The Duterte administration should just show good faith and cooperate with the听International Criminal Court (ICC) in its probe into alleged crimes against humanity听since withdrawing from the Rome Statute would not even stop the ICC鈥檚 investigation.
This was the statement of the Commission on Human Rights (CHR)听on Friday听as it听urged the government 鈥渢o face the ICC squarely in the interest of respecting due听process.鈥�
鈥淭he call for the Philippine government is to demonstrate good faith and cooperate in听the processes of the ICC, including the current preliminary examination of allegations听linked to the current administration鈥檚 campaign against illegal drugs,鈥� the CHR said in听a statement.
鈥淩egard for due process also includes accepting that withdrawal from the Rome听Statute does not remove the jurisdiction of the Court on crimes alleged to have been听committed during the time the Philippines is still a State Party,鈥� it stressed, citing听Article 127 of the Rome Statute.
Article 127 of the Rome Statute states that:
A State shall not be discharged, by reason of its withdrawal, from the obligations听arising from this Statute while it was a Party to the Statute, including any financial听obligations which may have accrued.
Its withdrawal shall not affect any cooperation with the Court in connection with听criminal investigations and proceedings in relation to which the withdrawing State had听a duty to cooperate and which were commenced prior to the date on which the听withdrawal became effective, nor shall it prejudice in any way the continued听consideration of any matter which was already under consideration by the Court prior听to the date on which the withdrawal became effective.
搁贰础顿:听
Moreover, the CHR noted that since the ICC was a 鈥渞atified, binding instrument,鈥澨齋enate concurrence is required in withdrawing or terminating treaties.
The commission cited Senate Resolution No. 289, or the 鈥渞esolution expressing the听sense of the Senate that termination of, or withdrawal from, treaties and international听agreements concurred in by the Senate shall be valid and effective only upon听concurrence by the Senate.鈥�
However, presidential spokesman Harry Roque听on Thursday听said 鈥渢here is no obligation to do so,鈥� explaining that the Senate resolution was not yet adopted.
鈥淚s there anything that says听that the Executive needs to consult with the Senate when听we withdraw from a treaty? None,鈥� he said.
搁贰础顿:听
But the CHR stressed that ICC would not find any reason to assume听jurisdiction over 鈥渨hat should otherwise be purely domestic affairs鈥� if the Philippine听government can ably demonstrate genuine respect for human rights.
鈥淩egardless of any treaty, the challenge for the government is to ensure that the听human rights of every Filipino is respected and protected,鈥� the CHR said.
鈥淲e must resist any signs that suggest encouraging impunity and continue to demand听accountability for every instance of human rights violations that threaten the core of听our humanity. In the end, no one is and should be above the law,鈥� it said. /jpv
听