Guevarra: ICC withdrawal no effect on justice system
THE PHILIPPINES has officially withdrawn from the International Criminal Court (ICC) as of Sunday, March 17.
This took effect a year after the country submitted its withdrawal to the United Nations secretary-general on March 17, 2018 following the announcement of the ICC Prosecutor Fatou Bensouda on Feb. 8, 2018 that the international body will conduct a preliminary examination on the alleged crimes against humanity of President Rodrigo R. Duterte stemming from his war against illegal drugs.
Justice Secretary Menardo I. Guevarra said membership or withdrawal from the ICC does not have any effect on the Philippines’ justice system.
“ICC has its own rules. But whatever it does, it doesn’t affect us. It does not have any jurisdiction over us, either ab initio (from the beginning) or by subsequent withdrawal,” Mr. Guevarra told BusinessWorld in a text message.
“Our justice system will continue to function whether or not our country is a member of the ICC. The ICC is not a substitute for functioning prosecutorial and judicial system, despite its imperfections,” Mr. Guevarra also said. “Absolutely no bearing if our criminal justice system is functioning vibrantly, as in fact it is.”
Mr. Duterte is facing two complaints before the ICC, the first one filed in April 2017 by lawyer Jude Joseu L. Sabio, legal counsel of Edgar D. Matobato who claimed in his Senate testimony that he was part of a hit squad operated by Mr. Duterte.
The second complaint was filed in August 2018 by activists and families of eight victims in the “war on drugs.”
For its part, the ICC in a report released in December 2018 said it will continue its preliminary examination and the assessment of the information they received against Mr. Duterte to determine whether the complaints fall within the jurisdiction of the court.
“The Office will also continue to engage with a variety of reliable sources and relevant stakeholders on all matters relevant to the preliminary examination of the situation in the Philippines,” the report read.
“The Court retains jurisdiction with respect to alleged crimes that have occurred on the territory of the Philippines during the period when it was a State Party to the Statute,” the ICC noted.
There are two petitions filed before the Supreme Court (SC), asking the high court to void the government’s withdrawal from the ICC.
The first petition was filed by opposition senators in May 2018, and the second petition by the Philippine Coalition for the International Criminal Court (PCICC) in June the same year. The SC also held two oral arguments over the petitions.