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Malacanang maintains ICC no jurisdiction in PH 

Following the International Criminal Court’s decision to launch an official probe on the Philippines’ war on drugs, Malacanang insisted that the court has no jurisdiction over the country. 

Chief presidential legal counsel Salvador Panelo reiterated the country’s withdrawal from the Rome Statute.

“Nilalabag nila ang ating karapatan, that’s interference into our domestic affairs,” GMA News quoted Panelo as saying. 

The Philippines officially withdrew from the Rome Statute on March 17, 2019.

“The Chamber emphasized that, based on the facts as they emerge at the present stage and subject to proper investigation and further analysis, the so-called ‘war on drugs’ campaign cannot be seen as a legitimate law enforcement operation, and the killings neither as legitimate nor as mere excesses in an otherwise legitimate operation. Rather, the available material indicates, to the required standard, that a widespread and systematic attack against the civilian population took place pursuant to or in furtherance of a State policy, within the meaning of Article 7(1) and (2)(a) of the Statute,” the ICC said. 

Panelo said that the ICC could only conduct an investigation in a country without a working judicial system. 

“‘Yung ating bansa, napakalusog ng judicial system. Alam natin na lahat ng mga kaso na hinahain napo-prosecute, meron tayong process na sinusunod,” he said.

Panelo added that it must be proven that the state is “unwilling” to prosecute suspects before the ICC could enter. 

“At kung willing man ay wala silang kakayahang mag-prosecute,” he said. 

Staff Report

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