No need for Senate OK of ICC pullout
THERE’S no need for the Senate to approve President Rodrigo Duterte’s decision to withdraw from the Rome Statute underpinning the International Criminal Court ( ICC), Malacañang said on Saturday.
In a radio interview, Palace spokesman Harry Roque Jr. said the Senate had no say on the matter, as the chamber’s concurrence on the withdrawal was not required.
“There is no such requirement under our Constitution. The only requirement is that before a treaty becomes a law, there’s a need for the Senate’s concurrence,” Roque told dzMM radio in Filipino.
“When pulling out or withdrawing a treaty, there’s no such requirement— that’s part of the power of the President as architect of foreign policy,” he added.
The pullout preempted an ICC investigation into Duterte’s deadly war on drugs, which critics claimed amounted to a crime against humanity.
On Wednesday, Malacañang released an - tion to the Hague- based court saying the Philippines was pulling out as a State Party to the Rome Statute “effective immediately.”
The President also disputed the treaty’s provision that provides that withdrawal “shall take effect one year after the date of receipt of an agreement “appears to be fraud.”
The power to bind the Philippines by a
treaty and international agreement is vested jointly by the Constitution in the President and in the Senate.
“No treaty or international agreement shall be valid and effective unless concurred in by at least two- thirds of all the Members of the Senate,” the 1987 Constitution states.
Resolution 289, which stated that the Senate should have a say when a treaty or international agreement concurred in by senators is terminated.
The Senate resolution was lodged after Duterte, citing Western criticism over the conduct of his bloody drug war, threatened to leave the “useless” ICC.
The resolution, whose principal author is Senate Minority Leader Franklin Drilon, has yet to be adopted and is non- binding.
The Philippines signed the Rome in 2011, becoming its 117th State Party.
Pimentel: ICC complaints will be dismissed
Also on Saturday, Senate President Aquilino Pimentel 3rd said he believed the ICC would eventually dismiss the as these were politically motivated.
Lawyer Jude Sabio, Sen. Antonio Trillanes 4th and Rep. Gary Alejano had accused the President before the ICC of committing a crime against humanity for his alleged involvement in the extrajudicial killing of thousands of drug suspects.
Pimentel said the ICC entertained the complaint from known political opponents of the President.
“They made the mistake of letting themselves be used by those who were not happy with the victory of President Duterte in the 2016 elections, who had their own candidates. These prosecutors will realize that,” he said.
“My fearless forecast is that the case against President Duterte pending before the ICC prosecutor will be dismissed because it is not among the crimes that the court was supposed to tackle: crime against humanity and genocide,” Pimentel said in a radio interview.
“And yet the ICC entertained the complaint against President Duterte which stemmed from his domestic policy, his priority, to pursue an all out war against drugs. So, let them also pay the price of their abuses. We must withdraw from ICC,” Pimentel said.
The Philippines on Friday began the process for its withdrawal from the the United Nations.
Foreign Affairs Secretary Alan Peter Cayetano said the withdrawal was formally conveyed in a note verbale that Teodoro Locsin Jr., the country’s permanent representative to the UN, handed over to Maria Luiza Ribeiro Viotti, chef de cabinet of UN Secretary General Antonio Gutteres, at 6: 07 p. m. New York time on Thursday or 6: 07 a. m. Manila time on Friday.
“Our decision to pull out of the Court is a principled stand against those who politicize and weaponize human rights,” Cayetano said in a statement issued Friday from Sydney where he will represent President Rodrigo Duterte in the Asean- Australia Special Summit.
In the note conveying its withdrawal, the Philippines gave its assurance to the international community that it continues to be guided by the rule of law embodied in the Constitution and a “long- standing tradition of upholding human rights.”
- atrocity crimes, notwithstanding its withdrawal from the Rome Statute, especially since the Philippines has a national legislation punishing atrocity crimes,” the note said.
“The government remains resolute in effecting its principal responsibility to ensure the long- term safety of the nation in order to promote inclusive national development and secure a one- page note said.
It added: “The decision to withdraw is the Philippines’ principled stand against those who politicize and weaponize human rights even as its independence and well- functioning organs and agencies continue to exercise jurisdiction over complaints, issues, problems and concerns arising from its efforts to protect its people.”
In his statement explaining Manila’s decision to pull out of the Rome Statute, Cayetano pointed to the “wellorchestrated” campaign to mislead the international community, to crucify the President and the Philippines by distorting the human rights situation in the country.
“This campaign against President Duterte and the Philippines is being effectively carried out by elements who seek to undermine our government and who have successfully in and weaponized human rights protection mechanisms to advance their goal of overthrowing our democratically installed government,” Cayetano said.
“It is doubly lamentable that members of the international community, who include our own partners in the war against terror, have allowed themselves to be used as pawns by these individuals and organizations in undermining our own efforts to restore the rule of law,” he added. “We are, however, since our campaign against methamphetamines and other narcotics is a legitimate law enforcement operation designed to protect all Filipinos and uphold the rule of law.”
He said it was always the position of the Philippines that States had the inherent responsibility to adopt and implement measures, consistent with their respective laws, to effectively address threats to the safety and wellbeing of their citizens.
Cayetano said that in the case of the the proliferation of illegal drugs and its link to other forms of criminality as a serious threat to the people that had to be immediately addressed.
“The campaign we are waging against illegal drugs is consistent with the sovereign duty of any State to protect its people,” he said.
He said that in the conduct of this campaign, the Philippines is guided by the rule of law embodied in its Constitution, statutes and its longstanding human rights obligations.
“Contrary to what some parties are trying to make it appear, there is no failure on the part of the Philippine government in dealing with issues, problems, and concerns arising from this campaign,” he said. “These are dealt with by independent and wellfunctioning organs and agencies of our State.”