The International Criminal Court (ICC) retains jurisdiction over killings committed during the period when the Philippines was a member of the Rome Statute, Malacañan Palace clarified on Tuesday.
While the Philippines is no longer a member of the ICC, crimes that occurred between 2011 and 2019 remain under its jurisdiction.
“If we base what the Supreme Court said in their decision, although it's an ‘obiter dictum’ but still a pronouncement by the Supreme Court, that all crimes that occurred that are covered by the ICC and according to the Rome Statute that occurred prior to the withdrawal from the Rome Statute, the ICC has jurisdiction,” Palace Press Officer Claire Castro said during a Palace briefing.
Former Presidential Spokesperson and Chief Presidential Legal Counsel Salvador Panelo previously argued that the ICC membership did not take effect in the Philippines since it was never published in the Official Gazette, asserting that the court has no jurisdiction in the country.
However, Castro refuted this claim, pointing out that the country had to withdraw from the Rome Statute, which indicates that its membership was valid.
"If it didn't take effect, why did they have to withdraw in the first place. So, it means, it was ratified, so since it was ratified, it means, it is effective, it took effect. So, there is nothing to withdraw if the law is not effective,” she explained.
Castro maintained that there was no basis to dispute the Philippines’ ICC membership, emphasizing that it was ratified, accepted, and recognized by the ICC.
The Philippines joined the ICC in November 2011 under the administration of former President Benigno Aquino III. Rodrigo Duterte assumed office in 2016, the same period when the controversial war on drugs was launched.
To prevent further investigations and external interference, Duterte announced the Philippines’ withdrawal from the ICC in 2018, which took effect in 2019.
On 11 March, Duterte was arrested and transferred from Philippine authorities to Interpol to face charges of crimes against humanity in The Hague. He appeared before the ICC on 14 March.