Time for PH to rejoin ICC - Drilon
Metro Manila, Philippines - The Philippines should rejoin the Rome Statute, the international treaty that created the International Criminal Court (ICC), to prevent future abuses in the justice system, said former Senate President Franklin Drilon.
In an interview with ‘The Newsmaker’ on NewsWatch Plus, Drilon said that rejoining the ICC will settle the issue of jurisdiction following the country's withdrawal in March 2019.
"The president should reaffirm the membership of the country in the Rome Statute and therefore in the ICC. Why is it necessary? So that it will settle the issues about jurisdiction," said Drilon.
The former justice secretary added that an international court could also play a role in the future in case the country would have a leader like Rodrigo Duterte.
"If another Duterte comes up in Philippine politics in the coming years, at least if the justice system in the country cannot provide justice as we see today, then there is no question that another body, an international court, can look at the situation in the Philippines like what the ICC is doing now," said Drilon.
Duterte is now facing charges over crimes against humanity before the ICC. He is detained in The Hague, Netherlands.
Drilon said exiting from the ICC was ineffective, even if the Supreme Court previously ruled against the petitioners questioning Duterte's withdrawal. The high court, however, clarified that the exit does not affect criminal proceedings related to acts committed while the country was still a state party.
The former senator said rejoining the ICC would also dismiss claims that the decision to turn over Duterte to the ICC was politically motivated.
"It can be cited as proof that we are a country which adheres to its international commitments as a responsible member of the international community," said Drilon.
Progressive group Bayan also urged the Marcos administration to rejoin the ICC.
"Panahon nang baliktarin ang maling desisyong ito na lalong nagpapatibay sa kultura ng impunidad sa hanay ng mga nasa estado. Hinihiling namin na agad simulan ng administrasyong Marcos Jr. ang proseso ng muling pagsapi sa ICC. Ang hustisya para sa mga biktima ng mga patakaran ni Duterte na nagresulta sa malawakang pagpatay ng mga sibilyan ay ngayon lamang naging posible sa pamamagitan ng kaniyang pagka aresto at pagdadala sa ICC upang litisin," the group said in a statement.
[Translation: It is time to reverse this wrongful decision that further reinforces the prevailing culture of impunity among state actors. We demand that the Marcos Jr. government immediately begin the process of rejoining the ICC. Justice for the victims of Duterte’s policies resulting in the mass murder of civilians is now only made possible by Duterte’s arrest and delivery to the ICC for trial]
"Hinahamon namin ang kapwa naming Pilipino na habang hinihiling natin ang pagkakahatol kay Duterte sa ICC para sa mga krimen laban sa sangkatauhan, dapat din nating ipanawagan ang pagbabalik ng Pilipinas sa ICC," it added.
[Translation: We enjoin fellow Filipinos that as we call for the conviction of Duterte at the ICC for crimes against humanity, we must also demand for the return of the Philippines to the ICC]
Countries can rejoin the ICC after withdrawing by depositing an instrument of accession or ratification with the United Nations secretary-general, who serves as the depositary of the Rome Statute, ensuring compliance with national legal requirements for treaty ratification or accession, and waiting for the Rome Statute to enter into force for the country, which occurs on the first day of the month after 60 days following the deposit.
In 2016, Gambia's then-President Yahya Jammeh announced the country's withdrawal from the ICC. However, after a change in leadership, the new administration under President Adama Barrow reversed this decision in 2017, effectively rejoining the ICC.
