Communication vs. Xi at ICC more political than legal —Guevarra

Justice Secretary Menardo Guevarra believes the communication filed by former Philippine officials against Chinese President Xi Jinping at the International Criminal Court (ICC) is more a political action than a legal one.

Saying jurisdictional issues and legal standing are"huge stumbling blocks," Guevarra on Monday said he believes the filing may be meant to show China that if not the government, there are Filipinos "unwilling to defer further action to enforce" Manila's 2016 West Philippine Sea arbitration victory.

"The complaint against President Xi is really a political statement more than a legal action, and is thus intended to achieve a political result rather than a legal victory," Guevarra said in a message to reporters.

He later clarified that making a political statement "is not the same as doing a partisan, politically motivated act."

"Private citizens or groups can say or do something to influence public opinion or affect state action pertaining to matters of public interest, but not necessarily aligning themselves with mainstream political aggrupations in the partisan sense," he said.

Presidential spokesperson Salvador Panelo also said the filing was "more of a political" move.

"They may know that China is not a member state party. Philippines is not also a state party so how can [the] ICC assume jurisdiction," he told reporters.

Filed by former Foreign Affairs secretary Albert Del Rosario and former Ombudsman Conchita Carpio Morales two days before the Philippines' withdrawal from the ICC became effective, the communication accuses Xi of crimes against humanity over China's activities to gain control over most of the South China Sea.

Guevarra believes the jurisdiction requirements are "obviously not met" and expects the ICC to dismiss the communication.

Under the Rome Statute, the ICC's establishing treaty, cooperation in proceedings is obliged among state parties. China, which has also rejected the international arbitral tribunal's ruling, is not a party to the statute.

However, though the Philippines has withdrawn from the treaty, the ICC retains jurisdiction over crimes allegedly committed in the country's territory while it was still a member.

Guevarra said the filing may also mean to "stress" that "our withdrawal from the ICC was a mistake, as this is one forum where enforcement action in the West Philippine Sea may actually be sought."

"All of these notwithstanding, I trust that the president has the greater interest of the country in mind in pursuing his kind of foreign policy, and for that reason we ought to give him all the leeway and flexibility he needs," he said.

President Rodrigo Duterte decide to withdraw the country's membership in the ICC shortly after the court's prosecutor launched an initial assessment of criminal allegations against him in connection with his bloody campaign against illegal drugs. — with Virgil LopezKBK/RSJ, GMA News