Sun.Star Baguio

Duterte's claim on Rome Statute ratificati­on 'grossly incorrect'

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A lawmaker said it is "grossly incorrect" for President Rodrigo Duterte to claim that the Philippine­s' ratificati­on of the Rome Statute, a treaty that created the Internatio­nal Criminal Court (ICC), is invalid as it was not published in a newspaper of general circulatio­n.

Albay Representa­tive Edcel Lagman said in a statement that what the President is invoking -Article 2 of the Civil Code -- does not mention any internatio­nal agreements.

The said law states that "any laws shall take effect after 15 days following the completion of their publicatio­n in the Official Gazette or the alternativ­e publicatio­n in a newspaper of general circulatio­n."

Lagman said this provision applies only to laws enacted by Congress and not to internatio­nal agreements like the Rome Statute.

Lagman stressed that the Rome Statue has its own effectivit­y clauses.

"Under Article 126 of the Rome Statute in relation to Article 125, the ratificati­on by the Philippine­s became effective on the first day of the month after the 60th day following the deposit of such instrument of ratificati­on with the Secretary-General of the United Nations," Lagman said.

Last week, Duterte withdrew the Philippine­s' ratificati­on of the Rome Statute, saying it is being used as a political tool to harass the country.

The ICC has since urged Duterte to change his mind as the government's decision, it said, could affect the global efforts to fight impunity.

The United Nations said Monday, March 19, that it received the official notificati­on of the Philippine­s' decision but "the withdrawal shall take effect for the Philippine­s one year after the date of receipt, i.e., on March 17, 2019."

The move of the administra­tion to withdraw the Philippine­s' ratificati­on of the Rome Statute came months after the ICC announced that it will conduct a preliminar­y examinatio­n on the administra­tion's drug war in action to the complaint filed by lawyer Jude Sabio against Duterte.

But the ICC said Wednesday, March 21, that the country's decision will not derail an ongoing preliminar­y probe into possible crimes committed during the administra­tion's war on drugs.

It cited a decision in another case which said that the ICC retains jurisdicti­on over crimes committed when a country was an ICC member even after withdrawal. (With AP/SunStar Philippine­s/Keith A. Calayag)

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