President Rodrigo Duterte today announced the withdrawal of Philippines from the Rome Statute of the International Criminal Court (ICC).
“Given the baseless, unprecedented and outrageous attacks on my person as against my administration, engineered by the officials of the United Nations, as well as the attempt by the International Criminal Court special prosecutor to place my person within the jurisdiction of the International Criminal Court, in violation of due process and the presumption of innocence expressly guaranteed by the Philippine Constitution and recognized no less than by the Rome Stature,” President Duterte said in a statement released today.
“I therefore declare and forthwith give notice, as the President of the Republic of the Philippines, that the Philippines is withdrawing its ratification of the Rome Statute effective immediately,” he stated.
He also added that Article 127 of the Rome Statute prescribing that withdrawal from the statute will take effect one year from receipt of notification is not applicable because “there appears to be fraud in entering such agreement.”
“The Philippines in ratifying the Rome Statue 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,” he explained.
In February 2017, 13 senators signed Senate Resolution No. 289 authored by Senator Franklin M. Drilon. The resolution states that “a treaty or international agreement ratified by the President and concurred in by the Senate becomes part of the law of the land and may not be undone without the shared power that put it into effect.”
Article VII, Section 21 of the Constitution states that “no treaty of international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate.”
Sources: http://www.senate.gov.ph/press_release/2017/0213_drilon1.asp; https://twitter.com/JhoannaBINQ/status/973804279264890880