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Friday, March 29, 2024

Lawyers’ group sues Rody before ICC

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A rights group and families of several drug war fatalities have filed a second complaint against President Rodrigo Duterte before the International Criminal Court for crimes against humanity in connection with the killings linked to his anti-drug campaign.

Duterte committed murder over “the extrajudicial killings of thousands of Filipinos” and inhumane acts for “causing great suffering to the victims and their families,” the complaint said.

The alleged mass murders and rights violations under Duterte “are so grievous and so heinous that is of sufficient gravity to justify further action of the Court,” the complainants, represented by the National Union of Peoples’ Lawyers, said.

The ICC earlier this year announced a preliminary examination of a complaint filed against Duterte for using killings to control crime.

This prompted Duterte in May to withdraw the Philippines from the Rome Statute, which created the ICC.

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The ICC may only take jurisdiction over the case if the Philippine justice system is “unable to prosecute him.”

Opposition senators who assailed the constitutionality of President Duterte’s decision to withdraw the country’s membership from Rome Statute of the International Criminal Court were a no-show during the oral arguments on their petition before the Supreme Court on Tuesday.

Senators Francis Pangilinan, Franklin Drilon, and Paolo Benigno Aquino IV, who were supposed to appear in the oral arguments, skipped the first hearing, but they sent lawyer Anne Marie Corominas to explain to the Court why they were not present during the oral arguments on their petition.

Earlier, the three senators had filed a petition that they be represented by detained Senator Leila de Lima during the hearing.

Lawyers of PCICC from Center Law International urged the Court to issue an order compelling the Executive branch to revoke the notice sent last March for withdrawal of the Philippine government’s signature from the Rome Statute.

They said the withdrawal violated the 1987 Constitution, which requires Senate concurrence.

“A treaty requires Senate concurrence and the Rome Statute is a treaty… The unilateral withdrawal is interference, a violation of the separation of powers,” lawyer Romel Bagares said.

During interpellation, Associate Justice Marvic Leonen was quick to question the legal standing of PCICC in filing the case.

“Principally it must be shown that there is personal, substantial and direct injury suffered by petitioners to have legal standing. What is your injury?” the magistrate asked, to which lawyer Ray Paolo Santiago replied, “I have no direct injury as of yet.”

Leonen pointed out that petitioners are also not victims of crimes against humanity to be able to seek relief from the Court.

The oral arguments will continue next week.

President Duterte announced last March the government’s withdrawal of its ratification of the Rome Statute, a United Nations treaty creating the ICC.

The Chief Executive cited “baseless, unprecedented and outrageous attacks” against him and his administration as the reason for his withdrawal as a state party.

The move came after ICC special prosecutor Fatou Bensouda started a preliminary examination on the alleged human rights violations amid the Duterte administration’s intensified war on drugs.

The Palace said Tuesday it was confident that the cases against the President will notprosper.

“Again, my fearless prediction is, it will not prosper because of the concept of complementarity,” he said.

“The ICC cannot advance unless the local courts have proven to be unable or unwilling to exercise jurisdiction on these complaints,” Roque added.

Activists and families of eight drug war victims filed the communication saying Duterte committed murder over thousands of victims of extrajudicial killings.

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