senate investigation into the former president’s arrest. Meanwhile, the Supreme Court confirmed receiving Guevarra’s motion at 1:03 p.m. on March 17, 2025.
Supreme Court spokesperson Atty. Camille Ting disclosed that the High Court also received a motion seeking to remove Guevarra as a respondent in the case. | ICC jurisdiction over Philippines
Dela Rosa’s Response: ‘They Can Have Me’
“If they insist on bringing me to The Hague, then they can have me,” Dela Rosa declared, reaffirming his support for Duterte’s policies.
Former PNP Chief and Senator Ronald “Bato” dela Rosa, a key figure in Duterte’s war on drugs, responded defiantly to the ICC proceedings.
Legal and Political Implications
Guevarra’s recusal highlights the Philippine government’s unwavering stance against ICC jurisdiction. It also raises concerns about the legal ramifications of enforcing an ICC warrant without domestic authorization. As political debates intensify, the issue underscores the complexities of international law, national sovereignty, and accountability. | ICC jurisdiction over Philippines
READ MORE : Bato Dela Rosa May Seek Senate Refuge if ICC Moves for Arrest
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