Philippines' Duterte declares withdraw from International Criminal Court

By APD writer Melo M. Acuna

**MANILA, March 14 (APD) ** – Philippine President Rodrigo Roa Duterte said there is a “concerted effort” by UN special rapporteurs to paint him as a “ruthless and heartless violator” of human rights and blamed for the thousands of extra-judicial killings.

In a statement released this afternoon, he also said the International Criminal Court announced a forthcoming preliminary examination which “effectively created the impression” that he has been charged in the ICC for serious crimes under its jurisdiction.

He said “these acts are in violation of due process and constitutional presumption of innocence.”

President Duterte described the attempt to place him under the ICC jurisdiction “is a brazen display of ignorance of the law” because the ICC “has no jurisdiction nor will it acquire jurisdiction over my person.”

He referred to the Rome Statute which the Philippines is a signatory as well as the law that he is supposed to be charged under “is not effective nor enforceable in the Philippines.”

He explained under the New Civil Code of the Philippines, a law shall become effective only upon its publication in the Official Gazette or in a newspaper of general criculation.

“Devoid of the legal required publication, the Rome Statute is ineffective and unenforceable,” he added.

He explained the effectivity of the Rome Statute which is 60 days after the submission by a signatory state of its ratification to the Secretary General as provided therein cannot prevail over Philippine laws.

“An international law cannot supplant, prevail or diminish a domestic law,” he argued.

President Duterte said assuming the ICC can acquire jurisdiction over his person, the acts complained of alleged acts do not fall under the enumerated grounds “by which the ICC can assume jurisdiction.”

The alleged acts are netheir genocide nor war crimes and “not even a crime of agression or a crime against humanity.”

He maintained his argument that the deaths came from legitimate police operations sans intention to kill.

He clarified the acts made by the police were all in self-defense “when their lives became endangered by the violent resistance of suspects.”

Self-defense, he added was a justifying circumstance under Philippine criminal laws thereby incurring no criminal liability.

President Duterte said the acts of UN special rapporteur Agnes Callamard and UN High Commissioner on Human Rights Zeid Ra’ad al-Hussein show international bias and “refusal of some sctors of the international community to support the country’s legitimate efforts at self-determination, nation-building and independence from foreign influence and control.”

The 72-year old president said the implication of culpability with the announcement of the preliminary examination by prosecutor Fatou Besouda “unduly and maliciously created, it is apparent that the ICC is being utilized as a political tool against the Philippines.”

Presidne Duterte said the ICC “shows propensity for failing to give due respect to the State Parties of the Rome Statute and there is a clear bias on the part of the UN against the Philippines, the Philippines may very well consider withdrawing from the Rome Statute.”

Included in his three-page statement, he said the Philippine government signed the Rome Statute and was on the “assumption that the internationally accepted principles of justice in relation to the country’s Constitutional requirement on due process will be upheld.”

Describing the attacks on his person as “baseless, unprecedented and outrageous” and that on his administration and “engineered by the officials of the United Nations” along with “the attempt by the ICC special prosecutor to place him within the jurisdiction of the ICC and in violation of due process and presumption of innocence expressly guaranteed by the Philippine constitution and recognized by the Rome Statute, I therefore declare and forthwith give notice, as President of the Republic of the Philippines, that the Philippines is withdrawing its ratification of the Rome Statute effective immediately.”

Citing Article 127 on Withdrawal, President Duterte said any state, by written notification addressed to the United Nations’ Secretary-General withdraw from the Statute.

While the article mentions the withdrawal will take effect a year after the date of receipt of the notification unless the notification specifies a later date, President Duterte said “it is not applicable as to its effectivity “for the reason that there appears to be a fraud in entering such agreement.”

He said the Philippines was made to believe that the principle of complementarity shall be observed and that the principle of due process and presumption of innocence is mandated by the Constitution and the Rome Statute shall prevail.

The legal requirement of publication to make the Rome Statute enforceable shall be maintained.

He explained there was no publication as required in the country’s laws.

“As demonstrated above, the very considerations upon whichn the Philippines agreed to be a signatory to the Rome Statute have not been observed nor complied with hence the rescission of such agreement or the withdrawal of our country’s ratification of the Rome Statute is on order,” he concluded.

(ASIA PACIFIC DAILY)