It's a sorry excuse to justify Dutae's wanton acts of oppression against Filipinos, the hallmark of his administration, in the guise of "the primacy of national internal efforts towards democratic reforms, and never by the imposition of foreign solutions whether in regional or multilateral contexts, including through this Council.”
The Philippines is known for our beautiful beaches, beauty queens and nurses all over the world. Today, we are also known for our mass-murdering president, who espouses "the primacy of national internal efforts towards democratic reforms" as he perpetrates and perpetuates his oppression of the Filipino people.
I cling to the statement of Rachel Chhoa-Howard, Philippines Researcher at Amnesty International:
“While the (Philippine) government’s tactics to delay an international investigation may have worked this time, the moment will come when justice will be done.”
Dutae's human rights violations in the Philippines are bound to continue (if not worsen) and he will simply devote more of our taxes to ensure that his violations are even harder to trace. All this while he receives UN funding for "technical assistance" that is "focused on areas including accountability; data gathering of violations by the police; civic space; counter-terrorism legislation, and a rights-based approach to drug control." Yeah, right. The UN has really failed the Philippines this time.
The report was issued by Fatou Bensouda, the chief prosecutor of the ICC. It found there was “a reasonable basis to believe that the crimes against humanity of murder, torture and the infliction of serious physical injury and mental harm” had taken place. The court will decide in the coming months whether to open a full investigation.
In the meantime,
British barrister Karim Khan has been elected ICC's new chief prosecutor, replacing Fatou Bensouda. Khan is scheduled to start his nine-year term on June 16, 2021. The Philippines hopes that Khan will follow-through on the work of Fatou and proceed with the full investigation of Dutae's crimes against humanity, notwithstanding the UN Human Rights Council's lame decision to extend "technical assistance" to Dutae on the very crimes he has committed.
Thus, it is important to understand how the ICC interacts with the UN (in this case, the UN Security Council) to gauge whether or not the ICC will proceed to open a full investigation of Dutae. To wit:
The Security Council and the ICC may interact in several ways once the Court’s jurisdiction over the crime of aggression is activated (after 1 January 2017):
The Security Council may refer a situation to the ICC, which empowers the ICC to investigate all four crimes under the Rome Statute, including crimes of aggression, without any further conditions (Article 15 ter Rome Statute; Article 13 (b) Rome Statute). The Security Council’s powers under the UN Charter are the legal basis upon which the ICC can investigate such crimes without any consent requirement by the States involved.
Where an investigation is initiated by the Prosecutor proprio motu, or where a situation is referred by a State Party, the Prosecutor must inform the Security Council about the investigation and give the Security Council six months time to determine that an act of aggression has occurred. Where the Security Council makes such a determination, the Prosecutor may then proceed with the investigation regarding a crime of aggression in the same manner as regarding the other three core crimes. If the Security Council makes no such determination within six months, the Prosecutor may only proceed if so authorized by the judges of the Court’s Pre-Trial Division. In other words, there is no requirement for the Security Council to actively determine the existence of an act of aggression or to authorize ICC investigations for the Court to proceed. This solution was possible because Article 15 bis created a consent-based regime and thereby reduced the scope of the Court’s jurisdiction.
The Security Council may also suspend an investigation into a crime of aggression under Article 16 of the Rome Statute for a period of one year. This provision applies equally to all four core crimes under the Rome Statute.
The Security Council’s determination of an act of aggression in accordance with Article 39 is not binding for the ICC. This follows from the due process principles of the Rome Statute and was explicitly confirmed in Articles 15 bis and 15 ter. The Court thus fully retains its judicial independence vis-à-vis the Security Council, as the Court has to make its own assessment as to whether aggression has occurred. (underscore mine)
For the sake of the Philippines, let us hope that Karim Khan/the ICC exercises it's judicial independence vis-à-vis the UN Security Council, proceeds in earnest with the full investigation of Dutae, so that the Filipino people's moment of justice will be done--lest the ICC, like the UN, turn out to be another sorry excuse of an institution.