Palace: PHL won't rejoin ICC under Duterte

The Philippines will not rejoin the International Criminal Court while President Rodrigo Duterte is the country's chief executive, Malacañang said on Tuesday.

"Not during the watch of this President," presidential spokesperson Salvador Panelo said at a news conference.

Panelo gave the reaction after O-Gon Kwon, president of the Assembly of States Parties, expressed hope that the departure of the Philippines from the Rome Statute--the treaty that established the ICC-- was only temporary and that it will re-join in the future.

The Assembly of States Parties is the management oversight and legislative body of the ICC based in The Hague, Netherlands.

On March 17, the Philippines effectively withdrew its membership from the war crimes court, making it the second state party to leave the tribunal after Burundi in 2017.

Only national authorities may reverse a withdrawal, which in the case of the Philippines was a decision by the President that opposition senators and a non-government organization allege before the Supreme Court was unconstitutional for lacking Senate approval.

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

ICC prosecutor Fatou Bensouda said on Tuesday that her office will continue the preliminary examination of the allegations of crimes against humanity against Duterte.

She argued that the ICC retains its jurisdiction over crimes committed during the time in which the country was party to the Rome Statute and may exercise this jurisdiction even after the withdrawal become effective.

"The Rome Statute is very clear, only when you started the preliminary investigation that you can commence even subsequent to the withdrawal of a state party; but there is none to speak of," Panelo said. 

"Preliminary investigation shows or means that it has already determined that it has jurisdiction. So it has not even decided, so why are they continuing?"

Panelo maintained that the country has a "robust" judicial system, adding Duterte can be sued in local courts after the end of his term. The President, who is removable only by impeachment, enjoys immunity from suit.

"Anybody can file any complaint against any incumbent official. Even this President, after he steps down from office, if he indeed violated any provision of law he will be accountable," the Palace official said.

He also dismissed views that the country's withdrawal from the ICC would deprive Filipinos of an international venue for legal accountability for future post-withdrawal crimes against humanity, war crimes and genocide.

"Those fears are misplaced if not recklessly advanced. We have a rich history of making presidents/officials accountable in this country," he said.

Panelo said international organizations "appear to have conspired" against Duterte. 

"They opt to believe what they have been receiving from this source - the Philippines - false stories about the situation of this country," he said, noting that the groups were “citing the same figures” in relation to their criticism of the war on drugs.

The Palace spokesman claimed the groups sourced their information from the President's critics. 

"When these people issue statements and our newspapers print it, that’s their basis and they believe that hook line and sinker. So unconsciously they appear to be in conspiracy. Hindi nila siguro alam but parang iyon ang lumalabas, kasi pare-pareho ang mga sinasabi nila," Panelo said.

The President bristled at criticisms against the drug war that has killed more than 5,000 people since he assumed office in June 2016, repeatedly telling his foreign critics not to meddle with his domestic policies. — RSJ, GMA News