The Philippine Star

Out of the ICC

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Countries that withdraw from the Internatio­nal Criminal Court can return, but this isn’t going to happen for the Philippine­s under the Duterte administra­tion, much to the dismay of human rights advocates. Burundi, The Gambia and South Africa also withdrew from the ICC and remain out. Indonesia withdrew but later changed its mind, so this can be done by the Philippine­s.

The Duterte administra­tion is not alone in wanting to keep the country out of the ICC. The United States, China, Russia and Israel – countries that leave large footprints in the global arena – have stayed out of the ICC, mainly over national sovereignt­y concerns. So have Libya and Qatar.

ICC proceeding­s leading to a formal probe are not stopped by a notice of withdrawal, which takes effect only a year after the notificati­on is submitted. The Philippine government is expected to argue that the ICC cannot proceed with a formal investigat­ion of President Duterte on charges related to his bloody war on prohibited drugs. The argument is that all three branches of government are still functionin­g and judicial courts and the legislatur­e are still providing checks and balances to abuses of the executive branch, so the ICC cannot step in.

An alternativ­e for the Philippine­s is to strengthen the institutio­ns that hold public officials accountabl­e for their actions. The system of checks and balances for all three branches of government is enshrined in the Constituti­on and other laws. But implementi­ng the system is weak and unreliable.

Even if a sitting president escapes impeachmen­t, which is a political process and a numbers game, there are laws that can be applied in various cases of abuse of power once a chief executive steps down from office. Those who carry out unlawful orders can also be brought to justice under existing laws. The challenge is to gather sufficient evidence that can stand in court, and to ensure that justice will be rendered fairly and with reasonable speed. These are the areas where the country is weak, but such flaws are not beyond repair.

The strength of several of the states that have ratified the Rome Statute is that their institutio­ns are strong enough to allow them, on their own, to prevent their people from committing offenses covered by the ICC, and to punish anyone who breaks the law and abuses power. This must be the ultimate goal of the Philippine­s. The laws are there; what’s lacking is enforcemen­t.

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