The Duterte administration cannot hinder the preliminary examination by the International Criminal Court (ICC) on President Rodrigo Duterte’s alleged crime against humanity, consequent to his deadly war against drugs, by denying ICC access to concerned officials and personnel as well as relevant records without the discretionary “prior clearance” from superior authorities.
Neither can Duterte challenge the ICC’s jurisdiction over him by foisting the country’s sovereignty.
As a signatory to the Rome Statute of the ICC, the Philippines is obligated to submit to the jurisdiction of the ICC and cooperate fully with ICC investigators.
Article 86 of the Rome Statute provides that “States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.”
The Philippines became a State Party to the Rome Statue when President Benigno Aquino III signed it on February 28, 2011 and the Senate gave its concurrence on August 23, 2011.
Presidential Spokesperson Harry Roque cannot mouth with candor and conviction the administration’s evasive stance after he had filed on August 10, 2016, as a former Kabayan Partylist Representative, House Bill No. 2835, entitled “An Act in Compliance by the Republic of the Philippines with its Obligations under the Rome Statute of the International Criminal Court and for other purposes.”
In his explanatory note, Roque underscored that his bill “creates a comprehensive system by which the Philippines shall extend legal assistance to the International Criminal Court in its judicial proceedings. This includes the arrest and surrender of persons, searches, procurement of evidence, and other matters. This bill is consistent with domestic and international law.”
He also explained that as a “party to the Rome Statute, the Philippines must fulfill its international legal obligations to assist the Court in the task of addressing the most serious crimes of international concern.”
Even as he is the President’s anointed apologist, Roque cannot flip-flop without remorse, and forfeit any of his remaining credibility.
EDCEL C. LAGMAN