‘Senate concurrence not needed to rejoin ICC’

MANILA, Philippines — President Marcos has the legal authority to allow the country to rejoin the International Criminal Court (ICC) without the need for Senate concurrence, former Senate president Franklin Drilon said yesterday.

“In my view, the concurrence of the Senate is not necessary for the Philippines to rejoin the ICC. The Philippines can rejoin the ICC without returning to the Senate. The President can rely on the original resolution or ratification, as it remains valid and in effect,” Drilon said.

The Duterte administration withdrew from the Rome Statute establishing the ICC on March 17, 2018. The withdrawal took effect a year later.

“If Duterte could unilaterally withdraw from ICC, President Marcos should similarly have the authority to rejoin the ICC,” he said. “If to withdraw from a treaty can be made through an executive action as shown by former president Duterte, then the decision to rejoin can likewise be made through an executive action by President Marcos,” Drilon said.

“The situation would have been different if former president Duterte had sought the Senate’s concurrence when the country left the ICC, as that action would have been legally binding and established a precedent,” Drilon emphasized.

Senate Resolution No. 57, passed on Aug. 23, 2011, expressed the Senate’s concurrence to the ratification of the Rome Statute.

“Resolution No. 57, like any other resolution or law, remains legally binding unless specifically repealed. Its ratification has never been revoked,” Drilon said.

Drilon also cited as example Duterte’s suspension of the two decades-old Visiting Forces Agreement (VFA) in February 2020. He would later recall the suspension and effectively reinstate the VFA.

Citing Pangilinan v. Cayetano, where he was one of the petitioners, Drilon said the Court ruled that unless there is a provision requiring Senate concurrence prior to withdrawal, the President is empowered to withdraw from a treaty.

No problem to rejoin

Former senator Leila de Lima said there should be no issue if the country decides to rejoin the ICC.

De Lima, a staunch Duterte critic, said his withdrawal from the Rome Statute was “questionable” to begin with, as such had only served his interest.

“Unilateral withdrawal, so why would it be a problem now to rejoin? When we acceded in 2011, everybody in the Senate except for one acknowledged or recognized the wisdom of joining the Statute,” she said in an interview.

She also chastised Vice President Sara Duterte for undermining the authority of President Marcos by calling on the Department of Justice not to cooperate with the ICC.