Marcos admin: ICC has jurisdiction over PH prior to 2019 withdrawal

Malacañang said Tuesday that the International Criminal Court can look into the crimes against humanity that former President Rodrigo Duterte allegedly committed in connection with his war on drugs because they took place before the Philippines' membership withdrawal in 2019.

At a press briefing, Palace Press Officer and lawyer Claire Castro said President Ferdinand Marcos Jr. believes that the ICC has no jurisdiction over the Philippines right now.

“Una ang sinabi kasi ng Pangulo is walang jurisdiction ngayon, totoo naman po, walang jurisdiction ang ICC ngayon. Pero kung pagbabasehan po natin ang sinabi ng Supreme Court sa kanilang naging desisyon, although it’s an obiter dictum, but still pronouncement pa rin ng Supreme Court na lahat po ng nangyari na krimen na sakop po ng ICC at ayon rin po sa Rome Statute na naganap prior to the withdrawal from the Rome Statute, mayroon po jurisdiction ang ICC,” Castro said, referring to the SC's 2021 decision on the ICC withdrawal issue.

(First, the President said the ICC currently has no jurisdiction over the Philippines. That's true; the ICC has no jurisdiction this time. But if we base it on the pronouncement of the Supreme Court in its decision, although it’s an obiter dictum [Latin for something said in passing], the ICC has jurisdiction over crimes prior to the withdrawal from the Rome Statute.)

The timeframe of Duterte’s alleged crimes as stated in the ICC case was between 2011 and March 2019, meaning the case also covers Duterte’s time as mayor of Davao City.

The Philippines, under then President Duterte, decided to pull out of the Rome Statute—the treaty that created the ICC—in March 2018. The withdrawal took effect a year later in March 2019.

Castro also dismissed the statement of former chief presidential legal counsel Salvador Panelo that the Rome Statute did not take effect in the Philippines because the treaty was not published.

“Kung hindi po nag-take effect ito, bakit kailangan silang mag-withdraw in the first place. Since na-ratify po ito, it means, effective po ito, nag-take effect po siya,” Castro said.

(If the Rome Statute did not take effect, why did they have to withdraw in the first place. The Rome Statute was ratified, so it took effect.)

“There is nothing to withdraw kung walang effectivity iyong batas.  At iyong withdrawal na iyon ni-recognize ng ICC,” she added.

(There is nothing to withdraw if the law was not in effect, and the withdrawal was recognized by the ICC.)

Implementing an ICC warrant, Filipino authorities arrested Duterte on March 11 and immediately transported him to The Hague, Netherlands.

On March 14, he faced via video link the ICC.

Vice President Sara Duterte, his daughter, had said Filipino authorities kidnapped her father to surrender him to the ICC.

Sara said that she would let the lawyers decide if they would ask the ICC for an interim release.

The confirmation of charges has been scheduled for September 23.  —VBL, GMA Integrated News