(Eagle News)—Despite the Philippines’ official withdrawal from the International Criminal Court, the tribunal’s probe of the situation in the country will continue.
This is according to prosecutor Bensou Fatuoda, who made the announcement in the tribunal Twitter account a day after the Philippines’ exit became official.
“My Office’s independent and impartial preliminary examination into the situation in the Philippines continues,” she said.
The preliminary examination stems from the two communications filed by critics, led by Senator Antonio Trillanes IV, of President Rodrigo Duterte’s drug war.
Trillanes’ group had alleged the war had killed thousands, and led to extrajudicial killings in the country.
“Pursuant to article 127.2 of the Statute, and based on prior ICC ruling in the situation in Burundi, the court retains its jurisdiction over crimes committed during the time in which the State was party to the Statute and may exercise this jurisdiction even after the withdrawal become effective,” Fatuoda had argued.
But the Palace said it would deny entry to ICC prosecutors should they decide to push through with the probe, which it deems an affront to the Philippines’ sovereignty.
President Rodrigo Duterte added the Rome Statute, which creates the ICC, never took effect in the country as it was never published in a newspaper of general circulation nor in the Official Gazette, which is required of any law for it to take effect.
The Palace also cited the principle of complementarity, which said international courts can only probe war crimes, allegations of genocide, among others, if domestic courts cannot do so.