BY GEROME DALIPE IV
ILOILO City – The question of the International Criminal Court’s (ICC) jurisdiction over crimes allegedly committed during the Duterte administration’s war on drugs persists, especially since the Philippines withdrew from the Rome Statute in 2019.
However, according to legal experts, including lawyer Maria Kristina Conti from the National Union of Peoples’ Lawyers, the ICC maintains jurisdiction over alleged crimes that occurred before the country’s withdrawal.
In her recent appearance on “At The Forefront” with Attorney Karen Jimeno on the Bilyonaryo News Channel, Conti referenced Article 127 of the Rome Statute to clarify the ICC’s jurisdiction in the Philippines’ case.
Article 127 outlines the procedure for a state’s withdrawal from the ICC, specifying that a member state can withdraw by submitting written notification to the UN Secretary-General, with the withdrawal taking effect one year after the notification is received, unless a later date is specified.
This one-year period is crucial, as it means the ICC retains jurisdiction over any alleged crimes committed up to that date and for any ongoing investigations that started before the withdrawal took effect.
But Conti noted that since the ICC’s inquiry into the Philippines’ drug war began while the Philippines was still a party to the Rome Statute, the court retains jurisdiction over crimes allegedly committed before the country’s exit became official in 2019.
Thus, the withdrawal does not negate accountability for actions within the ICC’s purview during the membership period.
The ICC’s jurisdiction stems from the fact that these alleged incidents took place when the Philippines was still a signatory to the Rome Statute.
Under the Statute’s terms, the ICC can continue its investigations and potential prosecutions of crimes committed while the Philippines was a member, even after the country has withdrawn.
This is grounded in the principle that once an investigation has been initiated, a country’s subsequent exit does not strip the ICC of its authority to pursue justice for crimes allegedly committed within that timeframe.
She emphasized the ICC’s jurisdiction remains because investigations were initiated while the Philippines was still a party to the Rome Statute.
The ICC’s legal framework allows it to continue examining crimes that occurred before a country’s withdrawal, especially if preliminary inquiries were ongoing or if potential cases had already been opened prior to the exit.
This ongoing jurisdiction means that the ICC is empowered to investigate and prosecute international crimes that allegedly took place on Philippine soil while it was still part of the Statute, maintaining accountability for actions during that period.
Likewise, Conti pointed out that under Article 127 of the Rome Statute, a state’s withdrawal does not exempt it from obligations already established under the Statute, including any financial commitments or responsibility to cooperate with ongoing ICC proceedings.
“For us the preliminary examination was already a matter under consideration of the court so therefore we should continue with that, which is why the scope of the investigation actually is.. when we were a member of the ICC. So its logical that during that time, we were a state party, we accrue obligations so we have that responsibility even before we left, ” Conti said.
She clarified that while a state party can formally withdraw from the ICC, the withdrawal takes effect only one year after submitting the notice, allowing time for the ICC to continue addressing any cases under its consideration before the withdrawal.
This means that if there were cases, such as the crimes against humanity charges linked to former President Rodrigo Duterte’s drug war, filed before the Philippines’ withdrawal notice was submitted or before it took effect, the ICC retains jurisdiction over those cases.
Thus, the withdrawal does not impede the ICC from continuing its investigation or prosecution of these alleged crimes, as the court’s authority applies to incidents that occurred during the Philippines’ membership in the ICC./PN