By Antonio Hernandez 

The Philippine government has asked the International Criminal Court's Pre-Trial Chamber (ICC-PTC) to deny the request of its Office of the Prosecutor (OTP) seeking a resumption of its investigation of alleged crimes against humanity in the context of the anti-drug war by the previous administration. 

In a statement, the Office of the Solicitor General (OSG), representing the government in the proceeding, said the request was coursed through the country's embassy in the Netherlands. 

The request was submitted on the day that the deadline for Manila to comment on ICC Prosecutor Karim Khan requesting information on the drug war deaths is set to expire. 

The period covered by the ICC request on the alleged crimes against humanity that took place in the context of the drug war by the Duterte administration spanned from July 1, 2016, to March 16, 2019, as well as similar deaths and other crimes in the Davao region between November 1, 2011, to June 30, 2016. 

The OSG reiterated the government's stance that the ICC no longer exercises jurisdiction over the Philippines after Manila's withdrawal in 2018 from the Rome Statute that created the international court. 

Also, it argued that the crimes the ICC wants to probe do not constitute crimes against humanity as it was never a policy of the State to commit such crimes. 

"The alleged murder incidents that happened during the relevant period do not constitute crimes against humanity considering that said incidents do not qualify as an attack against the civilian population," the OSG said, adding that it was "not done in furtherance of a state or organizational policy to commit such attack." 

The OSG also stressed that domestic mechanisms and entities are already investigating these deaths and that there is no evidence to show that the government is unwilling or unable to carry out such investigation and prosecute the perpetrators. 

"Under the complementary principle, state-level investigative proceedings should take precedence, thereby rendering the OTP's investigation into the Philippine situation unwarranted," the OSG insisted. 

Earlier, President Ferdinand Marcos also said the country would not return to the ICC amid calls from some sectors, including several senators, for a return to the international court. 

Among those who made the call are opposition senators Risa Hontiveros and Aquilino "Koko" Pimentel III. 

Aside from Malacañang, the Department of Justice (DOJ) also insisted that the ICC has no jurisdiction to resume its investigation. 

DOJ Secretary Jesus Crispin Remulla explained that government agencies, including his department, are also investigating these drug war deaths. 

The ICC, though stressed it retains the right to conduct the probe on deaths and abuses that happened before the 2018 decision of Malacañang to withdraw from the ICC.  

Meanwhile, Solicitor General Menardo Guevarra said the Philippines may not be as cooperative with pending the ruling to deny the request of the OTP to resume its investigation on the alleged crimes against humanity that happened in the war on drugs by the previous administration. 

"In the meantime that there is no final ruling on administrability of the case or jurisdiction, I don't think the Philippine government will extend a lot of cooperation to the ICC," Guevarra said. 

Guevarra, whose office will represent the country in the ICC reiterated the stand of the government that domestic institutions and mechanisms are doing its best to probe the deaths and abuses associated with the anti-drug crackdown of the then Duterte administration contrary to what critics are saying.

At the same time, he also questioned the jurisdiction of the ICC to conduct a probe on the country, saying it only has jurisdiction over certain crimes such as war crimes, crimes against humanity  genocide and crimes of aggression.

But he said none of these are present in the Philippine case. 

"Our drug war is not attack against the populace. It's a legitimate law enforcement operation. And if it's an 'attack, that attack is not targeted against persons. It's an attack against illegal drugs, against illegal activities," he said.