Courting derision
Ever since its establishment in 2002, the International Criminal Court has always been something of a white elephant. Created to try individuals guilty of “war crimes” and “crimes against humanity,” it has from the outset suffered from being largely immobilized by the powerful states refusing to submit to its jurisdiction, owing to the fact that any such acceptance to its judicial powers is a palpable abdication of sovereignty.
Thus, superpowers such as the United States, China, Russia and India have refused to sign the Rome Statute. And former member states such as South Africa and our own country, among others, have withdrawn from the said multilateral treaty. This is just as well since we entered into it during the time of the wimpy Benigno Simeon Aquino, which speaks volumes about such acquiescence. In fact, several African states have repeatedly threatened to withdraw from the Rome Statute after seeing the seeming discrimination against them.
The United States has gone one step further from its refusal to sign the Rome Statute, passing legislation known as the American Service-Members Protection Act, which not only prohibits any agency of government — state and federal — from assisting the ICC in any investigation but authorizing the President to use “all means necessary and appropriate to bring about the release” of any military personnel or any elected or appointed official of the United States from criminal prosecution or to rescue them from ICC custody, including taking military action.
Our legislators — including those who express admiration for the US — should take a leaf from how the US protects its citizens from being subjected to the jurisdiction of foreigners. A far cry, indeed, from those weird leftists who decry foreign imperialism but ironically express glee at the prospect of our citizens (including former President Duterte) being made to stand trial in a foreign land. And that, ladies and gentlemen, is how you say you are a hypocrite without saying that you are a hypocrite.
Of course, good luck with these quislings. The incumbent has already stated in no uncertain terms that the country has no intention of rejoining the ICC. The Justice Secretary, exhibiting balls of steel against the presumptuous ICC prosecutors, has already said that they are not welcome here, since our courts are working. And, well, have the prosecutors forgotten that the Philippines has withdrawn from the ICC treaty?
That is why the opposition, who are salivating at the thought of our officials’ current and previous standing trial before the ICC, had better either swallow their spit or spit it out. As the millennials are wont to say, “ain’t gonna happen.”
The ICC has no way of enforcing its mandate here; it is not only a toothless tiger, but it is also a headless chicken. That is why I made a wager on Twitter of a million pesos — as long as it’s money down — that no such officials are going to go to jail courtesy of the ICC under the Marcos administration. There have been no takers so far. Maybe they consider my bet too small. Well then, let’s make it two million pesos, what the heck! I am serious.
The ICC, by trying to impose its will on a sovereign country that has withdrawn recognition thereto, and which has a fully functioning judicial regime, is merely making itself look pathetic and worse, comical. The lack of coercive powers only exacerbates the ICC’s misfortune, much like Pope Alexander Borgia trying to excommunicate the King of France when the French legions were already knocking on the gates of Rome.
It is good that the present administration has seen it fit to uphold the dignity of our sovereign nation against foreign meddlers. By continually forcing itself upon us, the ICC is only underscoring its lack of power and courting naught but international derision.
“The Justice Secretary, exhibiting balls of steel against the presumptuous ICC prosecutors, has already said that they are not welcome here, since our courts are working.
“The ICC has no way of enforcing its mandate here; it is not only a toothless tiger, but it is also a headless chicken.