IN his recent privilege speech in the Senate on Monday, August 12, Senator Ronald “Bato” Dela Rosa raised concerns over the implications of the International Criminal Court’s potential actions on the sovereignty of the Philippines. The senator emphasized the need to uphold national sovereignty and protect the country’s citizens, particularly in light of recent conflicting statements from key government officials. Dela Rosa’s speech underscores a growing tension that could potentially lead to a constitutional crisis.
The crux of the issue revolves around the Philippines’ withdrawal from the ICC on March 16, 2018, and its subsequent legal ramifications. He pointed out that “the day after, the United Nations received the formal notification from the Philippine government, thereby making the withdrawal effective.” The ICC, though, on January 26, 2023, authorized the ICC Prosecutor to resume the investigation, stating that “While the Philippines’ withdrawal from the Statute took effect on 17 March 2019, the Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party, from 1 November 2011 up to and including 16 March 2019.”
Dela Rosa pointed out that, despite the ICC withdrawal, the Supreme Court has affirmed that the country’s judicial system is capable of protecting human rights independently. This assertion challenges the necessity of rejoining the ICC, a position maintained by President Ferdinand “Bongbong” Marcos Jr., who has expressed concerns over issues of jurisdiction and sovereignty.
However, according to Dela Rosa, the recent pronouncements by Justice Secretary Jesus Crispin Remulla and Solicitor General Menardo Guevarra have muddied the waters and raised alarms about the consistency of the government’s position on the matter and the potential consequences for the country’s sovereignty. He perceived their statements as contradictory to the President’s stance, suggesting a potential openness to cooperation with the ICC.
Dela Rosa pointedly questioned whether these officials are challenging the President’s policy, warning of the dangers such mixed messages could pose. He argued that allowing any cooperation with the ICC could undermine the rule of law in the Philippines and expose law enforcement officers to legal risks.
This situation, as Dela Rosa frames it, is not merely a legal or diplomatic issue but a question of national sovereignty. He invoked the American Service-Members Protection Act as a model for how a nation can protect its citizens from international overreach, suggesting that the Philippines might need to adopt similar measures.
As the situation unfolds, the government’s response will be crucial in determining whether the Philippines can navigate this complex issue without compromising its sovereignty.
