‘EMPTY GESTURE’ | Duterte insists on debunked arguments to defend Rome Statute pullout

July 29, 2021 , 10:44 AM

(July 29, 2021) – President Rodrigo Duterte on Wednesday insisted anew that the Rome Statute, which created the International Criminal Court (ICC), was never binding in the first place because of its non-publication even if law experts have repeatedly debunked it over the years.

Duterte called his decision to pull the Philippines out of the international treaty “an empty gesture” because “there was nothing to withdraw in the first place.” He also admitted he ordered the pullout despite not reading a copy of the Rome Statute, claiming he did not receive any notice of the document.

“Ginawa ko lang ‘yun just to impress upon everybody that wala talagang batas kaya winithdraw ko,” said Duterte in his late-night public address. “I was really withdrawing nothing because until it is established that there was publication, then it becomes a law. Why would you bind me on something which I don’t know?”

Duterte’s allies and supporters have repeatedly said “the law is the law” and “ignorance of the law is no excuse” in justifying the administration’s harsh policies.

Senators, voting 17-1, approved the ratification of the Rome Statute on August 23, 2011, more than a decade since it was crafted by a diplomatic conference that the Philippines participated in. Senate concurrence makes the ratified treaty effectual as part of domestic law.

It is a prerequisite to enforcing an international treaty under Article VII Section 21 of the 1987 Constitution that is also reflected in the executive order of former President Fidel Ramos in 1997. Ramos’ order did not mention the need for publication to enter treaties into force, contrary to what Duterte and his officials have claimed.

CenterLaw, in a 2018 statement, also said publication was not a requirement anymore to make the treaty binding since the country also has its own International Humanitarian Law Act which allows the ICC to try cases under the principle of complementarity.

Duterte on Wednesday also issued expletives and claimed the ICC judges were “white” even if it was not true, considering that the 18 members of the body come from different countries with diverse backgrounds. He said he would only be willing to face the country’s local courts.

“Kung ako’y magpapalitis (sa kung) anong kasalanan ko, it will be before a Philippine court and before a Filipino judge na kung (patawan) niya na ako ng death penalty, so be it, tanggapin ko,” said Duterte.

Duterte faces international scrutiny for his brutal drug war, which has killed up to 30,000 people, including those killed by vigilante groups. He ordered the pullout from the Rome Statute after former ICC prosecutor Fatou Bensouda opened a preliminary examination on Duterte’s vicious campaign.

ICC maintains continued jurisdiction over drug war cases that happened until March 2019, the period when the pullout officially took effect. Duterte has continued to resist any possible investigation, but the Supreme Court said he can’t evade the ICC.

(PM)

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