Cooperate with ICC, CHR tells government

MANILA, Philippines — The Philippine government should demonstrate good faith and cooperate with the International Criminal Court as quitting in the international tribunal would not have effect on the ongoing proceedings, the Commission on Human Rights said.

“The rational thing for the government to do is to face the ICC squarely in the interest of respecting due process,” CHR said in a statement.

It added: “Regard for due process includes accepting that withdrawal from the Rome Statue does not remove the jurisdiction of the court on crimes alleged to have been committed during the time the Philippines is still a state party.”

According to the Article 127 of the Rome Statute, the international treaty that created ICC, the withdrawal shall only take effect a year after the written notification of the withdrawal is received by the United Nations secretary-general.

Philippine Ambassador to the United Nations Teodoro Locsin Jr. on Friday (Manila time) formally informed the UN of the country’s letter of withdrawal from the Rome Statute of the ICC.

The letter was delivered days after President Rodrigo Duterte announced his decision to withdraw from the ICC.

He is accused before the international tribunal of crimes against humanity for the killings under his brutal war on drugs.

READ: Philippines formally informs UN of ICC withdrawal

Senate concurrence

CHR also said that Senate concurrence is required in withdrawing or terminating treaties, citing Senate Resolution 289. The resolution expresses the sense that the upper chamber should have a say when a treaty or international agreement concurred in by the Senate is terminated.

“Hence, an unsigned statement of withdrawal from the president alone is not sufficient for such declaration to take effect,” the commission said.

But the resolution’s main author, Senate minority leader Franklin Drilon, said that it has yet to be adopted and is non-binding.

Presidential spokesperson Harry Roque Jr. also said that there is no need for a Senate concurrence in the Philippines’ withdrawal from the ICC.

“The reason why the Senate consent is not necessary is that the Constitution does not provide it’s necessary. That is a decision to be made by the president as chief architect of foreign policy,” Roque said in a press briefing Thursday.

READ: Can the Philippines leave the ICC without Senate concurrence? 

Demonstrate genuine respect for human rights

CHR said that the government must ensure that the human rights of every Filipino is respected and protected regardless of any treaty.

“If the Philippine government can ably demonstrate genuine respect for human rights as well as working mechanisms that ensure that perpetrators are brought to justice and there is recourse for victims under our justice system, then international human rights bodies will find no reason to assume jurisdiction over what should otherwise be purely domestic affairs,” it said.

The commission urged Filipinos to continue to demand accountability for every human rights violation.

“In the end, no one is and should be above the law,” CHR said.