“Unlike the International Court of Justice, which handles disputes between states, the ICC focuses on individual prosecutions”
The International Criminal Court or ICC was created or was established under the Rome Statute in 1998, which serves as a permanent judicial institution tasked with investigating, prosecuting, and adjudicating cases involving genocide, war crimes, and crimes against humanity.
Its headquarters are in The Hague, Netherlands, where it began its sessions on July 1, 2002, following ratification by 60 countries.
Designed as a court of last resort, the ICC steps in when national courts fail to address severe offenses.
Unlike the International Court of Justice, which handles disputes between states, the ICC focuses on individual prosecutions. It holds jurisdiction over crimes committed after July 1, 2002, within ratified states or by their nationals.
The Philippines ratified the Rome Treaty in 2011 but President Rodrigo Duterte ordered our withdrawal from the Treaty in 2017 which took effect in 2018.
This has not stopped the ICC prosecutor from pursuing potential crimes of humanity committed in the course of Duterte’s war against drugs and in his earlier stint as the Mayor of Davao City.
That investigation appears to be in its final stages and an indictment could happen soon.
Then there is the International Court of Justice which serves as the primary judicial branch within the United Nations, established in June 1945 under the UN Charter and commencing operations in April 1946.
Situated in the Peace Palace in The Hague, Netherlands, it stands apart from the other principal UN organs, being the sole one not headquartered in New York, USA.
The ICJ is tasked with the resolution of legal disputes between States following international law, the Court also offers advisory opinions on legal matters referred to it by authorized UN bodies and specialized agencies.
Comprising 15 judges serving nine-year terms, elected by the UN General Assembly and the Security Council, the Court operates with the support of its administrative body, the Registry.
Officially, it conducts proceedings in English and French.
Finally, we have the Permanent Court of Arbitration or PCA which is dedicated to resolving international disputes through arbitration and peaceful methods.
The PCA originated from the Convention for the Pacific Settlement of International Disputes, ratified in The Hague in 1899, during the inaugural Hague Peace Conference initiated by Czar Nicolas II of Russia.
During the Philippines v. China case involving the South China/West Philippine Sea, the Arbitral Tribunal enlisted the Permanent Court of Arbitration to serve as its registry.
The PCA offered courtroom spaces, a law library, administrative assistance, and functioned as the central hub for all correspondence.
All communications from the Arbitral Tribunal were dispatched using PCA’s official stationery, systematically numbered, and eventually preserved as part of the PCA’s enduring records.
Last January 4, 2024, the International Bureau of the Permanent Court of Arbitration confirmed the appointments of four Members of the Court of the Permanent Court of Arbitration from the Philippines, namely Dr. Raul Pangalangan, Prof. Sedfrey Candelaria, Philippine Ambassador J. Eduardo Malaya, and your truly. Our names were submitted to the PCA by Secretary for Foreign Affairs Enrique A. Manalo.
Under the 1899 and 1907 Hague Convention for the Pacific Settlement of International Disputes, PCA Member States may appoint up to four individuals who possess exceptional expertise in international law who will be included in the list of those who are available to serve as arbitrators under the auspices of the PCA for a term of six years.
In addition, the Members of the Court appointed by each Member State shall comprise its national group, which grants them the privilege to nominate candidates for the International Court of Justice and propose candidates for the Nobel Peace Prize, in collaboration with the ICJ judges.
The previous Philippine Members of the PCA were Chief Justice (ret) Artemio Panganiban, Chief Justice (ret.) Reynato Puno, Justice (ret.) Jose Vitug and Dr. Pangalangan.
I am obviously honored by this appointment and grateful to Secretary Manalo and President Bong Bong Marcos for their trust in my abilities.
I will do my best to serve with excellence and integrity in this post and to do the country proud.
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