Panelo: ICC can no longer probe Duterte

The International Criminal Court (ICC) can no longer conduct an investigation on allegations of state sanctioned killings in President Rodrigo Duterte's war on drugs after he announced the withdrawal of the Philippines' membership from the tribunal, Chief Presidential Legal Counsel Salvador Panelo said Wednesday.

"How can you examine when the state party is no longer a member, has withdrawn?" Panelo told reporters in Malacañang.  

Duterte and senior administration officials are facing allegations from lawyer Jude Sabio, who submitted a communication with the ICC in April last year over "the terrifying and gruesome situation of continuing mass murder in the Philippines."

Nearly a year later, the ICC Office of the Prosecutor said in February that it would conduct a preliminary examination aimed at determining whether there is a reasonable basis to proceed with a full-blown probe.

The President had repeatedly said the ICC had no jurisdiction over him, with Malacañang arguing that the court may only exercise jurisdiction if the country's courts are unable or unwilling to hear cases related to drug-related killings and that the war on drugs is a sovereign act.

Duterte also said that the Rome Statute, the treaty that established the ICC, is not enforceable in the Philippines.

"Under our law, particularly the new Civil Code, a law shall become effective only upon the publication in the Official Gazette or in a newspaper of general circulation. Devoid of the legal required publication, the Rome Statute is ineffective and unenforceable," the President said in a statement.

"The effectivity of the Rome Statute which is 60 days after the submission by a signatory state of its ratification to the Secretary General as provided thereto cannot prevail our law. An international law cannot supplant, prevail or diminish a domestic law," he added.

Panelo insisted the ICC still cannot probe Duterte and his campaign against illegal drugs even if the complaint was filed prior to the announcement of withdrawal from the tribunal.

"They can do what they want but as far as we are concerned, we have ceased to be a member of the Rome Statute," the Palace official said.

Senator Antonio Trillanes IV, a staunch critic of the President, said the withdrawal has no legal effect on the cases already filed before it because under Article 127 of the Rome Statute, the effectivity of the withdrawal is only a year after the notification.

"Therefore, all his offenses committed as documented in the Atty. Sabio communication, as well as our own communication, which I filed together with Cong. Gary Alejano, and offenses which he may yet commit up to a year from now are still covered by the ICC," Trillanes said.

Trillanes said Duterte's move only showed that there is "no way out" for the President in the ICC.

Panelo, however, said Duterte is not afraid of the ICC.

"Definitely hindi," the Palace official said. — RSJ, GMA News