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Philippines supports US' democracy summit but disassociates from ICC reference


The Philippine government has expressed support for the United States' endorsement of the Summit for Democracy Declaration but disassociates itself from any reference to the International Criminal Court.

In a statement dated March 29, the Philippines, through the Department of Foreign Affairs, joined the US and other countries in supporting the declaration, noting that it is a "testament to our unwavering commitment to upholding our democratic values and principles and to strengthening our democratic institutions for the benefit of the Filipino people."

But, the country "disassociates itself from the Declaration’s reference to the International Criminal Court (ICC)."

"While the current language provides a qualifier that the ICC’s role may be acknowledged provided it abides by the principle of complementarity, the Philippines’ earlier decision to withdraw from the ICC was precisely because the Court failed the test of complementarity," the Philippines said.

A Reuters report said US President Joe Biden announced new funding to bolster democracies around the world as well as to help fight corruption, support free and fair elections, and advance technologies that support democratic governments.

This was initially endorsed by 73 countries.

The report said: "Twelve of those dissociated themselves from parts of the text, including India, Israel and the Philippines, which all opted out of a part backing accountability for human rights abusers and acknowledging the importance of the International Criminal Court."

The Philippines maintained that it does not recognize the ICC’s authority as it stressed and affirmed its government's jurisdiction to investigate and prosecute crimes, including those allegedly committed amid the bloody campaign against illegal drugs.

To recall, the Philippines withdrew from the Rome Statute, which established the ICC, in March 2019, under the leadership of former President Rodrigo Duterte, who launched the war against narcotics.

"The (Philippines) maintains that the rule of law and accountability are fully functioning through its criminal justice system and efforts to improve mechanisms, such as the AO35 Mechanism," the DFA said.

"The (Philippines) upholds its commitment to fight impunity for atrocity crimes, notwithstanding the country’s withdrawal from the Rome Statute, especially since the Philippines has a national legislation punishing atrocity crimes," it added.

The DOJ, under the leadership of then Secretary Menardo Guevarra, who is now the Solicitor General, had said AO35 is dedicated to "resolving cases of political violence such as extrajudicial killings, enforced disappearances, and torture, among other similar grave human rights violations."

Meanwhile, the DFA reiterated the Philippine government's view that human rights-related dialogues and platforms should "not be politicized and targeted against specific countries and instead be constructive, inclusive, and directed at delivering meaningful, long-lasting solutions."

The DFA statement came after President Ferdinand "Bongbong" Marcos Jr. had said the Philippines will disengage from any contact and communication with the ICC after its Appeals Chamber rejected the Philippines’ bid to suspend the drug war probe.

Guevarra said he will clarify the matter with the President as "it could mean many things."

In a video message during the plenary session of the Second Session for Summit for Democracy, Marcos said the Philippines would continue to engage in countries bilaterally and in international platforms on issues related to democracy, human rights, and good governance as long as they are constructive, based on facts and respectful of the Philippine sovereignty.

Further, the President emphasized that the rule of law in the Philippines has been prevailing, adding that its justice system is functioning fully.

"The Philippines will sustain its tradition of open, constructive, and active engagement on human rights on matters that will meaningfully contribute towards reinforcing the sinews of democracy and of freedom. Thus, we enable our people to flourish and meet our national aspirations to be a modern prosperous middle-income society by 2040,” he said.

When it comes to climate change, the DFA cited the importance of effective implementation of obligations under the UNFCCC (United Nations Framework Convention on Climate Change) and its Paris Agreement, based on the principle of common but differentiated responsibilities and respective capabilities.—Anna Felicia Bajo/AOL, GMA Integrated News