Bongbong Marcos can unilaterally rejoin ICC, says Drilon

MANILA, Philippines— President Ferdinand “Bongbong” Marcos Jr. no longer needs the Senate concurrence to rejoin the International Criminal Court (ICC), former Senate President Franklin Drilon said on Tuesday.

For Drilon, rejoining the ICC is “purely an executive action, given the Senate’s prior ratification of the treaty.”

He was referring to Senate Resolution No. 57, which was passed on August 23, 2011, expressing the upper chamber’s concurrence in the ratification of the Rome Statute — the treaty that established the ICC.

Drilon believes the resolution or the ratification of the treaty “remains valid and in effect.”

“Resolution No. 57, like any other resolution or law, remains legally binding unless specifically repealed,” he said in a statement.

“Its ratification has never been revoked,” the former senator pointed out.

Drilon’s opinion contradicted Senator Ronald “Bato” Dela Rosa’s earlier statement that rejoining the ICC would require the approval of the Senate.

It was in March 2018 when former President Rodrigo Duterte announced the country’s withdrawal from the ICC.

This unilateral withdrawal of Duterte, Drilon said, “sets a precedent for President Marcos.”

“If Duterte could unilaterally withdraw from ICC, President Marcos should similarly have the authority to rejoin the ICC,” said the former senator.

“The situation would have been different if former President Duterte had sought the Senate’s concurrence when the country left the ICC, as that action would have been legally binding and established a precedent,” he stressed.

Drilon also cited other previous executive actions like Duterte’s unilateral termination of the Visiting Forces Agreement in February 2020, only to later reinstate it.