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PNP backs Philippine ratification of int’l criminal court

By Norman Bordadora, Veronica Uy
Philippine Daily Inquirer, INQUIRER.net
First Posted 22:17:00 04/14/2008

Filed Under: Judiciary (system of justice), Human Rights, Agreement (general), Laws

MANILA, Philippines -- (UPDATE) Philippine security officials on Monday expressed support for the Senate's ratification of the Rome Statute that some 10 years ago created the International Criminal Court.

Philippine National Police Director General Avelino Razon said ratification of the treaty would prove the country's commitment to human rights while Army Brigadier General Juanito Cabuyao said the military “would adhere and abide by the treaty if it gets ratified.”

"By ratifying the treaty, the Philippines would be sending a strong signal to the rest of the world that the Philippines is committed to promoting and protecting human rights and human dignity, and that perpetrators of genocide, war crimes and crimes against humanity, have no place in the world," said Razon.

Razon's statement was read by his representative, Senior Superintendent Bernardo Mantele in Monday's roundtable discussion on the international court organized by the Philippine Coalition for the International Criminal Court and attended by the Delegation of the European Commission in the Philippines and other foreign embassies.

"The establishment of the ICC, the first permanent and independent criminal court that can prosecute individuals for genocide, war crimes and crimes against humanity, whether perpetrated by state and non-state armed groups is a welcome development," Razon said.

The Armed Forces was represented during Monday's discussions by Cabayao, who said the military was leaving the matter of the treaty to the country's political leaders.

"The signing of an international treaty whatever its contents, conditions and consequences are political decisions left to the sound discretion between the executive department and the Senate," Cabayao said.

"The AFP, as an apolitical government agency, would adhere and abide by the treaty if it gets ratified as part of the law of the land," said Cabuyao.

But the Army general also noted that the crimes covered by the ICC could be covered by Philippine courts.

"It is worthy to note that the Philippine judicial system, although not a perfect one, has been generally impartial, effective, and independent," he said.

"Our local and appellate courts have been prudent enough in the application of due process in litigating crimes and offenses of various nature," Cabuyao said.

The Philippines in June 1998 signed the Rome Statute -- which allows the trial of war crimes, genocide, and other crimes against humanity -- but almost a decade hence the executive branch had yet to transmit the treaty to the Senate for ratification.

The Arroyo administration appears to balk at having the treaty ratified because of its implications on Filipino troops being hauled off to the ICC.

There is also a perceived US pressure on many countries to refrain from signing the statute as it will supposedly make their troops abroad open to scrutiny by the international court.

"The Defense Department's concern ... was the possible intrusion of the (ICC) into the internal affairs of the nation," said former Akbayan representative Loretta Ann Rosales, one of the movers behind the PCICC.

"What if the military is charged with committing crimes against humanity. How do we defend us?" Rosales said recalling the Department of National Defense's concern over the ICC in the early 2000's.

A good number of leaders of the executive branch and Congress have expressed support for the transmission of the treaty for ratification by the Senate but Malacañang has yet to do so.

The Supreme Court was even asked to compel the executive branch to transmit the statute for ratification but it decided in 2005 that it was within the mandate of the President to refuse to submit a treaty to the Senate.

The representative of the European Union at the roundtable discussion, French Embassy Deputy Chief of Mission Didier Ortolland, said the PNP's indication of support for the Philippine ratification of the Rome statute was welcome.

"It is a positive development," Ortolland said.

Ortolland said 26 out of the 27 member-states of the EU already ratified the statute and have been participants in the international court.

The PCICC also released on Monday its primer on the international court. Copies were given to the PNP, the Armed Forces and the National Defense College for possible integration in their respective training modules.

The Philippines is one of the 120 countries that signed the 1998 Rome Statute creating the ICC. In July 1, 2002, the ICC was established after the required 60 ratifications by the states were met.

Only seven states in Asia ratified the treaty: Cambodia, Timor Leste, Afghanistan, South Korea, Mongolia, Tajikistan, and Japan. The Philippines, Thailand, and Bangladesh have signed the statute but have yet to ratify it.

The United States led seven nations that include China, Israel and Iraq that voted against the treaty in 1998 and has now gathered more than 100 bilateral immunity agreements (BIAs) with its political allies to provide immunity to American soldiers committing war crimes outside US jurisdiction.

The Philippines, one of the staunchest political and security allies of the US, signed the immunity agreement with the US in May 2003, effectively preventing ICC prosecution against US soldiers committing war crimes in the Philippine soil.



Copyright 2009 Philippine Daily Inquirer, INQUIRER.net. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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