MANILA, Philippines – Senator Miriam Defensor-Santiago formally sought Senate concurrence in the ratification of the Rome Statute, which established the International Criminal Court.
In her sponsorship speech, Santiago described the Rome Statute of the ICC as the “most important institutional innovation” since the founding of the United Nations.
She said the Court has jurisdiction over “core crimes” over such as genocide, crimes against humanity, war crimes and the crime of aggression.
“The Court will only act as a court of last resort,” Santiago said.
“This means that the Court acts only in exceptional cases, where a country has failed to bring justice because it is unwilling, or unable to investigate and prosecute those who have the highest responsibility for the most serious crimes of concerns to the international community,” she explained.
If a state becomes a party to the Rome Statue, she said any past leader could be investigated and prosecuted if he commits a core crime, particularly if he is the head of state, member of the national legislature, or a high government official.
“If the state is already investigating or prosecuting its own head of state or similar official, the Court will not intervene. But if the state is unwilling or unable to prosecute, then the country will try the case in the Hague,” she said.
Under the treaty, military officers also assume command responsibility for crimes, or atrocities, committed by forces, under certain conditions.
If the Philippines concurs with the ratification, Santiago said it would be able to influence the development of the Rome Statue of the ICC.
The Philippines would also qualify, she said, to nominate a Filipino as one of the 18 judges of the ICC.
“It will put the Philippines in a better position to protect Filipinos overseas, when they suffer crimes against humanity while working abroad,” said the senator.
By concurring with the Rome Statute, Santiago said, “The Philippines will help the Court to end the culture of impunity, and affirm our position as a leading human rights advocate in Asia.”