Independent judiciary balances out ICC withdrawal — US

While the Philippines and the United States share the same view on the International Criminal Court (ICC), Washington underscored it has a strong and independent judicial system and recognizes that “every situation is different.”

The US is not a party to the ICC and has consistently opposed an international court that can hold US military and political leaders to a uniform global standard of justice.

The US not becoming a party to the Rome Statute was highlighted when the US Department of State was asked about comments that National Security Adviser John Bolton made on the ICC and threatened sanctions against its judges if they proceed with a probe into alleged war crimes by Americans in Afghanistan.

Bolton, a former ambassador to the United Nations, threatened sanctions against the ICC and blasted the court as “ineffective, unaccountable,” “outright dangerous” and “contrary to American principles.”

“I think the preference is always for other countries to have a strong and independent judicial system,” US State Department spokesperson Heather Nauert said at a press conference on Sept. 11.

“That is why we do not adhere to the International Criminal Court, because we have such a strong and independent judicial system here in the United States, not only for our US service members but obviously for United States citizens as well,” Nauert sad.

The preference, she said, is always for other countries to have that same type of model.

“Unfortunately, there are some countries that don’t have that type of model, where in certain instances – and it’s different. Every situation is different,” Nauert added.

She cited the situation in Myanmar and the tragedies that have happened in Rwanda.

“That’s a different type of situation. Sometimes tribunals are applied; sometimes other types of systems are applied as well,” she said.

The Philippine Supreme Court (SC) resumed on Sept. 4 the oral arguments on a petition contesting the Philippines’ withdrawal from the ICC.

Petitions were filed before the SC to invalidate the country’s withdrawal from the ICC as ordered by President Duterte as the Senate did not concur through a two-thirds vote.

In March, the President pulled out from the Rome Statute that created the ICC after the tribunal announced it would initiate a preliminary examination of alleged crimes against humanity in connection with Duterte’s war on drugs.

The ICC expressed regret over the Philippines’ withdrawal from the Rome Statute and encouraged the country to remain part of the ICC.

But the ICC emphasized that it remains fully committed to its independent mandate to help end impunity in a complementary manner with states and contribute to the prevention of future atrocities.