Accusations against Duterte, drug war at the ICC
LATEST UPDATE: August 13, 2018 - 11:08am
LOCATION:
HAGUE
NETHERLANDS
+ Follow Story
August 13, 2018

The Supreme Court moves the oral arguments on petitions challenging the executive department’s withdrawal from the International Criminal Court to August 28 from August 14.

The SC Public Information Office, in its twitter account, adds that a full resolution will be issued by the high tribunal on Tuesday.

“Parties are being informed,” it adds.

The oral arguments cover consolidated petitions from the minority senators and the Philippine Coalition for the International Criminal Court led by former Commission on Human Rights chair Loretta Rosales.

August 7, 2018

The Supreme Court, voting 10-2, junks Sen. Leila de Lima’s plea to be allowed to personally argue her fellow minority senators’ petition challenging the executive department’s withdrawal of membership from the International Criminal Court.

In the 17-page petition filed last May, the opposition lawmakers cited Article VII Section 21 of the 1987 Constitution which states that “entering into treaty or international agreement requires participation of Congress, that is, through concurrence of at least two-thirds of all the members of the Senate.”

Although Senate concurrence is needed in the ratification of treaties, the Palace has argued that withdrawing from them is within the president's prerogative.

The SC is set to tackle the consolidated petitions on the withdrawal of membership on August 14 in an oral argument.

June 13, 2018

The executive department’s withdrawal of the Philippines’ membership in the International Criminal Court faces another challenge at the Supreme Court.

The Philippine Coalition for the International Criminal Court, chaired by Etta Rosales, files a 51-page petition urging the SC to declare as void the Philippine Notice of Withdrawal from the ICC, due to lack of parliamentary approval from the Senate.

The PCICC, a non-government organization whose members “campaigned for the Philippines to become a State Party to the Rome Statue.”

This is the second petition assailing the Philippines’ withdrawal from the Rome Statute.

June 5, 2018

The Supreme Court orders the government to answer a petition filed by minority senators seeking the nullification of the country's withdrawal of its ratification of the Rome Statute that established the International Criminal Court.

The executive branch has 10 days to answer the petition for certiorari and mandamus filed by minority senators led by Sen. Francis Pangilinan.

The 1987 Constitution requires the Senate's concurrence in the ratification of treaties and the senators argue that the same should be needed when withdrawing ratification.

The SC set oral debates on the petition on July 24.

March 16, 2018

The International Criminal Court has spoken up about the President Rodrigo Duterte decision to withdraw from the Rome Statute, which governs the tribunal.

The ICC reminds Duterte that withdrawal will not influence the Philippines’ obligations to cooperate in a legal process.

Accusations of crimes against humanity against Duterte submitted to the ICC by lawyer Jude Sabio and Sen. Antontio Trillanes are undergoing an initial review, called a preliminary examination. This is the first step before a full-blown investigation is arranged by the United Nations-backed body.

March 16, 2018

Foreign Affairs Secretary Alan Peter Cayetano says the decision of the Philippines to pull out from the International Criminal Court was a "principled stand against those who politicize and weaponize human rights."

"This campaign against President Duterte and the Philippines is being effectively carried out by elements who seek to undermine our government and who have successfully infiltrated the human rights community and weaponized human rights protection mechanisms to advance their goal of overthrowing our democratically installed government," Cayetano said in a statement explaining the Philippines' withdrawal from the international court.

With the delivery of the notice, the one-year countdown for the Philippines' withdrawal from the ICC officially started on March 15, 2018. — Patricia Lourdes Viray

In the note conveying its withdrawal, the Philippines gave its assurance to the International community that it continues to be guided by the rule of law embodied in the Constitution and its long-standing tradition of upholding human rights.
DFA/Released

 

March 16, 2018

Teodoro Locsin Jr., permanent ambassador to the United Nations, informs the United Nations secretary general's office in New York of the Philippine government's decision to exit from the Rome Statute, which was ratified seven years ago under then President Aquino.

"The decision to withdraw is the Philippines' principled stand against those who politicize and weaponize human rights, even as its independent and well-functioning organs and agencies continue to exercise jurisdiction over complaints, issues, problems and concerns arising from its efforts to protect its people," the letter reads.

The letter bears the stamp of Locsin's office.

