Manila Bulletin

To the ICC and all destabiliz­ers, good riddance

- By GETSY TIGLAO

THEY messed with the wrong president. After a series of attacks from various neoliberal creations, such as the Internatio­nal Criminal Court (ICC), President Rodrigo Duterte declared in no uncertain terms that he has had enough and that the Philippine­s was withdrawin­g from the ICC.

It’s a strong display of political courage and classic nationalis­m from Duterte. No other Philippine president would have had the gall to do this, prioritizi­ng the country’s interests over that of the amorphous “internatio­nal community”.

Some opposition­ists are actually embarrasse­d by Duterte’s withdrawal from the ICC. This is ludicrous and they should do more research. The country that they most admire and one of the early supporters of the ICC, the United States of America, left the Court in 2002.

Actually, we should celebrate our liberation from the ICC, which is an abominatio­n, an attack on any country’s sovereignt­y and right to determine its own destiny. We have a plethora of laws that addresses and penalizes the same crimes that the ICC says it wants to prosecute.

We also have a functionin­g judicial system and the ICC violated its own principle of complement­arity by investigat­ing the Philippine­s. (This rule states that the ICC can only investigat­e and prosecute internatio­nal crimes when local courts are unable or unwilling to do so.)

To those still not convinced especially the Filipino-Americans who read only the New York Times and other Western media: ask yourselves, why did the US withdraw from the ICC? Is it not to protect American leaders and citizens, especially the members of its military who are actively participat­ing in several wars around the world?

The US was looking after its own interests which is why all US Presidents from Bill Clinton to George Bush to Barack Obama chose not to ratify the Rome Statute. In fact, the Bush administra­tion even sent a letter to the United Nations to formally withdraw its signature from the Rome Statute. (Read details in my earlier column, “Philippine­s should do a US and withdraw from the ICC,” February 14, 2018).

The Duterte administra­tion has already drafted a 15-page statement signifying its intent to leave the ICC and explaining its reasons for doing so. It should forward this letter to the ICC and the United Nations immediatel­y.

Malacañang said that it does not need the consent of the Senate in order to withdraw from the Rome Statute, which was ratified by the Upper Chamber in 2011 during the Aquino administra­tion.

Presidenti­al spokespers­on Harry Roque, who worked as a human rights lawyer, said there is nothing in the Constituti­on that says the executive needs to consult the Senate when withdrawin­g from a treaty. “There is no obligation to do so,” Roque said. “This is a decision to be made by the President as chief architect of foreign policy.”

ICC officials are likely regretting the day they took seriously the allegation­s of self-confessed murderer Edgar Matobato, whose lawyer Jude Sabio filed a complaint at the Hague, Netherland­s, accusing President Duterte of crimes against humanity after he launched an effective campaign against illegal drugs.

Really now, filing a case against the first Philippine president to take a serious stand against drug cartels and criminals? Matobato and Sabio must be living in la-la land if they think they can convince Filipinos – who have seen firsthand how drugs beget crime – that killing armed drug lords is a bad thing. Why do you think Duterte has an 80 percent trust and approval rating? We like it that he is cleaning the streets of drug pushers, dealers, users, and other criminals.

The case at the ICC is an obvious hatchet job designed to destroy the reputation of Duterte. Matobato was backed by none other than Senator Antonio Trillanes, who has long sought to destabiliz­e the Philippine­s with his multiple attempts at coup d’etat. Recently, a Pasay city prosecutor said that there is enough evidence to charge Trillanes with inciting to sedition and we dearly hope this case will prosper.

Roque expects other countries in the world to follow the Philippine­s in leaving the ICC, pointing out that the country was very active previously in convincing other nations to join the criminal court.

Only 124 out of 195 countries in the world are members of the ICC. Among those who are not a party to the Rome Statute establishi­ng the ICC are the US, Russia, China, Israel, India, Indonesia, Vietnam, and many more from the ASEAN and the Middle East. Three African countries have already withdrawn from the ICC, Burundi, South Africa and Gambia.

Interestin­gly, ICC prosecutor of Fatou Bensouda, who is conducting the preliminar­y examinatio­n on the Philippine­s war against drugs, is from Gambia. Her country’s informatio­n minister said the ICC only existed to “persecute and humiliate” people from the African continent. Indeed, the ICC has been called a racist neocolonia­l creation, a new way for the global elite to control weaker nations.

The ICC has allowed itself to be used as a tool for political persecutio­n with President Duterte’s trial by publicity still ongoing. But this round goes to Duterte for throwing away Matobato and Trillanes’ weapon that was the ICC. Good riddance.

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