ICC chief ignores critics, says work continues

MANILA, Philippines — The head of the International Criminal Court (ICC) maintained that the Court cannot be distracted by critics and would continue to do its work.

ICC head Judge Chile Eboe-Osuji pointed out that there are more conflicts in the world today than in 1998, when the Rome Statute established the ICC to address genocide, war crimes and crimes against humanity.

He also urged countries to focus on why the Rome Statue was adopted.

“We cannot be distracted, by whatever reasons some people feel irritated by what the Court does,” Eboe-Osuji said.

In March, President Duterte announced the Philippines’ pull out from the Rome Statute that created the ICC after the tribunal announced it would initiate a preliminary examination of alleged crimes against humanity under his war on drugs.

The ICC expressed regret over the Philippines’ withdrawal from the Rome Statute and encouraged the country to remain part of the ICC.

A withdrawal, the ICC said, has no impact on ongoing proceedings or any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective nor on the status of any judge serving at the Court.

Eboe-Osuji said that everyone should keep in mind that there are strong systems in place around the Rome Statue that ensures that there is no unfair prosecution against anyone.

“Humanity cries for justice, adding that no country can do it alone. The world needs a collective effort to solve collective problems,” he said.

The ICC said it remains committed to its independent mandate to help end impunity in a complementary manner with states and contribute to the prevention of future atrocities.

The ICC was officially notified on March 19 by the United Nations that the Philippines deposited on March 17 a written notification of withdrawal from the Rome Statute, the Court’s founding treaty, with the United Nations Secretary-General as the depositary of the Statute. 

Withdrawing from the Rome Statute is a sovereign decision, which is subject to the provisions of Article 127 of that Statute, that becomes effective one year after the deposit of notice of withdrawal to the UN Secretary-General.

The Court stressed that the participation of states in the Rome Statute and their continued support for the ICC in the discharge of its independent and impartial mandate is essential to global efforts to ensure accountability and strengthen the international rule of law.

The Philippines ratified the Rome Statute on  Aug. 30, 2011 and the statute took effect Nov. 1, 2011.

Petitions were filed before the Supreme Court to invalidate the country’s withdrawal from the ICC following Duterte’s order, since the Senate did not concur through a two-thirds vote.

The ICC president deflected the significance of remarks reportedly made by US National Security Adviser John Bolton earlier this month, that the ICC was an illegitimate court.

In response to Bolton’s reported remarks indicating that the US would be prepared to ban ICC judges and prosecutors from entering the country should a proposed investigation into alleged US war crimes in Afghanistan proceed, the judge responded that it was unfortunate that kind of threat was made, but again stressed the importance of focusing on the Rome Statute.

The US is not a party to the ICC and has consistently opposed an international court that could hold US military and political leaders to a uniform global standard of justice. 

The US underscored it has a strong and independent judicial system and recognizes that “every situation is different.”