CHR tells government Face ICC squarely

MANILA, Philippines — If there is nothing to hide, then why withdraw from the International Criminal Court (ICC)?

The Commission on Human Rights (CHR) raised this question yesterday, saying the Philippine government has nothing to be afraid of if it is confident it has not committed any violation that would merit prosecution before the ICC.

“If the Philippine government can ably demonstrate genuine respect for human rights, as well as working mechanisms that ensure that perpetrators are brought to justice and there is recourse for victims under our justice system, then international human rights bodies will find no reason to assume jurisdiction over what should otherwise be purely domestic affairs,” the CHR said in a statement.

“The rational thing for the government to do is to face the ICC squarely in the interest of respecting due process,” it added.

The human rights body said the need for justice and rule of law to prevail cannot hide under the veil of threat to withdraw from the Rome Statute, which created the ICC.

It said the move is a step back in the country’s commitment to address impunity, noting that the Philippines has been at the forefront of advancing international justice.

“The call for the Philippine government is to demonstrate good faith and cooperate in the processes of the ICC, including the current preliminary examination of allegations linked to the current administration’s campaign against illegal drugs,” the CHR said.

“Regard for due process also includes accepting that withdrawal from the Rome Statute does not remove the jurisdiction of the Court on crimes alleged to have been committed during the time the Philippines was still a state party,” it added.

The CHR also noted that President Duterte cannot simply withdraw from the ICC without concurrence of the Senate.

It noted that a vote by senators is needed to start the process of withdrawing from the treaty.

“Regardless of any treaty, the challenge for the government is to ensure that the human rights of every Filipino is respected and protected,” added the commission.

“We must resist any signs that suggest encouraging impunity and continue to demand accountability for every instance of human rights violations that threaten the core of our humanity. In the end, no one is and should be above the law,” it said.

Part of the law

The ICC has reportedly started a “preliminary examination” of Duterte’s bloody anti-drug campaign, in which more than 10,000 suspects had died in legitimate police operations and vigilante killings.

Administration critics said the ICC initiative could lead to Duterte being indicted on charges of committing crimes against humanity.

They said Duterte’s decision to pull out from the ICC was an admission of guilt and a sign that he was panicking.

Human rights and jurist groups condemned him for what they saw as an attempt to evade justice and accountability, and said a withdrawal was pointless because jurisdiction applied retroactively for the period of membership.

Detained Sen. Leila de Lima said Duterte’s move to withdraw the country from the Rome Statute was “an act of fear and cowardice” as it is “ineffectual” in shielding him from accountability from the probe of the ICC.

She stressed the withdrawal from the Rome Statute was both ineffectual and invalid as the probe started by the ICC’s prosecution arm into the extrajudicial killings will proceed. – Jess Diaz, Paolo Romero, Sheila Crisostomo, Marvin Sy