SolGen: British barrister to represent PH in ICC proceedings

Guevarra said the idea of putting up an independent commission to investigate the campaign against illegal drugs has been forwarded to Malacañang. (PNA file photo by Avito C. Dalan)

MANILA – Solicitor General Menardo Guevarra on Wednesday said the decision to hire a foreign lawyer to handle the government’s case before the International Criminal Court (ICC) is needed to make sure the country’s interests is represented in the tribunal.

In a television interview with CNN, Guevarra also said Malacañang is still to decide whether to push through with a proposal to create an independent commission to investigate the campaign against illegal drugs during the previous administration. Justice officials in the present administration has insisted that the ICC need not proceed with its investigation as the Philippines has a functioning democracy.

“The OSG (Office of the Solitcitor General) is not representing any particular individual. The OSG is not defending any specific person. The OSG is representing the Republic of the Philippines. We are representing the state and we are saying that we are defending our domestic, legal and judicial system because it has the primary responsibility to deal with crimes that were committed in our own territory,” Guevarra said.

British barrister Sara Bafadel, who practices before the ICC at the Hague, was engaged by the Philippine government to represent its case before the tribunal.

“International criminal law is her (Bafadel) field of expertise and we chose her from a list supplied to us by the Philippine Embassy at the Hague. And we found based on her training and experience that she would be the best international criminal law expert who might be able to assist the Philippine government on procedural issues essentially,” Guevarra said.

Following the decision of the ICC to issue a warrant of arrest on Russian president Vladimir Putin in connection with the Ukraine-Russia War, Guevarra also said that while issuing a warrant is within the powers of the ICC, whether the same could be enforced is another thing altogether.

“The matter of (ICC) issuing a warrant of arrest is always a possibility once the investigation is commenced. So if the ICC Appeals Chamber authorizes the prosecutor despite our appeal to conduct his investigation then part of that investigation is the issuance of a warrant of arrest,” Guevarra said.

“Whether the ICC can enforce it or not is a totally different question because the ICC will have to depend on local authorities to enforce that warrant of arrest. So, if the government does not cooperate because the matter of jurisdiction has not been finally settled who will enforce the warrant of arrest,” he added.

Guevarra said the idea of putting up an independent commission to investigate the campaign against illegal drugs has been forwarded to Malacañang. “The idea is still percolating. It’s an idea that has been floated several times in the past. Not necessarily from me alone, there were other very important persons who broached or floated the idea,” he said.

“People are giving their comments on the advantages or disadvantages of such an idea. But I think from my point of view it’s a good one because it will complement the existing investigations being done domestically. It will probably expedite (the process),” Guevarra added.