MOSCOW (Pakistan Point News / Sputnik - 16th March, 2021) The petition questioning the validity of the Philippines' unilateral withdrawal from the International Criminal Court (ICC), initiated by President Rodrigo Duterte in 2018 amid ICC probes into human rights violations committed by the government during its war on drugs, was dismissed as 'moot' by the country's Supreme Court, the Rappler news portal reported on Tuesday citing knowledgeable sources.
According to the news portal, the petition was filed by the members of the Senate who claim that the withdrawal should not be valid, as the Senate did not ratify it.
The sources told Rappler that the court's decision to dismiss the petition was unanimous due to uncertainties and theoretical difficulties. However, the court agreed to provide clarifications regarding the rules and processes of unilateral withdrawal of the country from treaties.
"The decision acknowledged that the President, as the Primary architect of foreign policy, is subject to the Constitution and existing statute," Brian Keith Hosaka, a court's spokesman, was cited by Rappler as saying.
In practice, this should mean that the president's power to withdraw unilaterally should be limited by the Senate or existing regulations.
The 100-page document detailing the ruling will be reportedly published later.
In December 2020, the ICC announced that it found a "reasonable basis to believe" that crimes against humanity were committed during Duterte's war on drugs. The Supreme Court's ruling will have no effect on the impending decision of the ICC whether to open the formal investigations into the situation in the Philippines or not. Under the Rome Statute, the ICC is allowed to continue with the proceedings even after a member state's withdrawal.
