CLAIM: The International Criminal Court (ICC) cannot investigate countries that withdrew its membership.
RATING: False
Reelectionist senator Ronald “Bato” Dela Rosa has falsely claimed that the International Criminal Court (ICC) has no jurisdiction over the Philippines, arguing that the country withdrew in 2019 from the treaty that created the body.
“[The] ICC has no jurisdiction over the Philippines. Very clear. Article 127 ng Rome Statute, sinasabi doon hindi maabswelto ang Pilipinas sa mga pangyayari na sakop doon sa panahon na tayo ay miyembro. But, itong mga imbestigasyon na ito ay dapat nag-commence before tayo [umalis], before nag-effect ‘yong ating withdrawal,” Dela Rosa claimed in a senatorial forum hosted by GMA Network on Feb. 1.
Dela Rosa’s statement was in light of the question about the recommendations of the House quad-committee in December to make him and former president Rodrigo Duterte accountable for their anti-drug operations popularly known as “Oplan Tokhang.”
The ICC launched an investigation into the Philippine war on drugs in February 2018, but the country withdrew its membership a month later. This withdrawal took effect in 2019, following Article 127 of the Rome Statute, a treaty establishing the ICC.
In a press release last Jan. 27, Dela Rosa questioned the jurisdiction of the ICC in the Philippines, saying that the ICC’s request to permit their investigation exhibited their lack of power in the country.
However, Article 54 of the Rome Statute listed methods for a prosecutor to launch its investigation, which include: “collecting and examining evidence, requesting the presence of and questioning persons under investigation, and entering into arrangements or agreements to ensure cooperation,” as stated in a fact-check article from the University of the Philippines (UP) Law Center Institute of International Legal Studies.
Based on Article 127 of the Rome Statute, investigations can still be done despite the withdrawal. The article states that a country’s withdrawal from the statute: “shall 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 and which were commenced prior to the date on which the withdrawal became effective.”
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