Understanding the International Criminal Court (ICC) and the Philippines’ Involvement

The International Criminal Court (ICC) has been a major topic of discussion following the recent arrest of former Philippine President Rodrigo Duterte. However, many Filipinos are unfamiliar with what the ICC is, how it operates, and why the Philippines has a complicated relationship with it. This article aims to shed light on the history, purpose, and jurisdiction of the ICC, as well as its involvement with the Philippines.

What is the ICC?

The International Criminal Court (ICC) is a permanent international tribunal established to prosecute individuals responsible for crimes of genocide, war crimes, crimes against humanity, and crimes of aggression. It was founded under the Rome Statute, which was adopted on July 17, 1998, and came into force on July 1, 2002. The ICC is headquartered in The Hague, Netherlands and operates independently from the United Nations.

Jurisdiction of the ICC

The ICC prosecutes individuals, not states, and only intervenes in cases where national courts are unwilling or unable to prosecute serious crimes. It has jurisdiction over crimes committed:

• Within the territory of a member state
• By nationals of a member state
• If a situation is referred by the United Nations Security Council
• If a non-member state voluntarily accepts the ICC’s jurisdiction

The Philippines and the ICC

The Philippines became a signatory to the Rome Statute in 2000 and ratified it in 2011 under President Benigno Aquino III, officially becoming a member of the ICC. However, under President Rodrigo Duterte’s administration, the Philippines withdrew from the ICC in March 2019 following the court’s preliminary examination into alleged extrajudicial killings during his controversial war on drugs.

Why Did the Philippines Withdraw?

Duterte and his administration argued that the ICC had no jurisdiction over the Philippines because the war on drugs was a domestic matter and should be handled by local courts. The Philippine government also claimed that the ICC was being used for political purposes. Despite the withdrawal, the ICC has maintained that it retains jurisdiction over crimes committed while the Philippines was still a member, which includes the period between 2011 and 2019.

Ongoing ICC Investigation on the Philippines

Even after the Philippines’ withdrawal, the ICC continued its investigation into the alleged human rights violations committed during Duterte’s presidency. In 2021, the ICC authorized a full investigation, citing sufficient evidence that crimes against humanity may have been committed. Duterte and his allies rejected the investigation, refusing to cooperate with the ICC.

Why is the ICC Important?

The ICC plays a crucial role in upholding international justice by ensuring that perpetrators of the world’s most serious crimes are held accountable. For Filipinos, understanding the ICC is important, especially given the recent legal actions involving national leaders. Whether or not one supports the ICC, its involvement in the Philippines highlights the global nature of justice and human rights.

Conclusion

The ICC is a vital institution for global accountability, but its role in the Philippines remains a contentious issue. As the legal proceedings against Duterte unfold, the importance of international law and the country’s history with the ICC will continue to be topics of national and international debate.

References:

• International Criminal Court official website: www.icc-cpi.int
• Rome Statute of the ICC: www.un.org/law/icc
• Philippine withdrawal from the ICC: www.gov.ph
• News reports from www.rappler.com, www.cnnphilippines.com, and www.reuters.com