ICC pullout will scrap Filipinos’ protection under int’l law — petitioner

MANILA, Philippines — The executive department’s withdrawal from the Rome Statute of the International Criminal Court will not only diminish but also abolish the Filipino people’s protection under international court, the counsels of Philippine Coalition for ICC stressed Tuesday.

During the oral arguments on the country’s withdrawal from the international tribunal, Gilbert Andres, one of PCICC’s counsels, said that the country's pullout will deprive Filipinos of the means to effective remedies.

“The Philippines’ withdrawal from the Rome Statute will abolish the Filipino people’s parallel means of enforcing right to effective remedies against international crimes committed by state forces and/or armed forces,” Andres said.

He pointed out that the subject crimes of the Rome Stature are “crimes of most serious concerns in the international community.”

“Due to the gravity of the crimes that are subject of the Rome Statute, there is a need for the right to effective remedies against these international crimes and this right to effective remedies is provided in various human rights instruments,” Andres said.

He added: “The ICC is precisely that parallel means of enforcing that right against these gross human rights violations.”

Need for Senate nod

The counsels of PCICC also argued that the country’s unilateral withdrawal from the Rome Statute is invalid due to lack of Senate concurrence, noting that treaties exhibit a shared responsibility between the executive and the legislative branches of the government.

“The unilateral withdrawal is interference with Congress in terms of the [Congress’] performance of its duties and powers. Such withdrawal, therefore, is violation of the doctrine of separation of powers and transgression of the sovereignty of Senate,” lawyer Romel Bagares said.

Bagares stressed that a treaty requires the concurrence of at least two-thirds of all members of the Senate.

“The Rome Statute is a treaty as admitted by both parties. Unlike an executive agreement, the Rome Stature is subject to constitutional procedure of ascension and withdrawal,” he said.

The oral arguments on the ICC withdrawal is ongoing as of writing.

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