Senate concurrence needed in rejoining ICC, counsel says

A Senate concurrence is needed for the Philippines to return to the International Criminal Court (ICC), lawyer Kristina Conti said Monday.

In a television interview, Conti, who serves as ICC assistant to counsel, said that the Philippines could rejoin the ICC by rescinding the decision of withdrawal and by signing anew the Rome Statute, the treaty that established the ICC in 2011. 

"It could be two ways but actually the first way which is to rescind the decision of withdrawal, kumbaga kakanselahin ‘yung naging desisyon (you will cancel the decision) and to rescind the decision which was what happened in several countries," Conti told ANC. 

''Pero at this point the ICC has already accepted the withdrawal of the Philippines and therefore the second possible means is to be... to sign again the Rome Statute and bind ourselves to the ICC again. That’s the only way we can rejoin, to sign it as a treaty, parang ganon," Conti added. 

''It requires Senate concurrence for the Philippines to be binded to a treaty,'' she said. 

Conti further explained how politics could get in the way of deciding on whether to rejoin the ICC or not. 

''Of course, given the developments in the Lower House, people from the majority were pushing for cooperation with the ICC, pwede maiba ‘yung ihip ng hangin,'' she said.

''It’s not just about the people, we’re not protecting anybody because actually bottomline ganoon ang mangyayari eh, bakit ayaw nilang magrejoin tayo ng ICC? (that's what will happen, why don't they want us to rejoin the ICC)  Kasi prinoprotektahan nila ang ilang tao (because they're protecting other individuals), but if you take that out, if you take politics out, is it good to join a court that will supplement our legal system? Well yes, I would say that in principle. Most of them will agree. But will it affect this person, doon na nagkakaproblema (that's were the problem starts),'' Conti added. 

In 2018, then President Rodrigo Duterte announced the Philippines' withdrawal from the ICC.

President Ferdinand "Bongbong" Marcos Jr. earlier disclosed that returning under the fold of the ICC has been "under study.'' He, however, maintained that there are "problems" with regards to the ICC's jurisdiction in probing the Duterte administration's war on drugs.

Marcos' remark came after Manila Representative Bienvenido “Benny” Abante Jr. filed a resolution urging the present administration to cooperate with the ICC probe.

The resolution noted that while the Philippine government already withdrew from being a party to the ICC, the ICC and the Supreme Court in the Philippines have maintained that the ICC has jurisdiction with respect to any alleged crimes against humanity perpetuated in the Philippines during the Duterte administration’s drug war.

To recall, the ICC Appeals Chamber had denied the Philippine government’s appeal to stop the probe on the drug war killings, saying the latter had failed to prove that a legitimate investigation and the prosecution of perpetrators are being undertaken by local authorities.—Anna Felicia Bajo/AOL, GMA Integrated News