We take note of the Supreme Court’s decision dismissing the petitions questioning our country’s withdrawal from the Rome Statute of the International Criminal Court (ICC).
The decision puts to rest the debate on the authority of the President to withdraw from treaties and international agreements. As we have repeatedly articulated in many fora, such exercise is the sole prerogative vested by law upon the President as head of state and as the chief architect of our country’s foreign policy.
As the petitions, according to sources, were dismissed based on mootness (i.e., the withdrawal already took effect), the ruling of the Supreme Court effectively upholds the validity and force of the withdrawal without the concurrence of the Senate.
It should be clear to some members of the upper chamber of Congress that their participation in treaties or similar instruments is limited to their concurrence for ratification, and not for any other undertaking.
The decision however for practicality is of no consequence to the earlier posture of our country that the ICC never acquired jurisdiction over us. As the President said, the ICC has no jurisdiction over the Philippines, nor any of its state officials, given that the Rome Statute was not published in accordance with the demands of due process and the right to information.
We therefore reiterate our calls to the officials of the ICC to stop their futile endeavors apropos the internal affairs of our country. They should be enlightened by Article 127 of the Rome Statute that their preliminary examination, not being considered as a criminal investigation or court proceeding, has neither basis in fact nor in law to proceed.
It is about time for foreign elements not to meddle in the affairs of our state and unchain their imperialist assault on our sovereignty, even as the citizens of this country assert our independence against external forces that seek to trample upon our fundamental sovereign rights institutions.