Senator Imee Marcos warned the administration Wednesday that its “continued cooperation” with the International Criminal Court (ICC) could strain the Philippines’ ties with its longtime ally, the United States, which launched a sweeping campaign to dismantle the Hague-based tribunal. 

The lawmaker argued that Manila’s position runs counter to that of the US, and may put the Philippines interests and strategic relationship with Washington “at unnecessary risk.” 

Her remarks came in response to Malacanang’s statement on Monday, saying the US campaign holds no bearing on the Philippines, despite pressure from Washington that nations that “refuse to reject the ICC’s false authority while relying on US assistance are likely to come under increased scrutiny.”

Marcos contended that it is ”alarming” that the Palace “completely missed” the point on the US’ anti-ICC policy, which may not only jeopardize Manila-Washington relations but may also subject the Philippines to global sanctions.

“The issue is not whether the Philippines can control US policy, but whether the government understands that its continuing cooperation with the ICC may expose the country to heightened scrutiny and possible diplomatic, visa, or economic consequences,” the lawmaker stressed.

The Palace, she added, should disclose “the extent of its continuing cooperation with the ICC and explain what measures it is taking to protect the country from the consequences of that policy.” 

The US is one of the Philippines' key and strongest allies, especially in its relentless push for maritime independence in the West Philippine Sea. 

The Philippines was no longer a state party to the Rome Statute, the ICC’s founding treaty, as early as 2019. 

Although the administration of President Marcos Jr., estranged brother of Senator Marcos, facilitated the arrest of his predecessor, Rodrigo Duterte, for crimes against humanity, following a warrant from the ICC. 

The US, meanwhile, was never a state party to the Rome Statute, although it signed the treaty in 2000 under then-President Bill Clinton, but he did not submit it to the US Senate for ratification.

Two years later, his successor, George Bush, “unsigned” the treaty, informing the United Nations that the US had no intent to become a state member to the Statute and that it had had no legal obligations arising from its earlier signature. 

US-ICC strained relations

The US has long shared a complicated relationship with the ICC, which reached a critical point this week after Washington launched a sweeping effort to isolate and dismantle the tribunal amid a “threat to US sovereignty.”

In June, three ICC judges sued US President Donald Trump and several senior US officials, following what they called unlawful sanctions imposed on them by the administration last year. 

The sanction, which includes travel bans and asset freezes, was primarily triggered by the ICC warrant against US ally, Israeli Prime Minister Benjamin Netanyahu, and a previous decision to open a case into alleged war crimes by US troops in Afghanistan.

The US’s robust position, however, stood in stark contrast to the Philippines', although Marcos ruled out the possibility of rejoining the ICC.

The Marcos administration said Duterte’s surrender to the ICC in The Hague, Netherlands, was merely a residual obligation to the Rome Statute. 

Originally, Manila withdrew from the Statute on Duterte’s marching orders in 2018, shortly after the ICC launched a preliminary examination into the “extrajudicial killings” tied to his notorious bloody drug war, which drew global condemnation.

The exit, however, only took effect one year later due to the one-year window, which was designed to prevent a state party from immediately departing the treaty upon learning that it is under investigation for possible grave crimes.

The ICC asserted that it still retains jurisdiction over crimes committed under Duterte’s watch prior to the Philippines withdrawal. 

The United Nations, to which both the Philippines and the US were member states, defended the ICC against Washington’s efforts. 

The UN emphasized that the ICC remains a “critical cog” in the global community, helping extract accountability for grave offenses, such as crimes against humanity, war crimes, and genocide, and fighting impunity.

The ICC was established in July 2002 and is empowered to prosecute perpetrators of grave crimes, though it only steps in when the legal system of a state party is unwilling or unable to investigate or prosecute such crimes.