By Franklin M. Drilon
Former Senate President
I strongly support the resolution filed by Sen. Risa Hontiveros, urging the Marcos administration to collaborate with the International Criminal Court (ICC).
A close collaboration with the ICC is important as a means to uphold the Philippines’ commitment to promoting human rights and justice.
I laud and support Senator Hontiveros’ resolution. We must adhere to our international legal obligations.
Former President Duterte may have successfully and unilaterally closed the door to the ICC, but President Marcos now has the power to unlock it.
In the ruling of the Supreme Court in the case of Pangilinan v. Cayetano, the Court asserted that a withdrawing state remains obligated to fulfill its obligations under the ICC Statute, including financial commitments and cooperation in ongoing investigations and proceedings.
Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.
President Ferdinand Marcos Jr. has the legal authority to allow the Philippines to rejoin the ICC without the need for Senate concurrence.
In my view, the concurrence of the Senate is not necessary for the Philippines to rejoin the ICC. The Philippines can rejoin the ICC without returning to the Senate. The President can rely on the original resolution or ratification, as it remains valid and in effect.