By Atty. Howie Calleja
It seems there is no turning back from our country’s disengagement from the International Criminal Court (ICC) after our appeal against the resumption of ICC Prosecutor Karim Khan’s probe has been rejected by the ICC. Ever since our withdrawal from the Rome Statute in 2019, the country has argued that it would not cooperate with the ICC investigation due to “very serious questions” on the court’s jurisdiction, interference and “attacks on the sovereignty” of the Philippines.
As such, Solicitor General Menardo Guevarra issued a statement (after meeting with President Ferdinand Marcos Jr.) that their last appeal to the ICC Appeals Chamber (AC) will be the government’s last coordination with the international court. Justice Secretary Crispin Remulla likewise remarked: “This is an issue of complementarity and comity and we’re saying this because we’re decent. We appealed to stop the probe but that doesn’t mean we will allow them to rule over us.”
First and foremost, the Supreme Court (SC) in 2021 already said that the Philippines has the responsibility to conjoin with the ICC despite its withdrawal from the Rome Statute, the treaty that established the international court by stating … “Even if it has deposited the instrument of withdrawal, it shall not be discharged from any criminal proceedings. Whatever process was already initiated before the International Criminal Court obliges the state party to cooperate. Consequently, liability for the alleged summary killings and other atrocities committed in the course of the war on drugs is not nullified or negated here. The Philippines remained covered and bound by the Rome Statute until March 17, 2019.”
When we signed and ratified the treaty we allowed ourselves to be under an international jurisdiction under an international order that gives justice for all. Second, this is not and never about sovereignty or surrender of our nation’s jurisdiction. It is about the alleged abuses of certain individuals against its people. Simply put, it is about the alleged abuses of Duterte, Delarosa, et al. against its own people. By not allowing the ICC to independently probe this matter, the government is protecting Duterte, Dela Rosa, et al.; and denying justice to thousands of EJK victims.
Duterte et al continue to argue that the Philippines has a “fully functioning judiciary,” so there is no reason for the ICC to interfere in the country’s internal affairs but after all the political trade-offs during the past electoral exercise; I clearly doubt the sense of independence our courts can adjudicate this issue.
Moreover the ICC covers not only the absence of judicial functions but also the failure of the legal system to timely and adequately address the concerns of the ejk victims. And, may I remind the president that as a Senator he was one of those that ratified the Rome Statutes allowing the Philippines to be under ICC’s jurisdiction.
In the end, shutting away from the ICC is an international embarrassment contrary to the President’s public announcement that his trips are needed to reintroduce the Philippines to the world as a country rich in its democratic ideals suited for international investments … well, I guess that’s all gone to waste … a mere rhetoric devoid of action. Disengaging with the ICC will never attract foreign investment and economic interest in the country for it will only highlight our protection policy for criminals and less transparent judicial framework.
