Palace hints at possible withdrawal of the Philippines from ICC

MANILA, Philippines — Malacañang on Tuesday hinted that the Philippines might withdraw from the International Criminal Court should the tribunal violate the “principle of complementarity” by intervening in the government’s drug war even if local courts can still prosecute crimes.

In a press conference, presidential spokesperson Harry Roque, a known human rights lawyer and the only ICC-accredited lawyer in the Philippines, announced he is set to give a speech at the ICC’s Assembly of State Parties in New York this month.

The Assembly is the ICC’s management oversight and legislative body that is composed of representatives of the states which have ratified or acceded to the Rome Statute, including the Philippines.

Although a final draft of his speech is still being drafted, Roque disclosed he might focus on the principle of complementarity, which he said states that the ICC can only act if local authorities are unable to do so.

“There is unwillingness if there are reasons for the states not to prosecute when there’s a clear duty to prosecute,” Roque explained.

“To violate the principle of complementarity would be to violate the very basis of our consent to be bound by the Rome Statute,” he added.

“And if this will happen, then there may be a possibility that the Philippines, like the three other African states, may withdraw from the Rome Statute of the ICC.”

South Africa, Burundi and the Gambia all announced plans to leave the court late last year, raising concerns that other states would follow.

Many African member-states have accused the ICC of being biased as they complained that the court has unfairly singled out Africans for prosecution.

Crimes against humanity

Philippine President Rodrigo Duterte has stoked international alarm for activating his ferocious anti-drug campaign which has been a hallmark of his three-decade political career.

Human rights watchdogs say most of the fatalities in the crackdown were extrajudicial killings committed by cops, adding that Duterte could be liable for crimes against humanity for giving police the “license to kill.”

But the government had vehemently denied such allegations by insisting that police were only killing in self-defense. 

Citing Western criticism over the spate of killings under his deadly anti-narcotic campaign, Duterte in November last year said he might follow Russia and leave the “useless” ICC.

He said the international court failed to understand the reasons for his drug war.

“They (Russia) withdrew their membership. I might follow. Why? Only the small ones like us are battered,” Duterte said.

READ: Duterte may follow Russia exit from ICC

The ICC’s chief prosecutor Fatou Bensouda had earlier warned that Philippine officials could be brought before the court for alleged state-sponsored extrajudicial killings in the drug war.

The court has jurisdiction over genocide, crimes against humanity, war crimes and crimes of aggression committed since July 2002.

Last June, Sen. Antonio Trillanes IV and Magdalo party-list Rep. Gary Alejano filed a supplemental communication against Duterte and other officials before the ICC.

It was a supplement to the communication filed by lawyer Jude Josue Sabio last April 24, titled "The Situation of Mass Murder in the Philippines, Rodrigo Duterte: Mass Murderer.”

READ: Trillanes, Alejano urge ICC to look into allegations vs Duterte | Explainer: What will happen to the case vs Duterte at ICC?