(Eagle News)—The Palace on Monday, March 11, said the International Criminal Court would be violating its own rules if it decides to conduct a full-blown investigation into the administration’s drug war.
According to Presidential Spokesperson Salvador Panelo, in the first place, under the law, the ICC “can proceed only when there is a preliminary investigation prior to the withdrawal” of the Philippines from the court.
The Philippines’ withdrawal takes effect on March 17.
Panelo said so far, only a preliminary examination has been conducted of the two communications filed against the war against drugs.
“If they force itself to acquire jurisdiction, it only shows that from the very start talagang hindi dapat pumapasok diyan sa ICC because it’s violating its own provisions,” Panelo said.
Under the Rome Statute that created the ICC, withdrawal from the ICC will “not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate” that were started before the withdrawal took effect.
It also said a country was not exempt from its obligations prior to the withdrawal.
The government has argued the ICC has no jurisdiction over President Rodrigo Duterte, saying it can only come in if domestic courts were no longer functioning.
Duterte has also argued the Philippines has never been a part of the ICC since the Rome Statute which creates it was never published in the Official Gazette, a requirement for a law to become effective.