The Philippines has officially notified the International Criminal Court (ICC) of its intention to withdraw as a signatory, potentially becoming only the second nation to ever do so.
In a formal letter addressed to United Nations Secretary General Antonio Guterres, Philippine Ambassador to the UN Teodoro Locsin Jr stated his country’s “decision to withdraw” was anchored by a “principled stand against those who politicize and weaponize human rights.”
He accused the ICC of taking a biased position against the Philippine government, and challenged the international body’s jurisdiction over allegations of widespread extrajudicial killings under President Rodrigo Duterte’s ongoing war on drugs.
Based on the principle of complementarily, enshrined in the Rome Statute, the ICC can exercise jurisdiction only when local courts and institutions are deemed unable or unwilling to hold perpetrators of mass atrocities accountable.
According to the Philippine representative, his country has “independent and well-functioning organs and agencies” which “continue to exercise jurisdiction over complaints, issues, problems and concerns arising from its efforts to protect its people [through crackdown on drug dealers].”
Back in 2011, then under the Benigno Aquino III administration, a reformist and staunch supporter of the United States, the Philippines ratified the Rome Statute, placing itself under the jurisdiction of the Hague-based ICC.
Last month, the ICC formally opened a “preliminary examination” as a potential prelude to a full-fledged investigation of accusations of crimes against humanity vis-à-vis senior Filipino officials, including Duterte.
The international court is focused in particular on Duterte’s controversial drug war since his ascent to the presidency in mid-2016, several years after the Philippines placed itself under the ICC’s jurisdiction.
It represents the first time in the ICC’s history that it formally examined charges of mass atrocities against an incumbent Asian leader. Human rights lawyer Jude Sabio and opposition leaders Antonio Trillanes and Gary Alejano pressed separate and independeent charges of crimes against humanity against the Duterte administration.
They allege that Duterte’s drug war represented a systematic, state-sanctioned act of violence against a specific group, namely suspected drug dealers and users, in violation of due process, basic principles of human rights and international humanitarian law.
The Duterte administration has dismissed the charges as politically-motivated, while defending its bloody crackdown as a necessary measure to address the menace of drugs in the country.
Over the past year, Duterte has repeatedly lashed out at the ICC and UN bodies, accusing them of interfering in his country’s domestic affairs. The Philippine government has also repeatedly stonewalled its promise to welcome UN investigators to examine facts on the ground beyond media reportage.
The withdrawal from the arbitration body, which will come into effect a year after the member state’s initial submission of notice, will not stop the ICC from examining charges against the Philippine government. If anything, it may embolden the ICC to take a tougher stance and move ahead with prosecution of specific officials.
Article 127 of the Rome Statute states that even if a party withdraws from the treaty, it “shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued.”
The Duterte administration, however, had the option of remaining a signatory while challenging the jurisdiction of the ICC, specifically under Article 19, by proving that “it is investigating or prosecuting the case or has investigated or prosecuted.”
It also could have forestalled a showdown with the UN body by reassuring the international community of its willingness to conduct thorough and impartial investigations into allegations of extrajudicial killings.
Typically, Duterte has chosen a path of confrontation which will only deepen the country’s international isolation, especially in the West.
The shadow of potential ICC prosecution and the country’s controversial withdrawal from the body will further complicate Manila’s relations with Western partners, including Washington and Canberra, which have sought to maintain stable relations with the Southeast Asian partner. That includes in matters related to counterterrorism.
But it will become increasingly difficult for Western governments and leaders to maintain and develop workable relations with the Duterte administration.
As a result, Manila will likely further rely on Beijing as a strategic patron. China has called on the international community to respect the Philippines’ sovereignty on the issue.
As a permanent member of the UN Security Council, China can veto any resolution aimed against Duterte, likely in quid pro quo exchange for concessions vis-à-vis territorial disputes in the South China Sea.
Critics of Duterte’s drug war are also likely to be emboldened to intensify their opposition to the government’s drug war and other abusive policies as international pressure mounts against Duterte.
Since its establishment in 2002, the ICC has received as many as 12,000 complaints, but only nine charges led to indictments against senior officials, including several African leaders from Kenya, Mali, Uganda, Central African Republic, Ivory Coast, and Sudan.
As one of the original signatories and framers of the United Nations Human Rights Charter, the Philippines has long stood as a bastion of human rights and democracy in Asia.
It’s transformation into a potential rights-abusing pariah worthy of ICC indictment, regardless of eventual rulings or outcomes, will haunt Duterte’s strongman legacy.
Some African has valid concerns that this ICC seems to focus on African or developing countries. I cannot take ICC seriously unless they charge the US Presidents for the invasion of Iraq and extralegal destruction of Libya. If Duterte takes Philippines out of ICC, power to him. He is only part of a chain of disillusionament with the UN and the ‘human rights"
how can it be a pariah when it will be in the company of major none ICC members – the U.S., China and Russia, with Burundi which also withdrew, to be followed by South Africa and many others… walking the narrow line of Western propanga is not becoming….
Maybe if the US set an example and joined the ICC, Duterte could be persuaded to change his mind.
Great the Philippines is taking a firm stand against those who politicize and weaponize human rights.” President Duterte has been a victim of the US State Departments covert operations.
The US has never been happy with President Duterte, Long before he was elected they plotted against him. President Obama could not stand Duterte, fortunately President Trump seem to like him and even copy some of his hard tactics to get rid of the huge US opioids problem.
