SC junks pleas vs. Philippines' exit from ICC

The Supreme Court (SC) on Tuesday dismissed the petitions challenging President Rodrigo Duterte’s decision to withdraw the Philippines from the International Criminal Court (ICC), which is looking into allegations of abuse in his war on drugs.

According to the SC Public Information Office, the justices voted unanimously to junk the petitions for being moot. The Philippines formally exited the Rome Statute, which established the ICC, on March 17, 2019.

“The decision acknowledged that the President, as primary architect of foreign policy, is subject to the Constitution and existing statute,” the SC PIO said.

“Therefore, the power of the President to withdraw unilaterally can be limited by the conditions for concurrence by the Senate or when there is an existing law which authorizes the negotiation of a treaty or international agreement or when there is a statute that implements an existing treaty.”

The decision, penned by Associate Justice Marvic Leonen, also said the “judiciary has enough powers to protect human rights contrary to speculations raised by the petitioners.”

The Philippines' decision to leave the ICC came shortly after the ICC Office of the Prosecutor said in February 2018 that it would examine drug war-related allegations against Duterte to determine if it has jurisdiction to investigate.

A group of opposition senators and the Philippine Coalition for the ICC then questioned the withdrawal before the SC, claiming it was unconstitutional because it lacked approval by the Senate.

The withdrawal, however, will not stop ongoing proceedings in relation to Duterte, which cover alleged incidents that occurred before the exit.

Last December, outgoing ICC prosecutor Fatou Bensouda concluded that there was a basis to believe that crimes against humanity were committed in the course of the campaign.

Her office said she would decide whether to seek authorization from the ICC to open an investigation within the first half of 2021.

Duterte has repeatedly said that the ICC has no jurisdiction over him. -MDM, GMA News