THE Philippines's mended ties with China would not be strained by the move of former Philippine officials to file a communication against Chinese President Xi Jinping before the International Criminal Court (ICC), President Rodrigo Duterte said Thursday, March 21.
Duterte made the remark after two former high-ranking Philippine government officials have filed a case against Xi before the ICC for Beijing's supposedly aggressive militarization of the contested South China Sea.
On behalf of Filipino fishermen "persecuted and injured" by China's massive island-building and occupation of islands in the South China Sea, former Foreign secretary Albert del Rosario and former Ombudsman Conchita Carpio-Morales filed the communication against Xi.
Del Rosario and Carpio-Morales accused Xi and other Chinese officials of committing crimes against humanity for implementing Beijing's "systematic plan to control the South China Sea."
On the sidelines of an event in Taguig City, the President said he respects the decision of the two erstwhile government officials to challenge China's relentless reclamation activities and military build-up in the disputed waters.
Duterte, however, was confident that the filing of the communication against Xi would not affect the improved relations between China and the Philippines.
"They are entitled to file the case. They are Filipino citizens. And I think we'll just also have to defend our position vis-a-vis sa kanila (against them). If they think they have a good case, and I would say there is no jurisdiction over this country and of China, mas lalo na sa China (especially in China). We'll just go along that line -- jurisdiction," he said.
"No. I'm sure they don't. The Philippines is a democratic country and anybody can bring a suit against anybody," the President added, when asked if the filing of the communication would jeopardize the relationship between the two countries.
Del Rosario was the top Philippine diplomat when the country filed an arbitration case against China's expansive claims over the South China Sea before the Hague-based Permanent Court of Arbitration.
In July 2016, the arbitral court ruled in favor of the Philippines, invalidating China's extensive claims to the South China Sea.
Duterte, however, has repeatedly refused to invoke the arbitral ruling and instead opted to seek a peaceful engagement with Beijing with regard to the long-standing sea row.
China is not a party to the Rome Statute, a treaty that creates the ICC, but the communication stated that the ICC can exercise jurisdiction over China for its "atrocious actions" in the South china Sea, particularly within Philippine territory.
The communication was submitted to the ICC on March 15, or two days before the Philippines's withdrawal from the Statute which took effect on March 7.
The Rome Statute provides that the court still has jurisdiction over crimes committed during the period that the Philippines was a member, which was from November 1, 2011 to March 17 this year.
"Though widely publicized, these atrociously inhumane actions of Chinese officials in the South China Sea and within the Philippine territory remain unpublished, and it is only the ICC that can exact accountability on behalf of Filipinos and the international community, respecting the rule of law," the communication read.
"The Court can exercise its jurisdiction over these crimes, even after the effectivity of the Philippines' withdrawal, and we respectfully reserve our right to supplement this Communication with additional evidence that may come to light or arise in the future," it added.
Duterte, however, believed otherwise, saying the communication might not prosper since the ICC has no jurisdiction over China neither over the Philippines.
"Whether or not it would prosper, or whether or not we have the jurisdiction, that's something else. Remember, China is not a member of the ICC," he said.
"Dito (Here), we were never, we did not withdraw because there was no law at all because of the flawed that it violated the Constitution. Publication of the law is very important so that the people would know that there is such a law... They tried to acquire jurisdiction over my person but they forgot to publish the law," Duterte added. (SunStar Philippines)