Lecture Notes on the International Criminal Court and the Philippines

Introduction

• The International Criminal Court (ICC) and the Rome Statute prioritize national sovereignty and do not interfere with local justice systems unless necessary.
• The concept of complementarity: ICC steps in only if local justice systems fail.

Philippines and the ICC

• Timeline of Events:
  • February 2018: Preliminary examination (Stage 1) began.
  • March 2019: Philippines' withdrawal from the ICC took effect.
  • September 2021: ICC opened an investigation (Step 2).
  • January 2023: ICC pre-trial chamber sided with the prosecutor to reopen the investigation.
• Withdrawal Clause: Rome Statute allows processes to continue post-withdrawal if initiated before the withdrawal.

Legal Arguments and Challenges

• Deferral Request: Duterte's administration sought deferral by proving local judicial competence.
• Same-Person, Same-Conduct Test: ICC requires local investigations to match the ICC's scope.
• The Philippines did not meet this standard, leading to ICC’s continued jurisdiction.

Recent Developments

• New Government's Actions:
  • President Ferdinand Marcos Jr.'s administration hired international legal expertise.
  • Legal challenge presented to the appeals chamber was rejected by a 3-2 vote.

Appeals and Jurisdiction

• Appeal Argument: Withdrawal should void ICC jurisdiction if it occurs before Step 2.
• Appeals Chamber Decision: Rejected the appeal due to procedural timing issues.
• Dissenting Opinion: Two judges agreed that post-Step 1 withdrawal should end ICC jurisdiction.

Implications and Future

• Marcos' Decision: Ceased engagement with the ICC, no more pending appeals or actions.
• ICC Perspective: Lack of government cooperation could indicate unwillingness to pursue justice.

Conclusion

• Impact on Victims: A dual-path for justice; ICC continues if local systems fail.
• Political Dilemma for Marcos: Balancing national legacy and international reputation.
• Global and Domestic Attention: Both Filipino citizens and the international community are closely monitoring the proceedings.