DEBUNKING LIES ABOUT THE ICC
FACT OR FAKE NEWS?
The Marcos administration advances the same lies as the Duterte presidency. Both claim that:
Lie No. I: Because the Philippines withdrew from the Rome Statute, the International Criminal Court (ICC) no longer has jurisdiction over the killings in the “War on Drugs”;
Lie No. II: In light of said withdrawal, the Philippines is no longer obligated to cooperate with the ICC; and Lie No. III: The ICC cannot exercise jurisdiction because our courts are “able and willing” to investigate and prosecute the killings in the drug war. As the CENTER FOR INTERNATIONAL LAW of the Philippines (CENTERLAW), we reject these claims as grave and deliberate mischaracterizations of international law. To assist the general public, CENTERLAW distinguishes fact from fake news through an ICC Fact Sheet: First, though the Philippines withdrew from the Rome Statute effective 17 March 2019, the ICC retains jurisdiction over killings already committed. The non-retroactive effect of withdrawal is provided for in Article 127 of the Rome Statute, and has been recognized by no less than the Philippine Supreme Court. In Sen. Pangilinan v. Cayetano the Philippine Court pronounced that the ICC “retains jurisdiction over any and all acts committed by government until March 17, 2019. Hence, withdrawal from the Rome Statute does not affect the liabilities of individuals charged before the International Criminal Court for acts committed up to this date.” Second, though the Philippines has withdrawn from the Rome Statute, it still has the duty to cooperate with the ICC. Again, as stated in Article 127 of the Rome Statute, a “withdrawal shall not affect any cooperation with the [ICC] in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate[.]” Third, as clarified by the ICC in Prosecutor v. Katanga, inaction on the part of a state authorizes the ICC to exercise its jurisdiction. Because the Philippines has failed to investigate or prosecute those responsible for the bloody drug war, the ICC may exercise jurisdiction over the Situation in the Philippines.
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