Philippine top court dismisses Duterte’s decision to quit ICC
MANILA: Voting unanimously 15-0, the Supreme Court (SC) dismissed as “moot” the decision of President Rodrigo Duterte to withdraw Philippine membership from the UN International Criminal Court (ICC) where he is facing charges of alleged crimes against humanity over his bloody and violent war on illegal drugs.
But in the same decision, the SC ruled that Duterte could not arbitrarily terminate international agreements like the Rome Statute that led to the establishment of the ICC based in The Hague, Netherlands.
Legal experts pointed out that opposition senators and other concerned groups filed petitions and questioned the legality of the Duterte decision to withdraw the Philippine membership when it was “moot,” meaning it was already a “done deal.”
The SC also said the president, as the primary architect of the country’s foreign policy and as head of state is allowed by the Constitution to make preliminary determinations on what might urgently be required in order that the foreign policy may manifest the country’s interest.
Nevertheless, the tribunal ruled that Duterte could not arbitrarily terminate international agreement without the concurrence of the Senate. Besides, it emphasised that as a state party, the Philippines was bound to recognise the jurisdiction of the ICC and cooperate with its processes despite its withdrawal from the ICC.
“Withdrawing from the Rome Statute does not discharge a state party from obligations it has incurred as a member,” the SC emphasised.
“Consequently liability for the alleged summary killings other atrocities commited in the course of the war on drugs is not nullified or negated here.”
Duterte ordered the withdrawal of the Philippines as he accused the ICC of allowing itself to be used by his critics and political opponents to damage his name and that of the country, mainly due to his bloody war on drugs amid charges of alleged rampant human rights violations and the extra-judicial killings by the police and other law enforcers.