March 14, 2018

Commission on Human Rights chair Chito Gascon says the Philippine government is "grossly mistaken" in believing that the International Criminal Court does not have jurisdiction over the country.

"What it must do is to show that it is willing and able to bring all perpetrators of human rights violations to justice," Gascon said.

Ifugao Rep. Teddy Baguilat, on the other hand, says the decision of President Rodrigo Duterte to withdraw from the Rome Statute was "obviously ill-advised."

Baguilat pointed out that the withdrawal can take effect only a year after notifying the ICC.

"I hope Presidential spokesman Harry Roque, who pushed for the ratification of the Rome treaty that was ratified under the administration of former President Benigno Simeon Aquino III, can provide better advice to the president," Baguilat said.

Sen. Antonio Trillanes IV says Duterte has "practically admitted that he is guilty of the allegations against him."

Withdrawal from the international court would not have a legal effect as the cases have already been filed.

"But let me backtrack a bit. First, he said that he is willing to be jailed for what he has done. Then he said that the ICC has no jurisdiction and that he has not committed to any crime against humanity," Trillanes said.

Duterte is well aware that there is no way out for him in the ICC and that this is merely a political move, the senator said. — Patricia Lourdes Viray

March 14, 2018

Human rights watchdogs say that the Philippines cannot avoid its obligations by withdrawing from the Rome Statute of the International Criminal Court.

"The Philippines' intention to walk away from the International Criminal Court is unfortunate, but it doesn't shut the door on the prosecutor's scrutiny of the government's horrendous track record of grave abuses. Those responsible for ICC crimes committed in the Philippines while the country is still a member could find themselves facing justice in The Hague," Human Rights Watch associate director Param-Preet Singh said.

Amnesty International, meanwhile, said that withdrawal from the Rome Statute would only affect the temporal jurisdiction of the Court.

"Crucially, withdrawal from the Rome Statute does not extinguish the Philippine government's obligations to put an end to human rights violations, and to provide measures for accountability for any crimes committed," Amnesty International said.

March 14, 2018

President Rodrigo Duterte has announced the "the withdrawal of [the Philippines]' of the Rome Statute."

He says the Philippines is withdrawing from the treaty that it ratified in 2011 "given the baseless, unprecedented and outrageous attacks on my person as well as against my administration, engineered by officials of the United Nations as well as the attempt of by the International Criminal Court special proescutor to place my person within the jurisdiction of the International Criminal Court, in violation of due process and the presumption of inoccence guaranteed by the Philippine Constitution and recognized no less by the Rome Statute."

ICC special prosecutor Fatou Bensouda announced in February that her office will conduct a preliminary examination — not an investigation — to determine whether the ICC has jurisdiction over alleged crimes against humanity that the Duterte administration has been accused of.

The Palace was quick to point out then that the examination was not the same as an investigation. Bensouda's office has yet to determine whether it does have jurisdiciton.

 

March 14, 2018

President Rodrigo Duterte has announced the "the withdrawal of [the Philippines]' of the Rome Statute."

He says the Philippines is withdrawing from the treaty that it ratified in 2011 "given the baseless, unprecedented and outrageous attacks on my person as well as against my administration, engineered by officials of the United Nations as well as the attempt of by the International Criminal Court special proescutor to place my person within the jurisdiction of the International Criminal Court, in violation of due process and the presumption of inoccence guaranteed by the Philippine Constitution and recognized no less by the Rome Statute."

ICC special prosecutor Fatou Bensouda announced in February that her office will conduct a preliminary examination — not an investigation — to determine whether the ICC has jurisdiction over alleged crimes against humanity that the Duterte administration has been accused of.

The Palace was quick to point out then that the examination was not the same as an investigation. Bensouda's office has yet to determine whether it does have jurisdiciton.

 

President Rodrigo Duterte says the controversial drug war will continue until the last day of his term, with or without a communication filed at the International Criminal Court.

The ICC recently announced that it has begun processing the accusations against Duterte and his campaign against illegal drugs, which has led to the killing of thousands of people since he assumed power in June 2016. — Photo of the ICC building by AP/Peter Dejong

Philstar
Facebook
  • Latest
  • Trending
Latest
Recommended
Are you sure you want to log out?
X
Login

Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. With your meaningful insights, help shape the stories that can shape the country. Sign up now!

SIGN IN
or sign in with