Metro Manila (CNN Philippines, March 30) — The Philippine government joined other nations in endorsing the declaration of the United States-led Summit for Democracy but disagreed with the line recognizing the importance of the International Criminal Court (ICC).
The Department of Foreign Affairs (DFA) rejected the part of the declaration which acknowledged the “important role played by the ICC as a permanent and impartial tribunal complementary to national jurisdictions in advancing accountability for the most serious crimes under international law.”
According to the DFA, the Philippines’ earlier decision to withdraw from the ICC, which is investigating the Duterte administration’s deadly drug war, was because the court “failed the test of complementarity.”
“The PH government does not recognize the ICC’s jurisdiction and affirms that the PH has the jurisdiction to investigate and prosecute crimes, including those allegedly committed in the context of the country’s anti-illegal drugs campaign,” the department said in a statement dated March 29 but released on Thursday.
In a March 27 decision, the ICC appeals chamber rejected the Philippines’ request to suspend its drug war probe pending resolution of Manila’s main appeal against the resumption of the investigation.
Despite this, Solicitor General Menardo Gueverra said the government will still refuse to cooperate with the international court due to disagreements over jurisdiction and admissibility issues.
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Meanwhile, the DFA stressed its view that dialogues and platforms on human rights must not be “politicized and targeted” against specific countries.
Instead, these should be “constructive, inclusive, and directed at delivering meaningful, long-lasting solutions,” the department said.
Speaking at a plenary session for the summit, President Ferdinand Marcos Jr. also told world leaders that his administration will only take part in global engagements that recognize Philippine sovereignty.
“The Philippines will continue to engage countries bilaterally and in international platforms on issues concerning democracy, human rights, and good governance, as long as these engagements are constructive, based on facts, and respectful of Philippine sovereignty,” Marcos said in a video message, as quoted by Malacañang in a press release.
The president also reiterated that the rule of law prevails in the Philippines and that its criminal justice system is fully functioning.
“We continue to improve mechanisms such as the AO35 inter-agency committee to enhance accountability. The Philippines’ commitment to fight impunity for atrocity crimes is solid and unwavering, notwithstanding the withdrawal of the country from the Rome Statute,” he said.
“We have vigorously exercised our jurisdiction to investigate and prosecute crimes, including those allegedly committed in the context of the anti-illegal drugs campaign,” the chief executive added.
The Philippines is no longer a member of the ICC after it withdrew from the Rome Statute during the Duterte administration, and effective 2019. However, the tribunal previously explained that it retains jurisdiction over alleged crimes committed while a country was still a member.
The democracy summit was convened by the US alongside co-host countries Costa Rica, South Korea, The Netherlands, and Zambia.
According to Marcos, the meeting “affirms the solidarity of nations bound by values of democracy and sends a powerful message of our collective will to bring about the best of peoples and societies empowered by freedom.”
