Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
Justice For the Dead: Duterte’s Withdrawal
from the International Criminal Court
Submitted by:
Aznar, Daniel Gareth C.
Concrenio, Maria Catherine D.
Feruelo, Ian Joshua
Moñge, Carlos Den Mark B.
Serrano, John Marcly Clayne
Submitted to:
De Leon, Rosierro O.
Faculty
Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
CHAPTER I. EXECUTIVE SUMMARY
CHAPTER II. BACKGROUND
In March 2018, the International Criminal Court (ICC), the only permanent
court with the power to investigate allegations of war crimes, crimes against
humanity, and genocide, decided to terminate its relationship with Philippine
President Rodrigo Duterte. The announcement follows the opening of a
preliminary investigation by the ICC into Duterte's ruthless drug war, which led to
the extrajudicial murders of thousands of people suspected of being drug dealers
and users.
The conducted investigation made by the International Criminal Court
(ICC) into Duterte’s war on drugs, has been numerous reports that appeared and
showed a pattern of widespread, systematic human rights breaches. In line with
this extrajudicial executions, torture, and arbitrary detention that has been in
Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
Duterte's campaign have been expressed by human rights organizations
regarding President Duterte’s drug war’s apparent disregard for the law and due
process and widespread criticism has a result of this. The issues addressed by
these organizations have become even more pertinent given that the majority of
the victims of this campaign come from underprivileged and marginalized areas.
In September 2021, the International Criminal Court officially started an
investigation into extrajudicial killings carried out by Philippine police. Despite
President Rodrigo Duterte's administration's insistence that such an inquiry is
unnecessary and outside the jurisdiction of the tribunal, a successful
investigation and subsequent prosecutions could put an end to the near-total
impunity for serious human rights violations that have been committed in the
Philippines for years.
The International Criminal Court was established to investigate, prosecute,
and decide on cases involving accusations of crimes against humanity, genocide,
war crimes, and crimes against peace. Rape, forced sexual servitude, enforced
disappearances, and apartheid are all considered crimes against humanity by the
International Criminal Court (ICC). Despite the Philippines' most recent departure
from the Rome Statute, the International Criminal Court (ICC) has officially
proclaimed its determination to continue its ongoing investigation. The
International Criminal Court (ICC) has made it clear that it would not waver in its
Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
determination to bring to justice anyone who is found to be liable for crimes
committed within the Court's purview, including those that took place in the
Philippines. Such actions are also prohibited by domestic law under Republic Act
9851, sometimes referred to as the Philippine Act on Crimes Against
International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
References:
Morallo, A., & Romero, A. (2018). Duterte announces Philippines’ withdrawal
from ICC. Philstar.com.
https://www.philstar.com/headlines/2018/03/14/1796688/duterte-
announces-philippines-withdrawal-icc
The Diplomat. (2021, August 13). Duterte Vs the International Criminal Court.
https://thediplomat.com/2021/08/duterte-vs-the-international-criminal-
court/
Christ, K. (2022, January 28). The ICC Investigation and Accountability in the
Philippines - Georgetown Journal of International Affairs. Georgetown
Journal of International Affairs.
https://gjia.georgetown.edu/2022/01/28/the-icc-investigation-and-
accountability-in-the-philippines/
Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
CHAPTER III. CASE EVALUATION
The present case study delves into the decision-making process of
Philippine President Rodrigo Duterte to withdraw his country from the
International Criminal Court (ICC). This decision has been a subject of intense
scrutiny and debate, given the implications it holds for the Philippines'
relationship with the international community and its commitment to upholding
international law. As such, this study aims to provide a comprehensive
examination of the factors that influenced President Duterte's decision and the
potential consequences of this move for the Philippines and the ICC. The present
analysis aims to comprehensively evaluate the multifaceted legal, political, and
human rights implications that have arisen because of President Duterte's
decision to withdraw the Philippines from the International Criminal Court (ICC).
To achieve this objective, the arguments put forth by supporters and critics of this
choice will be carefully considered and analyzed. The objective is to provide a
nuanced and thorough understanding of the complicated issues at stake and to
illuminate the potential effects of this choice for the Philippines and the larger
international community.
