MANILA — The Department of Justice is preparing a briefer for President Ferdinand Marcos Jr. on scenarios related to the International Criminal Court, including a potential warrant for the arrest of former President Rodrigo Duterte and the Philippines' return to the court after exiting in 2019.

DOJ Assistant Secretary Mico Clavano said the department's legal team is preparing all scenarios for the President in relation to the investigation being done by the ICC into the drug war waged by the Duterte administration.

Marcos has repeatedly said that the Philippines will not cooperate with the ICC and does not recognize its jurisdiction. Under the Rome Statute that created the ICC, the court may have jurisdiction over alleged acts that happened while the Philippines was a member.

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Asked if the President requested for the briefer, Clavano said that the task has always been part of Marcos' directive on matters concerning Duterte and the ICC.

"Aware naman tayo na yung policy ngayon ng gobyerno na hindi papasukin ang ICC ay posible namang mag-iba," he said.

(We are aware that the government's policy not to let the ICC in could change.)

"So, it will have to be a very objective briefer para malaman ni Presidente kung paano siya gagalaw once the ICC warrants of arrest, if ever, are issued. Then he will know kung ano yung mga legalities, ano yung mga options niya and remedies din.” 

(So it would have to be a very objective briefer so the President will know his options if ever the ICC issues warrants of arrest. Then he will know the legalities and what the options and remedies are.)

The DOJ stressed, however, that the policy on not recognizing ICC jurisdiction has not changed.

"Kahit wala pa pong issue sa warrant of arrest, kasama na po talaga iyon sa pinapag-aralan ng DOJ, from the legalities, yong possible re-entry natin to the Rome Statue, all of these were already indicated to begin," Clavano said.

(Even without the issue of warrants of arrest, the possible re-entry into the Rome Statute was already being studied by the DOJ.)

The Palace said then that the Rome Statute was not properly ratified because it was not published in newspapers, a which is a requirement for laws but not for treaties.

The DOJ's announcement comes after former Sen. Antonio Trillanes IV claimed an arrest warrant would be issued against Duterte soon. He also claimed that there are coup rumors within the Philippine National Police and the Armed Forces of the Philippines.

Trillanes earlier claimed that the ICC had been in contact with active and former police officials.

"Wala naman po kaming information tungkol sa mga ICC warrants of arrest, alleged collaborations between certain officers of the PNP with the ICC," Clavano also said.

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