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House panels adopt resolution urging PH gov’t to cooperate with ICC

admin November 29, 2023

Solicitor General Menardo Guevarra

THE House of Representatives (HRep) Committees on Justice and on Human Rights, in a joint hearing on Wednesday, adopted House Resolution (HR) 1477, in consolidation with HRs 1393 and 1482, urging the Philippine government to cooperate with the Office of the Prosecutor of the International Criminal Court (ICC) regarding its investigation of any crime against humanity committed in the Philippines. 

Manila Rep. Bienvenido Abante, Human Rights panel chair and author of HR 1477, cited how the measure: 1) reflects the country’s commitment to upholding the Rule of Law and human rights; 2) builds the trust and credibility of the Philippine justice system; 3) ensures justice for the poor; and 4) prevents impunity. 

Solicitor General Menardo Guevarra opined that the government’s cooperation with the ICC is a political decision, and “the President himself repeatedly declared that the Philippines cannot extend cooperation with the ICC because we have a functional legal and judicial system.” 

He also explained that while the investigation was requested from the ICC in 2021, the Philippines already notified its withdrawal from the Rome Statute in March 2018, which took effect exactly a year after. 

Human rights lawyer Atty. Neri Javier Colmenares cited the Supreme Court ruling on the Pangilinan vs. Cayetano case that “Withdrawing from the Rome Statute does not discharge a state party form the obligations it has incurred as a member.” 

He added that that the call for ICC cooperation is not about prosecuting the previous administration, but about “abiding by our international obligations and international law, and justice for the victims.” The Department of Foreign Affairs (DFA) and the Philippine National Police (PNP) voiced their positions that they would adhere to the decision of President Ferdinand “Bongbong” Marcos Jr. Commission on Human Rights (CHR) Commissioner Faydah Dumarpa assured the joint Committees that the CHR, as an independent body, would cooperate with the ICC if necessary. 

The joint panel concurred to coordinate with their Senate counterparts to convert the measure into a Joint Concurrent Resolution.

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