1. Legal Considerations:
Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
a. International Obligations
In terms of legal considerations, it is important to note that the
Philippines has assumed international obligations as a member of the
International Criminal Court (ICC) since 2011. As a result, the country is
legally bound by the provisions set forth in the Rome Statute, which
outlines the jurisdiction, functions, and structure of the ICC. This
membership entails a commitment to uphold the principles of international
law and to cooperate with the ICC in the investigation and prosecution of
crimes within its jurisdiction. The decision to withdraw has elicited inquiries
regarding the nation's dedication to fulfilling its international responsibilities
and the potential ramifications on its reputation within the international
sphere.
b. Domestic Legal Framework
The assessment of the legal foundation for President Duterte's
decision to withdraw from a particular agreement is of utmost importance
when considering the domestic legal framework. It is imperative to
thoroughly scrutinize the legal basis underpinning the withdrawal in order
to gain a comprehensive understanding of the implications of such a
move. The Constitution of the Republic of the Philippines confers upon the
Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
President the power to engage in the negotiation and conclusion of
treaties, subject to the procedural prerequisites for withdrawal. However,
the crux of the matter pertains to the procedural requirements that must be
satisfied in order to effectuate a withdrawal from a treaty. The evaluation
of whether appropriate legal protocols were adhered to assumes
paramount significance in ascertaining the legitimacy of the withdrawal.
2. Political Implications:
a. Sovereignty and National Interest
The political implications of President Duterte's decision to withdraw
from international organizations have been a topic of debate. One of the
primary arguments put forth by supporters of this move is that it serves to
safeguard the sovereignty of the nation and reinforces its independence
from external entities. The notion of sovereignty has long been a
cornerstone of political theory, and the decision to withdraw from
international organizations can be seen as a manifestation of this
principle. Additionally, proponents of this decision argue that it aligns with
the national interest of the Philippines, as it allows the country to chart its
own course without being beholden to the agendas of external actors. This
perspective highlights the importance of autonomy and self-determination
Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
in shaping a nation's political trajectory. The individuals in question assert
that the investigations conducted by the International Criminal Court (ICC)
may potentially disrupt the internal affairs of the nation, specifically with
regards to the contentious campaign against narcotics.
b. International Standing
The issue of the Philippines' withdrawal from the International
Criminal Court (ICC) has been a subject of debate, with some expressing
concerns that this move may have adverse effects on the country's
international standing. Detractors contend that the decision to withdraw
from the ICC may potentially harm the Philippines' reputation and
credibility on the global stage. The aforementioned circumstance elicits
apprehension regarding the government's dedication to maintaining the
fundamental rights of individuals and has the potential to create tension in
diplomatic ties with nations that consider International Criminal Court
(ICC) membership as indispensable.
3. Human Rights Considerations
a. Impunity and Accountability
Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
Human rights considerations are a crucial aspect of international
law and governance. One of the key issues in this area is the question of
impunity and accountability for those who commit crimes against
humanity, genocide, and war crimes. The International Criminal Court
(ICC) is an essential institution in this regard, as it serves as a mechanism
for holding individuals accountable for such crimes. By prosecuting
perpetrators and bringing them to justice, the ICC helps to ensure that
human rights are protected and that those who violate them are held
responsible for their actions. As such, the ICC plays a vital role in
promoting accountability and upholding the principles of justice and
human rights on a global scale. Those who hold a contrary view assert
that the act of withdrawing from a given situation may impede the progress
towards attaining justice for the affected parties, and in turn, engender a
climate of exemption from punishment, thereby subverting the
fundamental tenets of human rights.
b. Access to Justice
The withdrawal from the International Criminal Court may
potentially curtail the various avenues available to victims of purported
crimes to pursue justice. Critics have expressed concerns that the
Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
implementation of certain measures may have the unintended
consequence of deterring victims from reporting instances of abuse,
thereby eroding their confidence in the efficacy of the justice system. This,
in turn, could potentially exacerbate the prevalence of abuse and
contribute to a vicious cycle of victimization.
The decision of President Duterte to withdraw from the International
Criminal Court (ICC) has given rise to multifaceted legal, political, and human
rights implications that require careful consideration. The evaluation of a decision
must be conducted within a comprehensive framework that takes into account
various factors, including but not limited to international obligations, domestic
legal procedures, and the potential impact on the country's sovereignty,
international standing, and human rights record. Such a holistic approach is
essential to ensure that the decision is made in a manner that is consistent with
the country's legal and ethical obligations, as well as its broader strategic
interests. By considering these various factors, decision-makers can make
informed choices that are grounded in a deep understanding of the complex and
interrelated issues at play. Achieving a state of equilibrium between the
aforementioned factors will facilitate the process of analyzing the probable
outcomes and conducting a thorough assessment of the situation.
Republic of the Philippines
PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Muralla Street, Intramuros
Manila 1002, Philippines
COLLEGE OF ENGINEERING AND TECHNOLOGY
Computer Engineering Department
References:
International Criminal Court’s Philippines Investigation. (2023). Human Rights
Watch. https://www.hrw.org/news/2023/02/13/international-criminal-courts-
philippines-investigation
Tridgell, J. (2018). The Departed: Implications of the Philippines’ Withdrawal from
the ICC. Opinio Juris. http://opiniojuris.org/2018/04/12/the-departed-
implications-of-the-philippines-withdrawal-from-the-icc/
