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PHL withdrawal from ICC challenged before SC anew


The group that campaigned for the membership of the Philippines in the International Criminal Court (ICC) has asked the Supreme Court (SC) to declare void from the beginning the country's withdrawal from the Hague-based tribunal.

The Philippine Coalition for the ICC on Wednesday petitioned the SC to declare "void ab initio" the  Philippines' Notice of Withdrawal from the ICC, to direct the government to recall and revoke the document submitted to the United Nations Secretary General, and ask the Senate to weigh in on President Rodrigo Duterte's controversial move.

This pleading followed that of six opposition senators who asked the SC to proclaim as "invalid and ineffective" Duterte's announced withdrawal from the Rome Statute, the treaty that established the ICC, with the concurrence of at least 2/3 of the Senate.

The SC has set the senators' petition for certiorari and mandamus for oral arguments for July 24.

In its petition, the coalition argued Duterte gravely abused his discretion and violated the constitutional system of checks and balances by unilaterally deciding to withdraw the Philippines' membership from the ICC, whose establishing treaty was ratified by the Senate in 2011.

The group also said Duterte's move — done after the ICC announced it was examining allegations against him and his senior officials over the war on drugs — was "based on capricious, whimsical, ridiculous, misleading or misled, incoherent and/or patently false grounds, with no basis in fact, law or jurisprudence."

It said Duterte's unilateral act poses "grave legal consequences," arguing Filipinos will lose their immediate venue for redress against cases of impunity if government becomes unable or unwilling to prosecute such incidents.

Reacting to this latest pleading, presidential spokesperson Harry Roque maintained that the President is the chief architect of the country’s foreign policy.

“The Constitution makes no mention that concurrence of the Senate is necessary to validate the Philippines’ withdrawal from the ICC,” Roque said in a statement.

"Again, this is not an issue that can be addressed by a certiorari. Hence, the courts must defer matters on foreign affairs to the Executive.??"

The group said that while foreign policy is a prerogative of the president, Duterte committed grave abuse of discretion when he withdrew the Philippines from the ICC because "it runs against an expressed legislative policy" contained in the Senate's ratification of the Rome Statute, and in Republic Act No. 9851, or the Philippine law on crimes against international humanitarian law.

This law implements the complementary requirements of the Rome Statute, the group said, contending that this gives more reason for Duterte to "exercise restraint and submit his prerogatives to the shared duty" that withdrawing from treaty commitments entails.

"Sovereignty must yield to obligations to human rights and laws of humanity both under the Constitution, laws and our treaty commitments. Yes, the Chief Executive is the chief architect of Philippine foreign policy, but he cannot veto what for all intents and purposes, has, for so long, been binding obligations, or erga omnes obligations, under customary international law (or the realm of general international law)," the coalition said.

The ICC has jurisdiction over the "most serious crimes" of genocide, crimes against humanity, war crimes, and the crime of aggression.

The petitioners include coalition co-chair Aurora Corazon Parong, its founding chair and former Commission on Human Rights chair Loretta Ann Rosales, represented by counsel Romel Bagares, Ray Paolo Santiago, Gilbert Teruel Andres and Odina Batnag.

Named respondents are Executive Secretary Salvador Medialdea, Foreign Affairs Secretary Alan Peter Cayetano, and Permanent Philippine mission to the UN Teodoro Locsin, Jr. — with a report by Virgil Lopez/KBK/BM, GMA News

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