March 07, 2011 | Manila

PGA Members in the Senate of the Philippines worked together with the Government and organized civil society, coordinated by the Philippines Coalition for the ICC, to facilitate a visit of the President of the ICC to the Senate in Manila, an event that was identified as instrumental to triggering the decision of President Benigno Aquino III of The Philippines to transmit the Instrument of Ratification of the Rome Statute which he recently signed to the Senate for its concurrence, in accordance with the Constitution of The Philippines.

The Philippines signed the Rome Statute in December 2000, but the previous Administration, under President Gloria Arroyo, decided not to proceed with ratification of the treaty.

The two PGA Members who have played a leading role in The Philippine's ICC process are Senator Miriam Defensor-Santiago - who called for ratification at the Gender Justice Panel of PGA's 32nd Annual Forum in Istanbul (Oct. 2010) and had sponsored the 2009 Legislation criminalizing genocide, crimes against humanity and war crimes into National Law - and Senator Loren Legarda, Chairperson of the Foreign Relations Committee and founding member of the PGA's Consultative Assembly of Parliamentarians for the ICC and the Rule of Law in 2002 along with former MP Ms. Etta Rosales, recently appointed Chair of the National Human Rights Commission of The Philippines.

Judge S.H. Song, President of the ICC, was invited by Senator Legarda to brief the Members of the Foreign Relations Committee at 10:30am on Monday 7 March 2011. In his briefing, Judge Song highlighted the important principles of non-retroactivity and complementarity enshrined in the Rome Statute, the significantly improved relations between the Court and the United States in recent years, and expressed his pleasure at hearing that the President of the Philippines had signed the Bill of Ratification of the ICC on 28 February 2011. Judge Song then proceeded to encourage the Senate to give its concurrence to the Instrument of Ratification sooner rather than later as this would be advantageous, inter alia, in terms of improving the prospects of potential Filipino candidates for both the Court and also for the positions of Deputy Prosecutor and Chief Prosecutor later in the year.

Senator Loren Legarda recalled how she had been an early supporter of ratification of the Rome Statue of the ICC by the Philippines, going back to 1999. She also recalled fondly her participation in PGA's Consultative Assembly of Parliamentarians on the ICC and Rule of Law in Ottawa, Canada in 2002. Senator Legarda concluded her remarks by undertaking to set up a special Sub-Committee of the Foreign Relations Committee to review the matter, to be chaired by Senator Miriam Defensor Santiago, former Chair of the Committee. Senator Legarda also undertook to ensure that all deliberations would be concluded and that full Senate concurrence with the Instrument of Ratification would be forthcoming at the latest by 8 June 2011, the end of the current Senate session. (Senator Miriam Defensor Santiago later indicated informally to PGA that it was her hope that the matter could be finalized, if at all possible, within the next month and did not anticipate any hurdles).

On learning of the news that President Aquino had signed the ICC Bill or Ratification, Senator Defensor Santiago remarked 'I will deliver the sponsorship speech at the Senate plenary session, as soon as President Aquino officially transmits to the Senate his ratification of the Rome Statute. It is a foregone conclusion that the Senate, under the Philippine Constitution, will immediately concur with the ratification. This ratification caps seven years of our fight for the Philippines to join the International Criminal Court. We Filipinos are proud that now we finally enlist among the ranks of those who fight against the culture of impunity in the commission of crimes against international humanitarian law'

Meeting of Judge Song, President of the ICC with President of Philippines, H.E. Benigno Aquino III, Senior Government Civil Servants, and CICC & PGA Delegation - 7 March 2011 (2:00 pm)

Judge S.-H. Song spoke about mankind's painful experience with impunity and the need to ensure that individuals who may commit the most serious crimes should be brought to justice. He stressed that 114 countries have already become members of the Court's system, and reaffirmed his wish to see the Philippine as its newest member. 'You do not even have to persuade me to join the Court', a joyful President Aquino III told Judge Song. 'In fact, I have already sent the Rome Statute to our Senate for its concurrence.'

A number of questions were posed to Judge Song including the concern that the Court, in deciding whether a country was unwilling or unable to investigate or prosecute, might not be entirely objective in its deliberations. Judge Song noted that to date there had been no evidence of any kind to suggest the Court might act with improper motivations and that, also, any decision by the Prosecutor to initiate a case 'proprio motu' was subject to Pre- Trial Chamber's independent review.

Acknowledgment of Judge Song, President of the ICC before the full plenary of The Senate of the Philippines - 7 March 2011 (3:15pm)

In the presence of the members of the Senate of the Philippines - Judge Song was officially recognized and acknowledged. A number of Senators subsequently approached Judge Song to greet and congratulate him.

For more information on PGA's involvement in the ICC process in The Philippines, please contact Peter Barcroft, Senior Program Officer, International Law & Human Rights Program, PGA at peter.barcroft@pgaction.org