Manila-New York-The Hague, 17 March 2019

Parliamentarians for Global Action’s (PGA’s) network of 1,350 legislators from 140 countries worldwide expresses profound regret regarding the withdrawal of the Philippines from the Rome Statute, which today entered into force. The Philippines’ withdrawal from the International Criminal Court (ICC) represents a major setback in the fight to achieve accountability for the most serious crimes, preserve the inalienability of basic human rights, and realize justice for victims. In the Philippines, throughout the region, and across the globe, parliamentarians, as democratically-elected representatives of the people, raised their voices to condemn this disappointing development:

Where impunity reigns, the social ethos shatters into pieces. No one benefits from the withdrawal, but future perpetrators of the most heinous crimes of international concern. I am deeply saddened about the entry into effect of this unfortunate decision of the President of the Philippines, who appears to prefer choosing impunity over justice. While this attempt to set a blow to the exercise of international criminal justice over Filipino nationals does not affect the ICC jurisdiction for the crimes committed by today, it does, unfortunately, limit the protection accorded to the Filipino people in relation to future crimes. Hon. Mr. Kula Segaran, MP, Human Resource Minister of Malaysia, PGA Board Member and Convenor of PGA`s International Human Rights Law Program

The ICC plays a crucial role as a permanent international court with the mandate to intervene when the competent national institutions are not able or willing to fulfil their principal duty to bring alleged perpetrators of the serious international crimes to justice. By withdrawing from the Rome Statute, the Philippines encourages disregard for human rights and the repetition of international crimes as the potential perpetrators might act without fear of sanction and with full impunity. Such step will inevitably also have a negative impact on the international perception of the Philippines as a State that replaces the rule of law with impunity. I therefore call upon the Government of the Philippines to take remedial action and ratify a second time the Rome Statute of the ICC.Ms. Barbara Lochbihler, MEP (Germany), Vice-Chair of the Subcommittee on Human Rights at the European Parliament, PGA Board Member and former Convenor of PGA`s International Human Rights Law Program

The entry into effect of the Philippines’ withdrawal from the Rome Statute of the ICC, without the requisite concurrence by the Philippine Senate, dismantles basic protections and guarantees of accountability for international crimes, depriving the Philippines’ population from a guarantee of a culture of justice, legality and human rights as a basis for peace and security. Such action is in violation of the Philippines’ obligation to fully respect the human rights of its citizens under Section 11 of the Constitution of the Philippines. I am disheartened that, notwithstanding our efforts, the Government chose to attempt to shield itself from accountability and withdraw from this crucial international instrument serving to prevent and address the gravest human rights violations. Senator Leila de Lima, former Chair of the Philippine Commission on Human Rights, PGA Member

The withdrawal clearly indicates the unwillingness of the President of the Philippines to address the grave violations allegedly committed by the Governmental sponsored death-squads, while trying to hinder the ICC probe against him and other individuals implicated in the planning and commission of alleged crimes against humanity. In fact, such conduct may be construed as tantamount to self-incrimination. As I, together with our senators, have clearly stated before, the decision to withdraw is unconstitutional. In particular, it was done in violation of domestic procedures that necessitate the concurrence by the Senate which, under the Philippine Constitution, is required to ratify international treaties entered into by the Philippines’ President before they can bind the State. Senator Antonio Trillanes IV, former Chair of the Philippine Senate National Defense and Security Committee, PGA Member

Background on and Legal Ramifications of The Philippines’ Withdrawal from the Rome Statute

Following the opening of a Preliminary Examinations into the situation in The Philippines on 8 February 2018 by the Office of the Prosecutor of the ICC, President Rodrigo Duterte issued a notice of withdrawal from the Rome Statute. President Duterte acted unilaterally – despite a constitutional obligation requiring the concurrence of the Senate of the Philippines before treaties may legally bind the State. Consequently, six opposition Senators, including PGA members Sen. Leila De Lima and Sen. Antonio “Sonny” F. Trillanes IV, filed a petition on 16 May 2018, requesting the Supreme Court of The Philippines to declare the withdrawal "invalid or ineffective" and compelling the Executive to cancel, revoke, or withdraw the notification of the withdrawal, which was deposited on 17 March 2018 to the United Nations Secretary-General. While the hearings concluded in November 2018, the Supreme Court has not yet issued a decision on the merits.

It must be emphasised that withdrawal from the Rome Statute will have no legal effect on the ICC’s jurisdiction to investigate and prosecute grave international crimes committed in The Philippines prior to the withdrawal’s entry into force on 17 March 2019 (regardless of when the Office of the Prosecutor opens a full investigation). Similarly, the withdrawal will have no legal effect on the existing obligations of The Philippines to cooperate fully with the ICC in its proceedings.

Moreover, as the ICC confirmed in its decision regarding the situation in Burundi – the only other State to withdraw from the Rome Statute – that the ICC may exercise its jurisdiction even after the date a withdrawal takes effect, provided that the investigation or prosecution relates to crimes allegedly committed when a State was Party to the Rome Statute.

Consequently, The Philippines remains legally bound by the same obligations as prior to the withdrawal. Further, as clearly stated by PGA members above, withdrawal may have unintended negative repercussions for alleged perpetrators at the highest level of the State’s chain-of-command, if the Prosecutor and the Judges perceive the decision to exit from the Rome Statute system as an effort to evade individual criminal responsibility for grave crimes within the Court’s jurisdiction.