PH rejoining ICC? Nothing is impossible, solons say

MANILA, Philippines — Nothing is impossible with the Philippines’ possible membership to the International Criminal Court (ICC), as a lawmaker noted that the government can rejoin the Rome Statute just like how former president Rodrigo Duterte withdrew from it.

Isabela 6th District Rep. Faustino Dy V said on Thursday that while it will be up to President Ferdinand Marcos Jr. on whether or not the country will rejoin the ICC, based on his appreciation of the briefing from the Department of Justice (DOJ), he is sure Marcos would meticulously review possibilities.

“I think our beloved President needs to know the situation, what is the information (surrounding ICC) that would be given by the DOJ in its briefer, and then the President can decide on what to do with this piece of information. One thing is certain, our President will decide — he is very meticulous — based on information and options given to him,” Dy told reporters in a briefing.

“Our former President [Duterte] has unilaterally withdrawn from the Rome Statute.  There’s also a possibility that we can unilaterally enter into that same statute if we’ve unilaterally withdrawn from it before. So, definitely, nothing is impossible. So, it’s up for our President BBM to decide on how to proceed once he has all the information,” he added.

Dy said this after the DOJ on Wednesday said it was preparing a briefer for the President so he could weigh in on several options in case the ICC issues a warrant against Duterte and his former officials facing complaints before the international court.

Duterte and several past administration officials are facing crimes against humanity complaints due to the drug war, and progressive groups and relatives of victims believe that human rights were abused in implementing the program.

READ: Gov’t prepares briefer in case ICC issues warrant vs Duterte, others

Manila 1st District Rep. Ernesto Dionisio Jr. also said that nothing is impossible now with regard to ICC membership.

“Well, for me, just like how it was reported — that the Department of Justice is preparing — I think this is just a study for our President to read.  [But] nothing is impossible, in my humble opinion.  It’s basic logic that if you see a valid reason for change, I think this can happen,” Dionisio said.

“But as of now, nothing has happened. I think the President will be stern with this previous statement regarding his previous stand regarding the ICC,” he added.

President Marcos has been adamant that the Philippine government would not extend any help to the ICC and its prosecutors, adding that former President Duterte would not be turned over to the international court.

Marcos maintained in the past that the ICC must only come into the Philippine scenario if the justice system is no longer functioning.

However, the Chief Executive also said in November 2023 that the Philippines is still studying options and a possible return to the ICC.

READ: Bongbong Marcos: Gov’t studying possible return to ICC

It was Duterte who pulled out of the Rome Statute — the treaty that created the ICC — in 2018.  The withdrawal took effect a year later.

According to the former leader, there seems to be a “concerted effort” between the United Nations special rapporteurs and the ICC special prosecutor to paint him as a “ruthless and heartless violator of human rights who allegedly caused thousands of extrajudicial killings.”

Despite the withdrawal, the ICC maintains that they have jurisdiction over the complaints filed against Duterte and his allies, because they were filed, and covered a period before the withdrawal from the Rome Statute.