Supreme Court starts hearing arguments on ICC withdrawal

The Supreme Court (SC) starts hearing on Tuesday afternoon the oral arguments from the government and the challengers of the Duterte administration's decision to withdraw the Philippines' membership from the International Criminal Court (ICC).

Six opposition senators have asked the high tribunal to declare the withdrawal "invalid or ineffective" without the concurrence of at least 2/3 of the Senate, which ratified the establishing treaty of the ICC, the Rome Statute, in 2011.

Their petition has been consolidated with a similar pleading by the Philippine Coalition for the ICC, which asks for the voiding of the Philippines' formal notice of withdrawal from the Hague-based tribunal. also on the basis of a lack of parliamentary approval.

President Rodrigo Duterte decided to withdraw the country's membership from the ICC weeks after it announced it was reviewing allegations against him in connection with his deadly crackdown on illegal drugs.

In its answer to the consolidated petitions, however, the Office of the Solicitor General (OSG), representing the government, said the Constitution does not require the Senate's concurrence to the President's decision to terminate or withdraw from treaties.

The OSG said Duterte has the "sole prerogative" and "constitutional duty" to determine when foreign relations "impinges" on the country's sovereignty.

"Thus, the withdrawal from the Rome Statute was an act to protect national sovereignty from interference and preserve the judiciary's independence," the OSG said. 

"In fact, even with the withdrawal from the Rome Statute, the Philippine Government affirms its commitments, both under international and domestic law, to promote and protect human rights," it added.

Issues

The SC has outlined the coverage of the oral arguments to include four major issues, including whether or not the withdrawal from the Rome Statute is valid and whether or not the petitions present a controversy that can be answered by the court.

The SC expects presentations from the government and the petitioners on the following matters, according to a publicly available court advisory:

• Whether or not the petitioners have sufficiently discharged their burden of showing the case is justiciable;
• Whether or not the Philippines' withdrawal from the Rome Statute of the ICC through a Note Verbale delivered to the Secretary General of the United Nations is valid, binding and effectual;
• Whether or not the withdrawal places the Philippines in breach of its obligations under International Law
• Whether or not the withdrawal will diminish the Filipino people's protection under International Law -- and even if it does, whether or not it is a justiciable question

De Lima to argue?

It remains to be seen whether detained Senator Leila de Lima, one of the senators behind the challenge to the ICC withdrawal, will be allowed to participate in the oral arguments either in person or while in jail.

The SC has already denied her petition and follow-up appeal to be allowed to attend and personally represent herself at the proceeding in view of her detention and her supposed failure to plead exclusive competencies that would make her presence "indispensable."

But her fellow petitioners -- Senators Francis Pangilinan, Franklin Drilon, Paolo Benigno Aquino IV, Risa Hontiveros, and Antonio Trillanes IV -- have filed to a last-ditch pleading to convince the SC to at least let her join the oral arguments through a live video or audio feed.

The senators' motion may be taken up during the SC's en banc session on Tuesday morning. — RSJ, GMA News