MANILA, Philippines - Sen. Miriam Defensor-Santiago said the Philippine government should decide whether to recognize the new independent state of Crimea by considering non-legal factors such as diplomatic abilities, the ability to raise international support and influence media, and military power.
“International law is neutral with respect to secession. International law neither prohibits nor promotes secession. The independence of Crimea will depend upon the acceptance of the international community,†Santiago said in a speech during the International Youth Conference in Taguig City yesterday.
A few days ago, Crimea held a referendum where 97 percent voted to leave Ukraine and join Russia.
The Ukraine government, with the support of the United States and the European Union, protested the referendum as a violation of international law.
Santiago, chairperson of the Senate committee on foreign relations and a judge-elect of the International Criminal Court, noted that at this time there is no principle of customary international law which allows a right to secede from a state.
“Crimea bases its claim on the right to internal self-determination. This is because the Crimea event does not yet constitute customary international law. We have to wait for international practice to develop in the future,†she said.
She also said that the three main characteristics of customary international law are repetition, practice and the Latin principle of opinio juris.
If the Philippines recognizes Crimea, Santiago said that in effect the Philippines is saying that Crimea is entitled to a principle of customary international law, most importantly the principle of opinio juris.
“This is the principle that for a practice to become a rule of customary international law, it must be shown that nations believe that international law mandates the practice. Opinio juris is not based on moral obligation,†the senator explained.
But Santiago does not think that the Philippines has complied with the requirement of opinio juris.