Rejoining the International Criminal Court (ICC) is a good showing of the government’s commitment to combat most serious crimes, a lawyer said Tuesday.
In an interview with Manila Standard, international law and humanitarian law expert Evecar Cruz-Ferrer said the government should reconsider joining the ICC.
“We should reconsider. Being part of the ICC provides another avenue for accountability for violations of the most serious nature,” she said.
Cruz-Ferrer, who teaches at the Ateneo de Manila University School of Law, stressed that it will boost the government’s efforts to promote human rights.
“It should be emphasized that the complementarity principle under ICC Statute allows for the Philippines to prosecute offenses in the country and ICC will only step in when the country is unable to or refuses to prosecute the offenses,” she explained.
The country’s withdrawal from the Rome Statute took effect in March 2019, one year after the country gave notification of withdrawal.
On Tuesday, Malacanang said the Philippines will not rejoin the ICC, reiterating that the position of President Ferdinand Marcos Jr. on the matter remains unchanged.
In a press briefing in New York City, Presidential Communications Office Undersecretary Claire Castro said the administration maintains its position not to return to the Hague-based tribunal.
“Hindi nagbabago ‘yung stance ng Pangulo – hindi pa rin po tayo magre-rejoin sa ICC (The President’s stance hasn’t changed – we still will not rejoin the ICC),” Castro said during a press briefing.
Since taking office in 2022, Mr. Marcos has repeatedly said that the Philippines will not rejoin the tribunal and has questioned its jurisdiction over the country.
In a separate interview, ICC-accredited assistant to counsel Kristina Conti said the Philippine government should consider rejoining the ICC to promote justice among Filipinos.
Conti told Manila Standard said it will allow ordinary Filipinos to seek recourse for grave crimes committed against them.
“Justice for the grave atrocities committed in the context of the “war on drugs” means a complex array of mechanisms that punish the perpetrators, acknowledge the long-term harms and injuries, and, more importantly, recognize the wrong in public acts,” she said.
The human rights lawyer noted that rejoining the ICC will allow the court to properly and comprehensively conduct investigations in the country.
She explained that it would compel and oblige the Philippines to cooperate and provide government documents, to facilitate access to officials, employees, or individuals, and to assist the investigators in any way possible.
“Considering that there are co-perpetrators identified as part of Duterte’s crimes, the Philippines as a returning member-state will also be required to effect the arrest of any one else [who] may be the subject of further warrants,” she said.
“The Rome Statute, enforced properly and faithfully, is addressed against the most responsible, who are most often the most powerful. Their prosecution is almost unimaginable in our political and legal history,” Conti added.
