If the PH appeal is not rejected, victims may be denied the opportunity to uncover the truth, exact accountability, and 'ultimately claim reparation,' the principal counsel argues.
the Philippines’ bid to suspend the ongoing investigation. The Philippines’ actual appeal opposing the probe remains pending before the international court.In her arguments, Massidda said the pre-trial chamber correctly found that the ICC has jurisdiction over the Philippines since the alleged crimes in question happened when the country was still a state party.
On the Philippines’ claim that the pre-trial chamber erred in deciding that the ICC has jurisdiction over the country, Massidda explained that article 12 of the creates a legal situation, where the ICC has jurisdiction over a country, “irrespective of the actual exercise of said jurisdiction.”used by the pre-trial chamber. The provision states that the ICC’s jurisdiction is not affected by a country’s withdrawal from the Rome Statute because “the termination of a treaty does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination.
Expounding on her argument, Massidda used the ICC’s jurisprudence in Burundi, in East Africa. In its prior judgment, the ICC said that by ratifying the Rome Statute, a country accepts the ICC’s jurisdiction and this acceptance “remains unaffected by a withdrawal of the State Party from the Statute.” Massidda noted that if a country’s acceptance of the ICC jurisdiction is determined only at the time the jurisdiction was triggered, many countries could easily evade responsibility by “notifying [their] withdrawal as soon as the Court turns its attention to crimes committed either by nationals of the State concerned or on its territory.”were killed in police anti-illegal drug operations.
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