The need for justice and the rule of law to prevail amidst allegations of impunity cannot hide under the veil of threat to withdraw from the Rome Statute.
The Commission on Human Rights believes that if the Philippine government can ably demonstrate genuine respect for human rights, as well as working mechanisms that ensure that perpetrators are brought to justice and there is recourse for victims under our justice system, then international human rights bodies will find no reason to assume jurisdiction over what should otherwise be purely domestic affairs.
The Philippines has been at the forefront of advancing international justice. Declarations to withdraw from the International Criminal Court (ICC) constitute a step-back in our commitment to address impunity locally and elsewhere in the world.
The call for the Philippine government is to demonstrate good faith and cooperate in the processes of the ICC, including the current preliminary examination of allegations linked to the current administration’s campaign against illegal drugs. The rational thing for the government to do is to face the ICC squarely in the interest of respecting due process.
Regard for due process also includes accepting that withdrawal from the Rome Statute does not remove the jurisdiction of the Court on crimes alleged to have been committed during the time the Philippines is still a State Party (Article 127, Rome Statute).
Considering that the ICC is a ratified, binding instrument, Senate concurrence is also required in withdrawing or terminating treaties. Hence, an unsigned statement of withdrawal from the President alone is not sufficient for such declaration to take effect.
Regardless of any treaty, the challenge for the government is to ensure that the human rights of every Filipino is respected and protected. We must resist any signs that suggest encouraging impunity and continue to demand accountability for every instance of human rights violations that threaten the core of our humanity. In the end, no one is and should be above the law. ■