The importance of returning to the Rome Statute

Only nations ruled by dictators and tyrants would want to stay away from the only treaty-based International Criminal Court now supported by more than 130 civilized countries. Peoples and nations who believe in the rule of law as the only strong and lasting foundation of peace would always want to align themselves with the Rome Statute.

The Philippines cannot afford to continue being isolated from the mainstream of the community of civilized nations. We are not as strong as Russia, China or the USA, which President Donald Trump considers so mighty that the Americans do not need the International Criminal Court. The Philippines is a struggling economy of 117 million citizens, more than 12 million of whom are scattered in almost 200 countries globally.

Our small and fragile nation cannot remain so self-righteous as not to be needing the help of the ICC, especially in the light of a clear and imminent danger of being invaded by China, under a leader as arrogant and overbearing as Xi Jinping. The Philippines is too vulnerable to possible external aggressions, war crimes, genocide and other crimes against humanity. These are precisely the kinds of international atrocities under the jurisdiction of ICC as provided under the Rome statute.

We may have another president who shall govern the nation with impunity, who has no fundamental respect for human rights, who does not value human life and who governs with iron hands based on the doctrine that the end justifies the means. We may have another president who puts to jail a lady senator like Leila de Lima based on a concocted charge of being involved in drug trafficking.

We need the ICC to protect us from another president who may surrender our lawful historic title to the West Philippine Sea. Or a president who shall allow his Chinese friends to establish the likes of the Pogo syndicates. We need the ICC because we are a nation that believes in the rule of law and the principles and ideals of the Rome Statute are very much aligned with the Philippine Constitution and its declaration of fundamental principles and basic policies.

It is for the highest national interest and for the protection of the basic rights of the people that we need to return to the fold of the Rome Statute and become once again a State Party to the ICC. It was adopted by the conference of 120 nations in Rome, Italy on July 17, 1998. After having been ratified by at least 68 State Parties, it became operational on July 17, 1998.

The Philippines signed it on December 28, 2000, as one of the last acts under the Erap Estrada presidency before he was deposed. It was only ratified by a Senate vote of 17 in favor, and one against, on August 23, 2011 under the PNoy presidency. The lone dissenter was Juan Ponce Enrile who was the main implementor of the Martial Law atrocities against human rights. Our ICC membership shall shield us from other dark days in our history and struggles as a people.

When he was already being charged before the ICC for a number of crimes against humanity, Duterte caused the withdrawal of the Philippines from the Rome Statute on March 17, 2018, and such withdrawal only took effect one year thereafter, or on March 17, 2019. This writer believes that such a withdrawal was intrinsically defective because it was not ratified by the Philippine Senate. Besides, the withdrawal was self-serving because he himself is the accused or respondent.

The ICC now determines that the Philippines remains under its jurisdiction for crimes committed before the effectiveness of the said withdrawal. I venture the view that there has been no valid withdrawal and therefore we should continue to be under the ICC jurisdiction. On March 12, 2025, the Supreme Court denied Duterte's and de la Rosa's petition for the issuance of a Temporary Restraining Order as petitioners have failed to establish a clear and unmistakable right for the immediate issuance of a TRO.

Whatever happens to the case of Duterte and his comrades, I do believe firmly that the larger interest of the Filipinos demand that we should return to the fold of the ICC by signing and ratifying again our official status as Party State to such an important international instrument of peace, justice and freedom all forms of impunity and oppression.

In our Preamble, we ordain our collective ultimate dream, as a nation and people, which is to build a just and humane society. The Rome Statute and the ICC are very essential means to achieve such a noble dream.