We note that Ms. Fatou Bensouda, Prosecutor of the International Criminal Court (ICC), recently published the 2020 Report on Preliminary Examination Activities (Report), with the usual critics and detractors of the administration welcoming the supposed development.
The Report, or more appropriately, a political propaganda against PRRD is not only irrelevant to the Philippines but immaterial as well to the affairs of the country’s government.
This is so, since the ICC, as we have repeatedly expounded, does not have jurisdiction over the Philippines, nor any of its state officials, given that the Rome Statute failed to comply with the publication requirement, demanded by the fundamental principle of due process under our Constitution. More so because the Rome Statute is penal in nature.
It needs to be stressed that the Report itself states that Ms. Bensouda’s office “anticipates reaching a decision on whether to seek authorisation to open an investigation into the situation in the Philippines in the first half of 2021” — meaning that no conclusive decision has been made if they are to proceed with an investigation. Celebratory statements therefore coming the enemies of the administration is premature and amusing.
Even assuming that the Rome Statute became enforceable in the Philippines (which never did ), the ICC can not exercise its powers on our local matters since our formal “withdrawal”, which took effect in March last year, removed our country from its jurisdiction. Article 127 of the Rome Statute provides that it is only when a criminal investigation or proceeding has commenced prior to the effective date of the withdrawal that the ICC can continue with the case initiated. As the Report indicates (and admits), the ICC’s Office of the Prosecutor is still conducting a preliminary examination with no criminal investigation or proceeding even being commenced, nor any matter being considered by the ICC Court Proper, at present.
With no authority to proceed, it becomes clearly evident that what Ms. Bensouda and her office are doing is playing politics in an attempt to besmirch the reputation and popularity President Duterte — akin to the practices of other lowly vulnerable and biased international rights groups which accept unthinkingly and without basis the lies peddled by the dyed in the wool opposition detractors.
We therefore take strong exception to the Report that there is “ reasonable basis “ that crimes against humanity were committed in Philippine territory. The Philippine Government does not sponsor any unlawful act that may result in any killing or violent activity. Nor does it allow any widespread or systematic attack directed against any civilian population.
Our administrative authorities are able and willing to prosecute, as they have prosecuted — any alleged crime against humanity in our jurisdiction. So is our judicial system robust enough to conduct criminal proceedings brought before the courts of justice.
We remind officials at the ICC to observe their complementarity principle, in line with the principle of state sovereignty. We remind and urge our citizens as well not to hesitate to file complaints against abusive practices violative of human rights, as this Administration ensures that it one with them in addressing all crimes, regardless of who the perpetrators are.
The Republic of the Philippines shall continue to claim its independence and call out all persons or entities that seek to destroy its exclusive supremacy over its affairs to refrain from doing so for they shall be repelled at every stage pursuant to — and in accordance with our Constitution.
