ICC withdrawal a loss for Pinoys — CHR

The withdrawal of the Philippines from the International Criminal Court (ICC) is a loss for the Filipino people, according to the Commission on Human Rights.

CHR spokesperson Jacqueline de Guia said yesterday the decision of President Duterte to unilaterally withdraw from the tribunal is a reversal of the country’s commitment to international treaty obligations, particularly in ending impunity.

De Guia also described the withdrawal as a step back from the gains the Philippines has achieved in promoting justice and human rights.

“In the end, it is the Filipino people who are bound to lose when they no longer have recourse in times the local justice systems fail in protecting them,” De Guia said.

“It is then impunity that wins as a consequence of withdrawal. The task before the Philippine government is to show—beyond words—that it is willing to investigate, prosecute and punish perpetrators of alleged extrajudicial killings linked to the government’s anti-drug war,” she added.

Opposition senatorial candidate Magdalo Rep. Gary Alejano warned of the “wide” and “long-term” implications and consequences of the Philippines’ withdrawal from the ICC.

“From a domestic point of view, the withdrawal from the ICC will embolden our leaders to commit further human rights violations,” Alejano said.

“From an international perspective, (the) President’s idea to withdraw signifies an act that goes against universal values other countries have adopted and fostered,” he added.

Constraints

The Philippines officially quit the ICC yesterday, though the beleaguered tribunal has pledged to pursue its examination of possible crimes in the government’s deadly drug war.

The country’s withdrawal became final a year after it told the United Nations that it was quitting the world’s only permanent war crimes tribunal, the second nation to do so.

“The Secretary-General... informed all concerned states that the withdrawal will take effect for the Philippines on 17 March,” UN spokesperson Eri Kaneko said.

The departure of the Philippines follows the ICC being hit in recent years by high-profile acquittals and moves by several nations to drop out.

The Philippines moved to quit after the body launched a preliminary examination in 2018 of Duterte’s drug crackdown that has killed thousands and drawn international censure.

Duterte’s drug war is his signature policy initiative and he defends it fiercely, especially from international critics like Western leaders and institutions which he says don’t care about his country.

A senior government lawyer said the ICC’s Office of the Prosecutor can still pursue the complaints even with the Philippines’ exit from the tribunal.

“There are probably calls on the ICC Office of the Prosecutor to file charges now as a way of reaffirming the ICC’s continuing jurisdiction on alleged violations that occurred while the Philippines was a member,” the official told The STAR.

The official warned about its effect on the country if charges will be filed by the ICC Prosecutor.

“This step will prejudice and place hardships on our people. It will place constraints on what the government may do vis-a-vis the international community without an assurance of it leading to changes in the anti-illegal drug campaign,” the official said.