SC junks petitions vs. ICC withdrawal

MANILA – The Supreme Court on Tuesday dismissed the petitions questioning the Philippine government’s withdrawal from the Rome Statute of the International Criminal Court (ICC).

The decision by Associate Justice Marvic Leonen turned down the suit for being moot and academic, an SC statement read.

“The decision acknowledged that the President, as the primary architect of foreign policy, is subject to the Constitution and existing statute. Therefore, the power of the President to withdraw unilaterally can be limited by the conditions for concurrence by the Senate or when there is an existing law that authorizes the negotiation of a treaty or international agreement or when there is a statute that implements an existing treaty,” the SC said.

It also said “that in this case, there were provisions in a prior law, Republic Act No. 9851, which were amended by the Rome Statute.”

“The Court also noted that the judiciary has enough powers to protect human rights contrary to speculations raised by the petitioners,” it read.

On May 16, 2018, Senators Kiko Pangilinan, Franklin Drilon, Bam Aquino, Leila de Lima, Risa Hontiveros, and Antonio Trillanes questioned the ICC withdrawal before the SC, saying it cannot be done without the Senate’s concurrence.

“Compel the Executive Department through the Department of Foreign Affairs and Philippine Permanent Mission to the United Nations to notify the United Nations Secretary-General that it is canceling, revoking, or withdrawing (the decision to pull out of the ICC),” the senators urged the High Court.

Named respondents to the petition were then Foreign Affairs Secretary Alan Peter Cayetano, Executive Secretary Salvador Medialdea, former United Nations Ambassador Teodoro Locsin Jr., and Chief Presidential Legal Counsel Salvador Panelo.

The Philippine Coalition for the ICC filed another petition on June 13, 2018, claiming the withdrawal was based on “capricious, whimsical, ridiculous, misleading or misled, incoherent and/or patently false grounds, with no basis in fact, law or jurisprudence.”

President Duterte decided on the ICC pullout amid threats by the ICC to probe alleged extrajudicial killings in the country.

“The government affirms its commitment to fight against impunity for atrocity crimes, notwithstanding its withdrawal from the Rome Statute, especially since the Philippines has a national legislation punishing atrocity crimes,” the government said in its March 2018 letter addressed to António Guterres, Secretary General of the United Nations.