ICC can still examine complaint vs Duterte despite withdrawal from Rome Statute: Cayetano

March 15, 2018

The Philippines may be leaving  the International Criminal Court but it does not mean President Rodrigo Duterte are immune from the preliminary examination into the alleged extrajudicial killings arising from its war against illegal drugs, said Foreign Secretary Alan Peter Cayetano in a TV interview Wednesday night.

Duterte announced on Wednesday he would withdraw the country’s ratification of the Rome Statute, the treaty that established the International Criminal Court, due to reported baseless accusations against him by United Nations officials and violation of due process by the ICC.

Cayetano said Duterte's decision to withdraw from the Rome Statute was not meant to avoid the review on the alleged human rights violations because the matter is still considered to be within the ICC’s jurisdiction.

"But to prove that it's not a way of evading or getting away from the consequences or the jurisdiction of ICC... even if we withdrew, ( our actions) are covered when we were a member," Cayetano said.

“Those who are saying that the president is just trying to evade liability, he's not doing it for himself because we still have obligations during that time, it's really for the soldiers and for the police to make a stand to the world that you should not politicize human rights,” Cayetano said,

"You will not be liable only on actions taken after the withdrawal. But before that, you're still liable, but we believe that the president  is protecting the Filipinos," he explained.

Filipino lawyer Jude Sabio, with the backing of opposition Senator Antoinio Trillanes IV and Magdalo party-list Rep. Gary Alejano, filed the complaint against Duterte before the ICC in April 25, 2017 for allegedly committing crimes against humanity due to his bloody war on illegal drugs.

Duterte insisted the killings of drug suspects during the "process of legitimate police operation lacked the intent to kill."

He said the police merely acted in "self-defense," which is a justifying circumstance under the Revised Penal Code, hence, "do not incur criminal liability." DMS