PHL’s withdrawal from ICC has “no effect” in country’s justice system – Calida

The International Criminal Court at the Hague in the Netherlands. (Photo from International Criminal Court website)

 

(Eagle News) – The government’s top lawyer said that the Philippine government’s withdrawal from the International Criminal Court will have “no effect in our justice system.”

In a statement, Solicitor General Jose C. Calida, said that the country’s withdrawal from the Rome Statute does not have any adverse effect on the country’s justice system.

“The Philippine justice system functions independently with or without membership in the ICC. Hence, the withdrawal of the Philippines from the Rome Statute has no effect in our justice system,” Calida said.

-Probe and prosecution of drug-related deaths continue-

He explained that the Philippine government continues the investigation and prosecution of drug-related deaths, incidents, and offenses

Citing official government statistics, Calida said that as of 2018, 49,034 drug-related cases have been filed in court, and 75,327 such cases were pending in public prosecutor’s offices. There are also cases pending before the Supreme Court regarding alleged violations committed in connection with the government’s campaign against illegal drugs.

“All these facts show that the government is not unwilling or unable to prosecute these crimes, despite what administration critics say,” Calida said.

“Our government institutions continue to function, investigate, and prosecute these cases despite membership or non-membership in the ICC.”

-Sufficient remedies to protect Filipinos’ rights-

Solicitor General Jose Calida/Calida Twitter account/

The country’s existing laws are also sufficient to provide remedies and protect the fundamental rights of Filipinos, he said.
He cited Republic Act No. 9851, or the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity” which he said already “thoroughly encapsulates the purpose and intent of the Rome Statute.”

“All the relevant protections and guarantees under the Rome Statute are provided to the Filipino people through our domestic law,” Calida stressed.

“The Philippines cannot be coerced to submit to the jurisdiction of the ICC. We have validly withdrawn from the Rome Statute pursuant to Article 127 thereof. As a sovereign state, it is our prerogative to be a party to the Rome Statute or not,” he said.

-ICC withdrawal has no effect on foreign aid-

The Solicitor General also said that before the Philippines’ withdrawal, only two other countries from Southeast Asia, Cambodia and Timor-Leste, ratified the Rome Statute. More recently, this March, Malaysia also joined the ICC.

Calida said the fact that other ASEAN countries were not parties to the Rome Statute did not affect their foreign aid.

“Philippine withdrawal from the Rome Statute will not affect foreign aid to the country. Foreign aid sometimes comes with conditionalities regarding human rights protections,” a release from his office said.

He also pointed out that the Rome Statute is not the only instrument that provides remedies for the protection of human rights.

“Philippine laws sufficiently afford protection. The Philippines remain a party to other human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR),” Calida said.