THE PHILIPPINES’ withdrawal from the Rome Statute, a treaty which created the International Criminal Court (ICC), will make the country a “pariah” state, an expert said.

The chief legal counsel of President Rodrigo R. Duterte on Wednesday issued an unsigned statement by Mr. Duterte saying “the Philippines is withdrawing its ratification of the Rome Statue effectively immediately,” referring to the 1998 international proclamation establishing the ICC.

Sought for comment about this development, professor Renato C. de Castro of the International Studies Department of De La Salle University (DLSU) said: “You cannot simply withdraw unless you have the concurrence of the Philippine Senate.”

“We will become a pariah,” added the professor, who is also a trustee of the Stratbase ADR Institute.

The Philippines became a party to the statute in 2011, according to the United Nations’ (UN) website, following the Senate’s concurrence that year.

Mr. Duterte’s statement, as issued by Chief Legal Counsel Salvador S. Panelo, said there was “a concerted effort on the part of the UN special rapporteurs to paint me as a ruthless and heartless violator of human rights who allegedly caused thousands of extrajudicial killings.”

It also said the ICC “prematurely made a public pronouncement of a preliminary examination” on a complaint against Mr. Duterte that he has committed “crimes against humanity” in his war on drugs. Malacañang itself disclosed this development in February.

“The attempt to place me under the jurisdiction of the ICC is (a) brazen display of ignorance of the law. The ICC has no jurisdiction nor will I acquire jurisdiction over my person,” Mr. Duterte’s statement said.

The statement further noted that Article 127 of the statute — on a state’s withdrawal taking effect only a year after the date of receipt by the UN Secretary-General of the said notice to withdraw — “is not applicable…for the reason that there appears to be fraud in entering such agreement.”

“The Philippines…was made to believe that the principle of complementarity shall be observed, that the principle of due process and the presumption of innocence as mandated by our Constitution and the Rome Statute shall prevail; and that the legal requirement of publication to make the Rome Statute enforceable shall be maintained,” Mr. Duterte said in his statement.

But Mr. De Castro said the Philippines cannot simply withdraw from the treaty, “because it has been concurred to by the Senate.”

“So, it also requires the consent of the Senate. The Senate came out with a resolution that all agreements that had been concurred to by the Senate requires that the Senate has to be consulted. That’s the first legal obstacle it faces,” he said.

On the other hand, Senate President Aquilino Martin L. Pimentel III said there is “no” need for the Senate’s revocation of the treaty.

“The power belongs to the President. We are back to the status where we are not a member. Now that we’re withdrawing, we’re back to the situation that the treaty terms are not part of the law of the land,” he added.

Senate Minority Leader Franklin M. Drilon also agreed that the Senate cannot step in the administration’s move to withdraw from the statute.

As stated in the treaty’s rules, only a state — not a parliament or a political party — can withdraw from the ICC.

But Mr. Drilon also noted that the Philippines’ withdrawal from the treaty would not have any effect on the case against Mr. Duterte.

“That is the rule. The ruling as to the continuation of the investigation will be ruled upon by the court itself. I’m sure the government will assert that it is no longer bound by the statutes. That is a legal issue which will now be resolved by the court,” Mr. Drilon said, also citing Article 127 of the statute.

Also, according to Mr. Drilon, there is no existing resolution that requires Senate’s concurrence in all treaty withdrawals.

“I have tried to introduce a resolution before, in February of last year, where I filed Senate Resolution 289, a resolution expressing the sense of the Senate that the termination of or withdrawal from treaties and international agreements concurred in by the Senate shall be valid and effective only upon the concurrence by the Senate. I filed the resolution and it was signed by the majority of the senators; unfortunately, I think it was Senator Manny Pacquiao who objected to it, so it was not passed,” the lawmaker explained. — Arjay L. Balinbin with a report by News5/interaksyon.com

RELATED ARTICLESMORE FROM AUTHOR