After the polls, back to the ICC

After that election where billions were spent and many relationships had been strained or broken irretrievably, we need to refocus our attention on the pending International Criminal Court case against former president Rodrigo Duterte. This is the first time in our history that a former president is standing trial before the ICC.

- Atty. Josephus B. Jimenez

It's important for Filipinos to understand the fundamental principles governing ICC legal procedures. Many netizens are fond of participating in online debates but don't really have a solid grounding on the fundamental law.

First, we need to understand that our country was a signatory and a ratifier to the Rome Statute, and therefore a state party to it. Although the Philippines under then President Duterte withdrew our membership from the Rome Statute, many of the crimes charged against him were allegedly committed when the Philippines was still a member.

Second, under the Rome Statute, crimes against humanity are within its jurisdiction. These are serious violations of human rights as part of a large-scale attack against a civilian population, which includes offenses such as murder, rape, arbitrary imprisonment, enforced disappearances, enslavement, sexual slavery, torture, apartheid, and unjust deportation.

Third, once there is a complaint filed, ICC's Office of the Prosecutor shall determine if there's sufficient evidence of crimes falling under ICC jurisdiction. It also determines if there's a domestic proceedings in the country where the crimes were committed and whether the ICC giving due course to the complaint would better serve the interest of justice.