Albert del Rosario and Conchita Carpio Morales
Two days before the Philippines’ withdrawal from the Rome Statute that created the International Criminal Court (ICC) took effect, former Foreign Secretary Albert del Rosario and ex-Ombudsman Conchita Carpio Morales, along with a group of Filipino fishermen, filed a communication calling on the ICC to investigate and prosecute Chinese President Xi Jinping for crimes against humanity. The complaint pertained to Chinese enforcers continuing to bar Filipinos from fishing near the islands reclaimed by China in the West Philippine Sea and the damage on the marine environment caused by the reclamations. The complainants said these alleged crimes “involve massive, near-permanent and devastating environmental damage across nations.” Said Morales: “Wewant to check impunity [so it will serve] as a deterrent for other countries to commit these crimes.” Morales compared their effort to the “case of David and Goliath.” Del Rosario, meanwhile, cited China’s “failure” to reciprocate the “good will” and “accommodating stands” shown by the Duterte administration on the West Philippine Sea issue, and called on other countries to join their call to “emphasize that it’s important to adhere to the rule of law.” Malacañang, however, downplayed the complaint and described it as a “futile exercise.” “[The case] could be dismissed because China is not a member of the ICC, so is the Philippines. The filing of the complaint may be a futile exercise. The ICC has no jurisdiction over China,” said presidential spokesperson and chief legal counsel Salvador Panelo. But in a press briefing, Morales countered: “The one who committed the crime does not have to belong to a country who is a state party to the ICC.” She added: “We have jurisdiction over Mr. Xi because he committed the crime within Philippine territory,” The filing of the complaint was widely lauded, with detained Sen. Leila de Lima hailing it as a “remarkable move” meant to check China’s “aggressive and systematic attempt to control the whole of South China Sea ... and deprive our fishermen and Asean neighbors, of their food and livelihood.” Sen. Panfilo Lacson described the move as “patriotic,” while senatorial contender Neri Colmenares said it was “one way of asserting our sovereignty against China.” Bayan Muna Rep. Carlos Isagani Zarate also echoed De Lima’s sentiments.