PH withdrawal from ICC, no effect on the justice system — Calida
Aileen Cerrudo • March 25, 2019 • 1800
MANILA, Philippines — The Philippine’s withdrawal from the Rome Statute of the International Criminal Court (ICC) will not have an effect on the country’s justice system, according to Solicitor General Jose Calida.
“The Philippine justice system functions independently with or without membership in the ICC. Hence, the withdrawal of the Philippines from the Rome Statute has no effect on our justice system,” Calida said.
Calida made the statement after former ombudsman Conchita Carpio-Morales and former Foreign Affairs Secretary Albert del Rosario filed a complaint at the ICC against China’s President Xi Jinping.
According to the two former officials, they filed the complaint on March 15, or two days before the ICC withdrawal became effective.
They want President Xi and two other Chinese officials to be accountable for the destruction of marine resources and harassment of fishermen in the disputed South China Sea.
“I think we discussed that there might be four avenues that might be considered one is imprisonment. I understand that the maximum number of years is 40 years. We might consider penalties, we might consider monetary considerations and reparations,” Del Rosario said.
“They are almost complete in the militarization. And that’s the reason why we have to file this case because while we wanted to arrest this. There are almost …the secretary of foreign affairs stated a while ago other things that we expect from this…could be reparation,” Carpio-Morales said.
Meanwhile, former presidential spokesperson and ICC advocate Atty. Harry Roque doubts the outcome of the complaint filed by Carpio-Morales and Del Rosario.
“Kasi unang-una, hindi po partido ang China sa Rome Statute. Pangalawa, hindi naman po ito ni-refer ng security council at pangatlo, hindi naman ito ni-refer ng bansang Tsina, (First of all, China is not a part of the Rome Statute. Secondly, it was not referred by the security council and third, it was not referred by China)” Roque said.
Justice Secretary Menardo Guevarra said the complaint will not be successful because “it was more of a political statement than a true legal action”.—Aileen Cerrudo (with reports from Mai Bermudez)
MANILA, Philippines – President Rodrigo Duterte will never cooperate with any possible investigation by the International Criminal Court (ICC) into the alleged killings attributed to his administration’s war against drugs, Malacañang said on Tuesday.
Presidential Spokesperson Harry Roque said the ICC’s decision to move forward into a formal investigation is “legally erroneous” and “politically-motivated.”
“Hinding-hindi magko-cooperate ang Presidente hanggang matapos ng kanyang termino sa June 30, 2022,” he said in a press briefing.
“Hindi po natin alam kung ano ang magiging polisiya after 2022. ‘Yan po ay bibigyan ng kasagutan kung sino man ang susunod na president ng Pilipinas.
Roque issued the statement after outgoing ICC chief prosecutor Fatou Bensouda said Monday she has asked the court for authorization to formally conduct a full investigation into the Philippines’ drug war.
Bensouda said there is a reasonable basis to believe that murder has been committed in the Philippines between July 1, 2016 and March 16, 2019 in the context of the state policy.
But Roque, a lawyer and the only Filipino member of the ICC’s list of counsels, said the decision to conduct formal investigation is “legally erroneous because in the first place, the ICC has no jurisdiction over the subject matter of crimes against humanity as alleged in her information against President Rodrigo Roa Duterte.”
He also said that the police did not systematically attack civilians in the drug war as the killings during the campaign were “coincidental or collateral damage either because the policeman had the right to defend to himself using reasonable force or they were in fact the subject of an attack and therefore justified by the principle of necessity and proportionality.”
The presidential spokesman also said that the case, even for purposes of formal investigation, is “barred by the principle of complementarity” and the investigation is “not pursuant or in aid of substantial justice.”
“Ang sinasabi po ng prinsipyo ng complementarity, the ICC will not exercise jurisdiction unless the member-state is unable or unwilling to prosecute,” he explained.
“Kapag sinabi pong unable, ibig sabihin, walang estado, walang hukuman, walang pulis na gumagana, it is a failed state. Ang unwilling po is when you have legislation according impunity to an individual, wala po tayong ganyan sa Pilipinas,” he added.
He also underscored that cases in the course of a police operation are being investigated and that the country does not need foreigners to probe the incidents because the Philippines’ legal system still works.
“Hindi po natin kinakailangan ang mga dayuhang mag-iimbestiga ng mga patayan sa drug war dahil gumagana po ang sistemang ligal sa Pilipinas. Mayroong mga piskal at hukumang nagparusa na,” Roque said.
