Topic: Ramifications of the possible withdrawal of the Philippines from the Rome Statute

The Republic of the Philippines ratified the Rome Statute on 30 August 2011 and the Statute
entered into force from 1 November 2011. After seven years of being a member nation, in 17 March 2018,
the Philippines deposited with the United Nations its written notification of withdrawal from the Rome
Statue on the International Criminal Court (Rome Statute). What is the reason behind the withdrawal of
the Philippines from the Rome Statue? Will the withdrawal have an effect on our country’s justice system?
Is it a yea or a nay?

19 March 2018, the International Criminal Court ("ICC" or "Court") was officially notified by the
United Nations that the Republic of the Philippines had on 17 March 2018 deposited a written notification
of withdrawal from the Rome Statute, the Court's founding treaty, with the United Nations Secretary-
General as the depositary of the Statute. President Rodrigo Roa Duterte explained his decision to
withdraw in a statement that he released to the public, mainly on issues of due process of law, jurisdiction
over the person, supremacy of domestic laws, and allegations of bias against the Prosecutor of the
International Criminal Court.

The preliminary examination of the situation in the Philippines was announced by the Office of
the Prosecutor of the ICC on 8 February 2018. It will analyze crimes allegedly committed in this State Party
since at least 1 July 2016, in the context of the "war on drugs" campaign launched by the Government of
the Philippines. Specifically, it has been alleged that since 1 July 2016, thousands of persons have been
killed for reasons related to their alleged involvement in illegal drug use or dealing. While some of such
killings have reportedly occurred in the context of clashes between or within gangs, it is alleged that many
of the reported incidents involved extra-judicial killings in the course of police anti-drug operations.

A preliminary examination is not an investigation. It is an initial step to determine whether there

is a reasonable basis to proceed with an investigation. It is further discussed in Article 15 par. 3 and 6 of
the Rome Statute of the International Criminal Court. Specifically, under article 53(1) of the Rome Statute,
the Prosecutor, must consider issues of jurisdiction, admissibility and the interests of justice in making
this determination. Thus, due process of law or any other allegations to preliminary examination has not
been violated.

According to Calida,” The Philippine justice system functions independently with or without
membership in the ICC. Hence, the withdrawal of the Philippines from the Rome Statute has no effect on
our justice system.” He also mentioned the investigation and prosecution of drug-related deaths,
incidents, and/or offenses are ongoing in the country. Citing official government statistics, he said that as
of 2018, 49,034 drug-related cases have been filed in court, and 75,327 such cases were pending in public
prosecutor’s offices. I can never oppose to that, yet 49, 034 drug related cases ongoing in 2018 sounds
interesting.

Several local and international organizations and individuals, especially human rights groups,
condemned the withdrawal. The ICC will not be able to do anything to stop the Philippine withdrawal.
Only national authorities can reverse it – either the Duterte administration itself or the Supreme Court.
Thus, the Philippine government has now withdrawn from the Filipino people all of these guarantees
against impunity for the most serious crimes of concern to the international community. Let’s have faith
in our legal system. Those people in power may have won, in our case it is the people who has lost.