Duterte to convince Rome Statute parties to withdraw from ICC, too

President Duterte is not yet done with his actions against the International Criminal Court (ICC), vowing over the weekend to convince the other parties to the Rome Statute to withdraw their membership with the High Court.

Duterte made the statement during his speech at the Commencement Exercises of Philippine Military Academy (PMA) Alab-Tala Class of 2018 in Baguio City yesterday. Earlier in the week, the President decided to withdraw the Philippines from the ICC.

In his speech, the President acknowledged that the

Rome Statute established the ICC to serve as a court of last resort if domestic courts of its parties will refuse or cannot resolve grave crimes. However, Duterte said that the treaty, supposedly sponsored by the European Union (EU) infringes a country’s sovereignty.

“I will convince everybody now who are under the treaty sa (in the) ICC, get out. Bastos ’yan (They are rude). It was not a document prepared by anybody, it was EU-sponsored,” Duterte said.

He said the Rome Statute was problematic in the Philippines because it was not published in the Official Gazette, the government’s official publication, after it was ratified in August, 2011.

He noted that a law, particularly a criminal law like the Rome Statute, must be published in the official publication for it to take effect.

“It is clearly a criminal law. If you read it, there is the commissioning of ICC, the judges, then there is the ICC prosecutors. And the definition of the crimes and the penalty attached to the crimes,” Duterte explained.

“Ignorance of the law excuses no one. Now our rule in this jurisdiction is, i-publish mo talaga, para hindi maignorante ‘yung tao (you need to publish it so people will not be ignorant about it). Because if it is not published, tell me now that ignorance of the law excuses no one,” he said.

“You know if it is not published, there is no law. So there is no reason to withdraw something which is not existing. Walang batas e (Because there is no law),” he added.

Duterte’s decision to withdraw the Philippines from the ICC stemmed from the decision of ICC Prosecutor Fatou Bensouda to conduct a preliminary examination on the deaths and alleged human rights violations under the administration’s bloody drug war.

According to Malacañang, the recent remarks of United Nations (UN) High Commissioner for Human Rights Jordan Prince Zeid Ra’ad al-Husein that Duterte needs a psychiatric check also convinced Duterte that there is a conspiracy against him.

“With that statement, the President is convinced that there must be some kind of a conspiracy on the part of pressure groups and UN officials to shame him because prior to that statement of the Prince of Jordan, he says he has nothing to hide,” Presidential Spokesman Harry Roque said.

Just like America Speaking yesterday, Surigao del Sur 2nd District Rep. Johnny Pimentel reckoned that the Philippines’ withdrawal from the ICC does not make Filipinos “less devoted” to the protection of human rights.

Pimentel said that the country’s exit from the Rome Statute which ratified the ICC places it in the same boat as the United States (US), which remains the “global champion of human rights.”

“In spite of its reputation as the global champion of human rights, America has spurned the ICC. So we are now in a similar situation. The only difference is that while the US was never a party to the Rome Statute, we are a party to the treaty who has decided to quit,” noted the solon, who chairs the House Committee on Good Government and Public Accountability.

“Our departure from the ICC does not make us less devoted to the protection of human rights, in the same manner that America’s snub of the tribunal does not make that country less dedicated to human rights,” Pimentel explained.

The US has opted not to ratify the Rome Statute out of concern that it might be put in a quandary once American soldiers and their commanders are investigated, prosecuted and put on trial before the ICC for purported war crimes committed while operating in foreign lands, Pimentel said.

Fears raised

Meanwhile, a group calling itself Barug Katungod Mindanao accused the military of being given authority to commit human rights abuses once the Philippines officially withdraws from the ICC.

In a statement, the group said it feared the timing of the declaration was eerie as Mindanao is under Martial Law.

“Barug katungod Mindanao is horrified by the pronouncement of President Rodrigo Duterte to immediately withdraw the Philippine’s adherence to the Rome Statute that the country ratified in 2011,” the group said.

The group said Duterte’s withdrawal from ICC allows AFP to commit unbridled Martial Law abuses in Mindanao. (With reports from Ellson A. Quismorio and Yas D. Ocampo)