President Duterte had repeatedly said the ICC has no jurisdiction over him, arguing that the Rome Statute is not enforceable in the Philippines because it was not published in a government publication or any commercial newspaper. (Official Gazette – The Government Newspaper/Publication)
Malacañang, meanwhile, cited the principle of complementarity in which the ICC can only investigate allegations of genocide, crimes against humanity, and war crimes if the domestic courts are unable or unwilling to do so.
“Our courts are functioning. So paano sila papasok? We are willing and we are capable. In fact, it shows we have a robust judicial system. We have been prosecuting people and we have convictions, as well as acquittals,” Panelo said.
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Malacañang said Monday the International Criminal Court (ICC) will be violating its own rules if it decides to conduct a full-blown investigation into President Rodrigo Duterte’s war on drugs.
Duterte is facing two communications in connection with the drug war before the ICC, which opened in February last year a preliminary examination to determine whether it has jurisdiction over the matter and a full-blown investigation would serve the interests of justice and of the victims.
Last week, lawyer Jude Sabio, who filed the first communication in April 2017, said in an interview with CNN Philippines that The Hague-based tribunal may decide to launch a formal probe before March 17 when the Philippines’ withdrawal from the ICC takes effect.
“[U]nder the law it says that they can proceed only when there is a preliminary investigation prior to the withdrawal; but there was no preliminary investigation, there was only preliminary examination,” presidential spokesperson Salvador Panelo said at a news conference.
“If they force itself to acquire jurisdiction, it only shows that from the very start talagang hindi dapat pumapasok diyan sa ICC because it’s violating its own provisions.”
Asked what the Palace will do should the ICC prosecutor push through with the preliminary investigation, Panelo said: “Sabi nga ni Presidente they can do their worst.”
The Rome Statute, the treaty that established the ICC, says a country is not discharged from its obligations to the court by withdrawing.
Pulling out from the ICC also will “not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate” that were started before the withdrawal took effect,” according to the treaty.
It will also not “prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”
Duterte had repeatedly said the ICC has no jurisdiction over him, arguing that the Rome Statute is not enforceable in the Philippines because it was not published in a government publication or any commercial newspaper.
Malacañang, meanwhile, cited the principle of complementarity in which the ICC can only investigate allegations of genocide, crimes against humanity, and war crimes if the domestic courts are unable or unwilling to do so.
“Our courts are functioning. So paano sila papasok? We are willing and we are capable. In fact, it shows we have a robust judicial system. We have been prosecuting people and we have convictions, as well as acquittals,” Panelo said.
Duterte recently said the fight against narcotics, which has killed more than 5,000 people since he assumed office in June 2016, will be bloodier in the last three years of his term.
SOURCE — RSJ, GMA News
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