A party-list lawmaker on Thursday denounced Senator Imee Marcos’ seeking to prohibit arrests or detention of individuals in the Philippines for transfer to any international court, including the International Criminal Court (ICC), without a warrant issued by a local court.
The measure, dubbed the “President Rodrigo Roa Duterte Bill,” was a regressive and dangerous attempt to shield perpetrators of mass atrocities from international accountability, Akbayan party-list Rep. Perci Cendaña said.
“Senator Imee is wrong on both law and principle,” said Cendaña. “The ICC has jurisdiction over former President Duterte because the alleged crimes occurred during the period when the Philippines was a full member of the ICC, from 2011 to 2019.”
He also emphasized the importance of the ICC trying Duterte’s case.
“Digong’s case at the ICC is that of a crime against humanity. You don’t need to be an expert on international law to know that he has to be held accountable,” the lawmaker said.
Fellow Akbayan Party-list Rep. Jose Manuel Diokno said the proposed measure undermines the Philippines’ continuing obligations under the Rome Statute, the founding treaty of the ICC, particularly in relation to crimes committed while the country was still a member.
“We have a duty to respect and to follow the procedures of the ICC. Any law that we will pass or that will be in violation of the Rome Statute, for me, would not be consistent with our obligations in the ICC,” he added.
The Philippines formally withdrew from the ICC in 2019, but the court maintains jurisdiction over crimes committed while the country was still a state party, including the period covering Duterte’s term from 2016 to 2022.
