NUPL hits Palace's 'doomed' remark on fresh ICC complaint vs. Duterte

The National Union of People's Lawyers (NUPL) on Saturday slammed Malacañang's comment that the latest complaint before the International Criminal Court against President Rodrigo Duterte will fail.

NUPL chairman Neri Colmenares countered Palace's statement that the case will go nowhere because the Philippines has withdrawn from the Rome Statute.

"President Duterte, as a lawyer, should know that Article 127 of the ICC does not recognize withdrawal of any state until after one year from the notice of withdrawal," NUPL chairman Neri Colmenares said in a statement.

"This rule is intended precisely to preempt dictators from self-servingly withdrawing from the ICC if a complaint is filed against them," Colmenares said.

NUPL serves as the counsel for the six relatives of eight victims and religious group Rise Up for Life and for Rights in its complaint against Duterte for alleged crimes against humanity in relation to the controversial campaign against illegal drugs. 

Presidential spokesman Harry Roque had said the latest ICC petition was "doomed" and "would not prosper" because the Philippines had pulled out of the Rome Statute —the ICC's founding treaty.

Colmenares, however, said that Malacañang’s reasoning is a "bankrupt argument" because it does not even deny Duterte’s hand in the alleged extrajudicial killings but "lamely uses the withdrawal as a defense."

In March, Duterte unilaterally withdrew from the Rome Statute, saying the court had not followed due process and presumption of his innocence, in actions that were compounded by "baseless, unprecedented and outrageous attacks" by United Nations officials.

Despite the Philippines's withdrawal from the ICC, the NUPL chair is optimistic that the international body will give the complaint due course and indict Duterte.

“This case is different and is the strongest so far. First, because the families of the victims filed it themselves, and also because it contains strong evidence based on sworn statements of witnesses and admissions of government authorities through their official police reports, transcripts of Pres. Duterte’s public statements, even unintended admissions in PNP’s and Malacañang ‘s accomplishment reports," Colmenares said.

He also countered allegations that the complaint violates ICC rules on complementarity which prohibits the ICC from looking into a case which is being prosecuted in a local court.

“There is no criminal case filed or pending against Pres. Duterte in the Philippines today, therefore complementarity rules cannot be used by Pres. Duterte. Additionally, any prosecution in the Philippines will not prosper because under the Philippine justice system a President is immune from a criminal or civil charge," he said.

"The complainants are not claiming that the Philippine courts are not functioning, they are claiming that Pres. Duterte is immune and therefore there is no judicial remedy for them under Philippine law. Period," he added. —Ted Cordero/LBG, GMA News