The Palace official also believes that the complaint was politically motivated as it was filed by someone who now wants to seek a higher position in the next elections. He did not mention any names but former Senator Antonio Trillanes was believed to be behind the move.
He also claimed that Bensouda made the decision as she supposedly wants to deflect criticism that only investigates cases involving Africa.
“Politika rin ang dahilan kung bakit si Prosecutor Bensouda ay nagsampa dahil ang puna sa kanya ang kinakasuhan lang ninya ay mga kapwa Aprikano niya. Kinakailangan niyang magkaso ng hindi Aprikano, para patunayan na kaya lang niyang magsampa sa mga kapwa Aprikano niya,” Roque said.
Under ICC statute, a prosecutor must seek authorization from the pre-trial chamber if there is a reasonable basis to proceed with an investigation.
In March 2019, the Philippines effectively withdrew from the Rome Statute after Duterte cancelled the country’s membership of the ICC’s founding treaty.
Under the ICC’s withdrawal mechanism, the court retains jurisdiction over crimes committed during the membership period of a state.
The ICC’s preliminary examination on the situation in the Philippines started in February 2018, covering the period of Duterte’s first day in office in July 2016 up to the time of the country’s withdrawal form the Rome Statute.
MANILA, Philippines – The recent ruling of the Supreme Court on the petition against the Philippines’ withdrawal from the International Criminal Court (ICC) showed that there are limitations to the president’s power with respect to foreign policy, Senate Minority Leader Franklin Drilon said on Wednesday.
Drilon issued the remark after the SC dismissed the petition questioning the validity of President Rodrigo Duterte’s decision to pull out from the ICC.
“While the Supreme Court dismissed the petition questioning the validity of the Philippine government’s withdrawal from the Rome Statute for being moot and academic, the High Court acknowledged the limitations on the power of the President as the chief architect of foreign policy,” the senator said in a statement.
Drilon was among those who filed the petition along with other current and former senators Francis Pangilinan, Paolo Benigno Aquino IV, Leila de Lima, Risa Hontiveros, and Antonio Trillanes IV.
The SC, in a press statement on Tuesday, said the magistrates voted unanimously to dismiss the petition for being moot and academic.
The Philippines formally withdrew from the Rome of Statue, which established the ICC, in March 2019.
“The decision acknowledged that the President, as the primary architect of foreign policy, is subject to the Constitution and existing statutes,” the SC Public Information Office said.
“Therefore, the power of the President to withdraw unilaterally can be limited by the conditions for concurrence by the Senate or when there is an existing law which authorizes the negotiation of a treaty or international agreement or when there is a statute that implements an existing treaty,” it added.
For Drilon, the high court’s decision is “a clear recognition of the limitations of the power of the President with respect to foreign policy.”
“Most striking is the acknowledgment that the power of the President to withdraw ‘unilaterally’ can be subject to limitations by the Senate,” he said.
“It is a highly interesting decision and I will await the full text before I comment more extensively,” he added.
Malacañang earlier welcomed the SC decision.
Duterte ordered the country’s withdrawal from the ICC after it opened a preliminary examination on the ongoing drug war in the Philippines following reports of extrajudicial killings during police anti-narcotics operations.
MANILA, Philippines—The Supreme Court (SC) on Tuesday (March 16) unanimously junked petitions against the Philippines ‘ withdrawal from the International Criminal Court (ICC).
The high court said the issue of the country’s withdrawal from the ICC has been considered moot as the withdrawal has already taken effect on March 17, 2019.
“In a unanimous decision penned by Associate Justice Marvic M.V.F. Leonen, the Supreme Court dismissed the Petition questioning the unilateral withdrawal for being moot and academic,” the SC said in a briefer released on Tuesday (March 16).
The statement released by the SC public information office says the decision acknowledged that the President, as the primary architect of foreign policy, is subject to the Constitution and existing statute.
“Therefore, the power of the President to withdraw unilaterally can be limited by the conditions for concurrence by the Senate or when there is an existing law that authorizes the negotiation of a treaty or international agreement or when there is a statute that implements an existing treaty,” it added.
Two petitions were filed against President Rodrigo Duterte’s decision to withdraw from the ICC, stating the decision still requires concurrence from two-thirds of the members of the Senate.
“The Court also noted that the judiciary has enough powers to protect human rights contrary to speculations raised by the petitioners,” the briefer reads.
Duterte made the announcement in March 2018, after the ICC announced it will conduct a preliminary investigation on the government’s war on drugs. -AAC
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