MANILA, Philippines — Hitting back at presidential spokesperson Salvador Panelo's remarks on the communication submitted before the International Criminal Court, former Ombudsman Conchita Carpio-Morales said the Malacañang mouthpiece was misinformed on the matter.
Panelo earlier said the submission of Morales and former Foreign Affairs Secretary Albert del Rosario asking the ICC to conduct a preliminary examination on China's massive island-building activities in the South China Sea was a "futile exercise."
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The communication accused Xi, Chinese Foreign Minister Wang Yi and Chinese Ambassador to the Philippines Zhao Jianhua or committing crimes "which involve massive, near-permanent and devastating environmental damage across nations."
Asked if she agrees with the position of the Duterte administration, Morales flatly said "no."
"He is misinformed or he misread, if at all he read, the Rome Statute," Morales told ANC's "Headstart" Tuesday morning.
Morales stressed that the crime was committed within Philippine territory while the country was a member of the Rome Statute that established the ICC.
"Whether or not the pepetrator, subject of our communication belongs to a country which is a member of the Rome Statute is immaterial because what's material is that person committed a crime within the territory of the Philippines, which is a member of the Rome Statute," Morales said.
The communication against Xi and other Chinese officials was submitted days before the Philippines' withdrawal from the ICC took effect on March 17.
Under Section 12 2(a) of the Rome Statute, the ICC may exercise jurisdiction if the "State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel of aircraft."
In the communication submitted to the international court, Del Rosario and Morales argued that it has jurisdiction over the "atrociously inhumane actions" of Chinese officials in the South China Sea, which is within Philippine territory.