SC urged to nullify withdrawal from Rome Statute

Six opposition senators asked the Supreme Court (SC) on Wednesday to nullify President Duterte’s decision to withdraw from the International Criminal Court (ICC).

The petitioners – Senators Francis Pangilinan, Franklin Drilon, Paolo Benigno Aquino, Leila de Lima, Risa Hontiveros, and Antonio Trillanes IV – told the SC the President’s withdrawal from the ICC is invalid as it has no concurrence from at least twothirds of the 24-member Senate.

President Duterte announced on March 14, 2018, the Philippines’ withdrawal from the Rome Statute, citing “baseless, unprecedented and outrageous attacks” against him and his administration.

The six senators wanted the SC to compel the Department of Foreign Affairs (DFA) and the Philippine Permanent Mission to the United Nations to notify the United Nations Secretary-General of the revocation of the notice of withdrawal from the ICC it received on March 17, 2018.

“The Executive cannot abrogate or repeal a law. In the same vein, the Executive cannot unilaterally withdraw from a treaty or international agreement because such withdrawal is equivalent to a repeal of a law,” they said.

The withdrawal from the ICC is a usurpation of legislative powers which punishable under the Revised Penal Code, they said.

Malacañang is optimistic the SC will dismiss the petition.

Presidential spokesman Harry Roque argued that the senators' petition lacks legal basis, adding the court would “always defer to the executive on matters of foreign affairs.”

“Good luck to them. I don't think there is no legal basis,” Roque said in an interview with reporters at the Palace. (With a report from Genalyn D. Kabiling)