Initially, former Ambassador to the Philippines, Mr. Goldberg made the action plans against Duterte. The US State Department tried to pressure President Duterte to not make a deal with China related to the South China Sea issues. President Duterte found the best solution to agree to disagree with China. China was very pleased and made several aid packages that would be beneficial to both parties.
Since then the US pushed the EU, UN, and numerous human rights organizations to go to Manila to complain about innocent people killed in the war on drugs. No doubt several hundred-innocent people has been killed in the shootouts. Sad, but this happens in ANY war. Fortunately, two million young Filipinos has been offered rehabilitation that will save them from a life in misery and an early death.
Senator Antonio Trillanes has complained. LOL. He is seen as a US “candidate” for President of the Philippines if President Duterte, one way or another, leave office. Antonio Trillanes is a Filipino Quisling that has spent time in prison from an earlier coup attempt. Former President Aquino is responsible for the killing of the one-day grand daughter of NPA leader “Ka Roger” by depriving the mother proper food and medicine when she was incarcerated in the Army “political prisoner” camp in Bicutan, Taguig City. I know, because I was there that day. In my humble opinion both Trillanes and Aquino is lucky they are not in prison.
President Duterte does not care if the ICC makes him a villain. President Duterte take is as a compliment. President Duterte care about what is best for the Filipino people.
I guess there is no "quid pro quo" when the Philippines was just a colony of the U.S.
‘pariah status’？ Don’t be so sure. Donald Trump is a fan. Shinzo Abe wouldn’t dare to make him angry either.
On point!
The drug cartel must be really hurting.
I am sure the ICC has a very righteous Mission Statement, but magically somehow it has been presided by judges who might have collaborated with criminals, based on their counter-intuitive judgements.
RIGHT you are,
The USA has a law that makes it legal for the military to invade the Hague when an American is detained there.
“… will isolate Philippines from the West.” But this is what Philippines has been trying to do since Duterte became President and which USA has been trying to prevent.
Philippinos should be proud of their president as he is brave and smart and obviously prudent in his action. ICC is basically. control by western countries and they often strategically creates various types of organization to control and judge other developing countries to their benefits. These sly and selfish organization do not have values on their own. Just tell them to keep an eye on their own backyard before checking on others. I sincerely salute to Duterte for his actions
obviously, taga oposisyon ang author ng article nato. sori nlng kayu! wahaha
By the logic of Castaneda, US is a pariah state as the US is not a member of the ICC. But will he write about it ??
The US has bombed/destroyed countless countries, killed millions and poisoned the environment with deadly chemicals like depleted uranium, and agent orange, which, to this date are still showing effects in Vietnam. The US has staged false flag attacks, coups, regime change and stirred up uprisings in numerous countries. Most of the wars were against international law and on false pretense.
China remembers opium and how this drug destroyed the Chinese people and economy. China surely knows the effect of opium on the Philippines.
Castaneda imputes sinister motives to China for recognizing Philippine’s sovereignty in the drug campaign. All anti-China writes have this trait of imputing motives arising from their own imagination.
To-day, the US military is protecting the surging opium crop in Afghanistan, right next door to China and close enough to the Philippines, but far, far away from the US.
The ICC has no teeth. We are not also a beggar of western money. For the past decades that the Philippines is a bastion of democracy in Asia, what was the after effect? It became a bastion of poverty and corruptions. The aid from UN and Europe and USA, became the financier for drugs ran by corrupt Senators and congressmen under the umbrella of protection from narco generals. Had Duterte didnt come to power, the Philippines would become the no 1 narco country in the pacific Filipinos would be walking like zombies, rapes, murder a common thing, and kidnapping and beheading is the trend and tourism and foreign investment will die down.
True..
Sad but USA is not a member of ICC…
Being a "dyed-in-the-wool" social liberal (sic) I would not condone his extra-judicial killings (or even judicial killings) of drug dealers. However, curtting Philippines adrift from the West is going to result in what? Is it implied that the Philippines has or had a respect for human rights and democracy because it was aligned with the West? What a crock of shit! This argument denies human agency to the Filipino people themselves and anyway moving closer to China will mean what? I think the writer is offering a very syncophantic narrative of the West and the Philippines.
Aaron Johnston https://www.hrw.org/news/2002/08/03/us-hague-invasion-act-becomes-law
https://en.wikipedia.org/wiki/American_Service-Members%27_Protection_Act
K Maricko McCoy. Do not debate with me, debate with P Craig Roberts .
PC Roberts wrote: " The lack of curiousity on the part of the American people, the media, and Congress about the purpose of these wars, which have been proven to be based entirely on lies, is extraordinary. What explains this conspiracy of silence, this amazing disinterest in the squandering of money and lives? "
Please refer to;
https://www.paulcraigroberts.org/2017/06/29/washington-war-16-years/
https://www.dailytelegraph.com.au/rendezview/we-went-to-war-on-a-lie–and-left-the-door-wide-open-for-isis/news-story/f0267ae7ce045118b1cb1db6b32c32ea
http://www.middleeasteye.net/columns/unworthy-victims-western-wars-have-killed-four-million-muslims-1990-39149394
Kevin-Maricko McCo thats the curse of democracy isnt it? One president says ok and the new president tears it up? Isnt that the same as US with TPP and the Iran Nuclear deal?