China envoy: ICC suit vs. Xi vicious attack on Chinese leadership, won’t prosper

China's Ambassador to the Philippines Zhao Jianhua on Monday dismissed as "fabrication" and "vicious" attack on the Chinese leadership the suit filed by two former Philippine officials against Chinese President Xi Jinping before the International Criminal Court (ICC).

Zhao's comment comes after President Rodrigo Duterte told Chinese Communist Party's Minister of the International Department Song Tao, who paid a courtesy call on the chief executive in Davao City on March 27, that the Philippine government had nothing to do with the suit.

"First and foremost President Duterte and the department concerned have expressed clearly to the Chinese side the Philippine government has no role in it. It's an action by individuals and we think it's a kind of political action viciously targeting the Chinese leadership," Zhao told reporters ahead of his courtesy call on presidential spokesperson Salvador Panelo in Malacañang.

The Chinese envoy expressed confidence that the communication filed by former Foreign Affairs Secretary Albert del Rosario and former Ombudsman Conchita Carpio Morales against him, Xi, and Chinese Foreign Minister Wang Yi will not prosper.

"Of course, I don't think it's appropriate," Zhao said.

"We don't think it's the proper action that is based on facts. It's a fabrication and also the misuse of the mandate of the ICC."

Panelo said he and Zhao talked about the ICC during the 50-minute courtesy call.

"Both officials likewise discussed the International Criminal Court (ICC) where they express the importance of respect for the sovereignty of nations," Panelo said in a statement.

"Ambassador Zhao shares the official position of the Philippines on the possible weaponisation of the ICC as a political tool, in stark contrast to the supposed spirit of the Rome Statute," he added.

'Crimes against humanity'

Del Rosario and Morales have accused Xi, Wang and Zhao of committing crimes against humanity in connection with Beijing's activities to gain control over most of the resource-rich South China Sea.

They said Xi and other officials have been responsible for the marine environment that has suffered destruction and the loss of the fisheries resources in the area due to the creation of artificial islands, militarization, and various other activities.

The communication was filed before the ICC Prosecutor on March 15 - two days before the Philippines' exit from the tribunal.

Under its rules, the court may still act on cases related to the Philippines while the Philippines was a member from November 1, 2011 until March 17, 2019.

But Duterte and Malacañang raised the issue of lack of jurisdiction given that China is not a state party to the Rome Statute—the treaty which created the ICC.

The features and waters in the South China Sea are contested in part or in whole by Brunei, Malaysia, the Philippines, Taiwan, Vietnam and China. — RSJ, GMA News