Duterte to countries: Withdraw from International Criminal Court
March 18, 2018 | 2:15pm
Duterte said he will tell other state parties to leave the International Criminal Court. Philstar.com/File Photo
MANILA, Philippines — President Rodrigo Duterte on Sunday called on countries that ratified the Rome Statute to follow his example and withdraw from the treaty as he stressed that the International Criminal Court would not have jurisdiction over him.
Duterte claimed that the Rome Statute, which established the ICC, was sponsored by the European Union because the bloc is making up for its "past sins." He said the EU, which has expressed concerns over the deaths tied to his brutal war on illegal drugs, stole the oil of the Arabs and sowed division in the Middle East.
The EU, formed after World War II, has former colonial nations among its member states but not all member states had colonies in the Middle East or elsewhere.
According to a history of the treaty prepared by the Coalition of for the International Criminal Court, it was actually Trinidad and Tobago, "motivated in part by an effort to combat drug trafficking", that revived a post-war proposal for the establishment of an International Criminal Court.
"While negotiations on the ICC Statute were underway at the United Nations, the world was witnessing the commission of heinous crimes in the territory of the former Yugoslavia and in Rwanda," the ICC's "Understanding the International Criminal Court" guidebook says.
"In response to these atrocities, the United Nations Security Council established an ad hoc tribunal for each of these situations," it also says, adding "these events undoubtedly had a most significant impact on the decision to convene the conference which established the ICC in Rome in the summer of 1998."
The EU said last week that it regrets the Philippines' decision to leave the International Criminal Court, which it called "a key institution to assist citizens achieve justice when confronted with the most serious crimes, where this is not possible at the national level."
The EU and its member states "remain staunch supporters of the ICC and are committed to full co-operation on the prevention of serious crimes falling under the jurisdiction of the Court," Maja Kocijancic, EU spokesperson for Foreign Affairs and Security Policy, said.
'Get out'
"I will convince everybody now under the treaty, get out, bastos yan (that is disrespectful)!" the president said during the graduation of the Philippine Military Academy "Alab Tala" class of 2018 in Baguio City.
Last week, Duterte withdrew the Philippines' ratification of the Rome Statute, citing the alleged bias and "outrageous attacks" against him by the ICC and United Nations officials. Duterte claimed that the ICC, which has started its preliminary examination on his anti-narcotics crackdown, is being used as a "political tool" to harass the country.
The Philippines is the second state party after Burundi to leave the ICC after ratifying the Rome Statute.
The ICC acted on a communication by lawyer Jude Sabio, who claimed that Duterte was responsible for the deaths of more than 7,000 suspected drug personalities.
Officials claimed that the Philippines is not bound by the Rome Statute because the treaty was not published in the Official Gazette, the official publication of the government. Some legal experts, however, contested this, saying the publication requirement is not a requirement for a treaty to take effect.
Duterte, however, insisted that publication is necessary for treaties related to criminal offenses.
'Treaty is a criminal law'
"The treaty, if you read it, it's a bull...it is clearly a criminal law," the president said.
"You have to publish it so that people would not become ignorant. If it is not published, you cannot tell me that ignorance of the law excuses no one...If there is no publication, it is fatal, especially a criminal law," he added.
The International Criminal Court has jurisdiction over genocide, crimes against humanity, war crimes and the crime of aggression. The first three crimes are punishable under the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which was enacted in 2009.
Duterte said "never in a million years" would the ICC have jurisdiction over him. He reiterated that he would continue his war on illegal drugs despite the criticisms hurled against it.
"I need to finish this," he said.
"Just do your work and I will take care of the rest."
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