Palace slams ICC prelim exam on NUPL case vs Duterte

“It becomes apparent that this institution is indeed bent on interfering with the sovereignty of our Republic even if it means disregarding the Rome Statute, the very instrument which created it,” Presidential Spokesperson Salvador Panelo said. (File Photo: Office of the Presidential Spokesperson/Facebook)

Malacañang slammed on Friday, April 5, the Hague-based International Criminal Court’s (ICC’s) preliminary examination of the complaints filed by the National Union of People’s Lawyer (NUPL) against President Rodrigo Duterte for alleged crimes against humanity, saying that it is “interfering” with the country’s sovereignty.

“It becomes apparent that this institution is indeed bent on interfering with the sovereignty of our Republic even if it means disregarding the Rome Statute, the very instrument which created it,” Presidential Spokesperson Salvador Panelo said.

Both Duterte and the Palace had said the ICC has no jurisdiction over the Philippines as the country’s ratification of the Rome Statute, the treaty that established the international tribunal, was not published on the Official Gazette or a newspaper of general circulation.

Panelo, in his statement, said even everyone assumes that the Rome Statute became “enforceable” in the country, still, the ICC can “no longer” exercise its powers because the Philippines’ withdrawal from the international body became effective on March 17.

Citing Article 127 of the Rome Statute, the spokesman clarified that the ICC can only continue a criminal investigation if it has started before the effective date of the withdrawal.

“With the categorical wordings of Article 127, there is therefore no basis under the Rome Statute for the ICC to proceed with any of its activities relative to the President’s programs against illegal drugs,” he stressed.

Panelo also mentioned the “principle of complementarity” which, he said, is enshrined in the Rome Statute.

“According to the Rome Statute, the ICC can only act if there is inability or unwillingness of the State Party to investigate and prosecute its own offenders for the commission of crimes referred thereto,” he said.

“In this connection, we urge any individual who has sufficient evidence to file a case before a Philippine court of competent jurisdiction and contend that the deaths resulting from the war against illicit drugs are State-sponsored. This is the only way we can determine if there is indeed inability or unwillingness on the part of the Philippine Government to investigate and prosecute these alleged crimes,” he continued.

The Palace official issued his remarks after the ICC, through a letter dated April 4, 2019, informed the NUPL that its complaint, which referred to as “communication,” is currently under preliminary examination.

“As soon as a decision is taken on whether there is a reasonable basis to proceed with an investigation, we will advise you promptly and we will provide reasons for the decision,” The letter, signed by the head of Information and Evidence Unit of the Office of the Prosecutor, Mark Dillon, read.

The NUPL last August 2018 assisted families of victims of the Duterte administration’s war on drugs in filing a 50-page complaint before the ICC, calling for “an end to madness and for President Duterte, who has likened himself to one of the most evil men in history, to be brought before the ICC and be held accountable for crimes against humanity.” This is the second case following the first one filed by lawyer Jude Sabio in April 2017.