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Palace shrugs off opposition senators' petition challenging PHL withdrawal from ICC


Malacañang on Wednesday dismissed as "absolutely bereft of legal basis" the petition filed by opposition senators before the Supreme Court (SC) challenging the withdrawal of the Philippines' membership in the International Criminal Court (ICC).

Senators Franklin Drilon, Francis Pangilinan, Leila De Lima, Paolo Benigno "Bam" Aquino IV, , Risa Hontiveros, and Antonio Trillanes IV petitioned the high court to invalidate the action of President Rodrigo Duterte, arguing withdrawal from a treaty ratified by the Senate requires a similar concurrence.

The Palace refuted this claim, saying the President is the “chief architect” of the country’s foreign policy and does not need to get the approval of the Senate before the Philippines can opt out of the ICC.

"Ang requirement lang po is when a treaty can become valid as part of the laws of the land and that is Senate concurrence. Wala pong requirement pag tayo po ay lalabas ng isang tratado," said Presidential spokesperson Harry Roque, a former law professor.

Roque also said that based on his experience as a litigant, the SC has always deferred with the Executive department on the matter concerning foreign relations.

"Itaga niyo sa bato 'yan," he said.

Criticisms against the anti-illegal drugs campaign have reached the ICC, which opened in February a preliminary examination on allegations that Duterte and other senior administration officials have committed crimes against humanity due to the increasing number of killings of drug personalities.

In March, Duterte announced his withdrawal from the Hague-based tribunal, citing the "baseless, unprecedented and outrageous" attacks against him and his administration and the alleged attempt of the ICC prosecutor to place him under his jurisdiction.

Duterte also pointed out that the Rome Statute, the treaty that established the ICC, is not enforceable in the Philippines as it was not published in the government's newspaper, the Official Gazette.

He also urged other nations to get out of the ICC.

Following Duterte's announcement, the ICC said the development "will not affect the continuation of the preliminary examination process" and for a state party like the Philippines "to cooperate with the Court in relation to an investigation initiated before the withdrawal came into effect."

Under Article 127 of the Rome Statute, the effectivity of the withdrawal is only a year after the notification which the Philippines made in a letter delivered to the United Nations Secretary General, the depository of the treaty, on March 15. — BAP, GMA News

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