By Arjay L. Balinbin

RUSSIA has added its voice to Philippines President Rodrigo R. Duterte’s criticism of the International Criminal Court (ICC).

In his interview with ANC, Russian Ambassador to Manila Igor Khovaev said: “In our assessment, the ICC is not a judicial board. All its activities are highly politicized, and it is used as an instrument to put political pressure on selective governments, on selective countries.”

“We cannot accept [that] certain approach, [and] that’s why my country decided to withdraw from their Rome Statute. I fully understand why your country took the same decision. But as I have just explained, it is up to the Philippine society to make comments, to make assessments, to make steps in this decision. For us, we deeply respect it,” the Russian ambassador added.

On Monday, March 19, International Commission of Jurists (ICJ)) Secretary General Sam Zarifi said in his open letter to Mr. Duterte that the organization “consider(s) that the withdrawal of the Philippines from the Rome Statute would not only be a setback to the protection of human rights in the country, but also send a message that the Philippines is turning its back on the rule of law and international justice.”

The ICJ reiterated that the country’s withdrawal from the Rome Statute “will not remove the ICC’s jurisdiction to conduct a preliminary examination because any conduct being examined will have occurred prior to the date on which the withdrawal would become effective.”

As for Mr. Duterte’s assertion that the Philippines’ ratification of the Rome Statute never took effect because it was never published in the Official Gazette, the ICJ said: “There is in fact ample evidence in the public domain that shows that the Government of the Philippines has understood very well what it would entail to be a State Party to the Rome Statute. In fact, prior to its ratification of the Rome Statute, the Philippines enacted the Republic Act 9851 (or, the Act on Crimes Against International Humanitarian Law, Genocide, and other Crimes Against Humanity).”

“The law was enacted on 11 December 2009 prior to the Philippines becoming a State Party to the Rome Statute. The law set out the obligations of the Government of the Philippines to penalize crimes similarly covered by the Rome Statute.”

The ICJ also explained that “there is no violation of the principle of complementarity” as claimed otherwise by Mr. Duterte and his spokesman, Herminio Harry L. Roque, Jr.

“The Government is correct that the Rome Statute operates in accordance with the principle of complementarity…The conduct of a preliminary examination is entirely consistent with that principle. In fact, it is in part through the preliminary examination process that the Court will determine if it is permissible and appropriate to take jurisdiction and to move towards a full investigation, including on an assessment of the complementarity principle. This will require an assessment of the Government’s efforts to address impunity for alleged extra-judicial killings in the national justice system.”

For his part, Presidential Chief Legal Counsel Salvador S. Panelo said: “Contrary…to the opinion of the ICJ, the decision of the President to withdraw the country from the Rome Statute is based on clear violations of the Constitution and our domestic laws, as well as generally accepted principles of international law. It is only unfortunate that Filipinos who work in the ICJ would rather be on the side of organizations which threaten the sovereignty of our nation than protect the country’s President in promoting the safety and welfare of our citizens.”

The ICJ, Mr. Zarifi said, is an international non-governmental organization, established in 1952 and headquartered in Geneva, Switzerland.

“It consists of some 60 eminent jurists representing different justice systems throughout the world and has national sections and affiliated organizations in all regions of the world.”

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