Maritime law expert says filing of complaint vs. Xi before ICC not futile

A maritime law expert believes that the filing of complaint against Chinese President Xi Jinping before the International Criminal Court (ICC) is not a futile exercise.

Professor Jay Batongbacal of the University of the Philippines Institute for Maritime Affairs and Law of the Sea said the complaint has already made an impact and made the public aware of China's aggression in the West Philippine Sea.

"I don't think that's entirely futile because in the first place, it has already had an impact. It has called attention to the fact that China continues to carry out its activities in the West Philippine Sea," Batongbacal said on Monday in an interview on ANC.

"It really shines a light on the environmental aggression that China had undertaken between 2013 and 2016 by building these massive artificial islands," he added.

Batongbacal further stated that the complaint, which was filed by former Foreign Affairs Secretary Albert Del Rosario and former Ombudsman Conchita Carpio Morales, shows that the Philippine government has not done anything to seek reparation for the damages brought by China's military activities in the area.

"It also called attention to the fact that the Philippines has not yet done anything to seek even some kind of recompense for the damage that was incurred by them due to China's activities," Batongbacal said.

Aside from Xi, also sued by the two former government officials were Foreign Minister Wang Yi and China's envoy to Manila Zhao Jianhua for allegedly committing crimes against humanity in connection with China's activities to gain control over most of the resource-rich region.

Presidential Spokesman Salvador Panelo has deemed the action as a "futile exercise," noting that the ICC has no jurisdiction over China.

Batongbacal said this move would be a serious problem for the Asian superpower.

"If this communication basically triggers, if it has a kind of snowballing effect... it will always call attention to the fact that China, under its current leadership, engaged in the environmental aggression in the South China Sea in order to pursue its aims, in order to protect its claims without regard for the collateral damage that it had created," Batongbacal said.

Meanwhile, Philippine Coalition for the International Criminal Court president Arpee Santiago echoed Batongbacal's remarks, adding that Filipinos should fight for their territorial rights in the West Philippine Sea.

"This has been a principled stand that has been brought to the attention of international community and also among Filipinos that we should not let our victory that we had with regards to the West Philippine Sea just go to waste," Santiago said.

In July 2016, the Permanent Court of Arbitration invalidated Beijing's claim over most of the resource-rich region.

However, the Duterte administration set aside the ruling and chose to maintain warm ties with China as it believes that the country can be a partner for the Philippines' economic projects. —Anna Felicia Bajo/KG, GMA News