Metro Manila (CNN Philippines, December 1) — The International Criminal Court (ICC) prosecutor should have used the one-year grace period from the filing to the effectivity of the Philippines’ withdrawal from the tribunal to request the probe into the Duterte administration’s drug war for it to be legal, the solicitor general said Friday.
“‘Yung one-year period provides the opportunity for the ICC prosecutor to commence his investigation bago mag-take effect ‘yung withdrawal… pang balance ‘yun,” Solicitor General Menardo Guevarra told CNN Philippines’ The Source.
[Translation: The one year period provides the opportunity for the ICC prosecutor to commence his investigation before the withdrawal takes effect… it’s for balancing.]
In the case of the Philippines, Menardo said the ICC failed to do so.
Former ICC Prosecutor Fatou Bensouda sought authorization from the pre-trial chamber in May 2021 to start an investigation into crimes against humanity allegedly committed in the Philippines between Nov. 1, 2011 and March 16, 2019 in relation to the anti-drug campaign. This was approved in September 2021.
Former President Rodrigo Duterte notified the ICC about the Philippines’ withdrawal in 2018. It took effect in 2019.
With this, Menardo maintained that the ICC no longer has jurisdiction over the country.
He also cited the case of Burundi, whose withdrawal took effect on Oct. 27, 2017, but the authorization to investigate alleged crimes against humanity there was approved on Oct. 25, 2017. This means the tribunal still has jurisdiction over the African nation.
