Roque says Duterte firm on ICC exit

Presidential spokesperson Harry Roque on Friday said that President Rodrigo Duterte will not be swayed from his plans for the Philippines to withdraw its ratification of the Rome Statute despite possible disadvantages to Filipinos living or working abroad.

"Malinaw ang kaniyang mga kadahilanan. So sa 'kin po, mukhang hindi na mababago 'yung desisyon," said Roque in an interview on Unang Balita on Friday.

Roque also noted that the Executive Secretary and Department of Foreign Affairs will work on the withdrawal from the Rome Statute, which is the basis of the creation of the International Criminal Court (ICC).

In the same interview, he also denied claims that he changed his stance on the ICC. "Hindi po ako bumaliktad." 

"Sa akin po, tama naman po ang desisyon ng Presidente. Kaya naman tayo naging miyembro ng ICC ay dahil dun sa prinsipyo ng complementarity."

According to him, the ICC was a "court of last instance" to be consulted after all legal avenues, courts, and laws have been exhausted.

"Ang nangyari po dito ay para bagang hindi gumagana ang ating mga hukuman sa Pilipinas kaya nagsimula ng preliminary examination. 'Yan po ay hindi katanggap-tanggap dahil labag ito sa concept na ating ibinigay para maging miyembro ng ICC."

Earlier, Albay Representative Edcel Lagman rebuked Roque for his supposed turnaround from being a human rights supporter to an apologist for the alleged extrajudicial killings linked to President Rodrigo Duterte's war on drugs.

These alleged killings are the subject of the preliminary investigation the ICC is planning to undertake, prior to Duterte's  announcement of the Philippines' plan to withdraw from the tribunal.

While he agreed with the withdrawal plan, Roque, however, praised the Senate and former President Benigno Aquino III for successfully ratifying the Rome Statute, something which he thought impossible due to the unpunished "atrocities under both the Marcos and Arroyo regimes."

No notification yet

On the other hand, the ICC in statement noted that "it has not, as of now, been notified by the United Nations Secretary-General, the depositary of the Rome Statute, that such withdrawal has in fact taken place."

"The Court fully acknowledges that withdrawing from the Rome Statute is a sovereign decision, which is subject to the provisions of article 127 of that Statute. A withdrawal would become effected one year after the deposit of a withdrawal notice," it continued.

But Roque pointed out that Duterte did not choose to withdraw to avoid being put in court if preliminary investigations are completed within the one-year withdrawal process.

"Hindi po. Kung itutuloy naman po ang kaso niyan, haharapin naman po 'yan ng Presidente," he said.

"Pero kung sa loob ng isang taon ay walang mangyari at hindi umusad diyan sa preliminary investigations, eh mawawala na po ng tuluyan ang kaso."

He added that it was "too late" for the ICC to ask the Philippines to stay in the tribunal. —Rie Takumi/LBG, GMA News