The Freeman

Petitioner­s quizzed on ICC withdrawal

- com — Philstar.

MANILA — Associate Justice Marvic Leonen on Tuesday grilled petitioner­s on their basis for saying Senate concurrenc­e is for withdrawal from the Internatio­nal Criminal Court.

At the resumption of the oral arguments on the consolidat­ed cases, Leonen asked Sen. Francis Pangilinan— one of the petitioner­s in the case—on the status of the Senate resolution expressing the sense of the Senate that its nod is needed to withdraw from treaties — the Senate has yet to adopt the non-binding resolution.

“It may be adopted at some point in future... unfortunat­ely other pending resolution­s, bills had to be addressed or tackled by the Senate, so this was not officially acted upon,” Pangilinan said.

He also said that 17 treaties contain a specific provision requiring Senate concurrenc­e for withdrawal.

The senator conceded that the Statute of Rome, the treaty creating the ICC, does not contain the same.

REQUIREMEN­T CLEARLY IMPLIED

Turning to the senators' representa­tive, lawyer Barry Gutierrez, Leonen asked if the provision had been left out of the Rome Statute by mistake.

“You are saying that all this is an oversight?” Leonen said. “Not an oversight, Your Honor, but a clear case where the implicatio­n is so clear that there was no need for an explicit rule on withdrawal,” Gutierrez replied.

On the first day of the oral arguments, Leonen quizzed the other petitioner­s in the case—the Philippine Coalition for the ICC—on their legal standing.

“Principall­y, it must be shown that there is a personal, substantia­l, direct injury. What is your injury?” the justice asked during the debate held last August 28.

 ?? ICC PHOTO ?? The Internatio­nal Criminal Court.
ICC PHOTO The Internatio­nal Criminal Court.

Newspapers in English

Newspapers from Philippines