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Item 73: Report of the International Criminal Court 74th Session of the United Nations General Assembly

Monday, 04 November 2019
Presenter: 
H.E. MS. KIRA CHRISTIANNE D. AZUCENA, Chargé d’Affaires, a.i. of the Permanent Mission of the Republic of the Philippines to the United Nations
Location: 
General Assembly UN Headquarters New York

 

 

 

Mr. President,

 

We thank the President of the International Criminal Court for his report.

The Philippines disassociates itself from the resolution.

The withdrawal of the Philippines from the Rome Statute took effect on 17 March 2019. The decision to withdraw is the Philippines’ principled stand against those who politicize human rights, who disregard our country’s independent and well-functioning organs and agencies that continue to exercise jurisdiction over charges arising from its efforts to protect its people. As in all democracies, the wheels of justice sometimes turn slowly, but they do turn. The rule of law cannot and should not be compromised for immediate retribution.

Notwithstanding our withdrawal from the Rome Statute, the Philippines affirms its commitment to fight against impunity for atrocity crimes. We have national legislation punishing such crimes. Indeed, this year, we mark the 10th anniversary of the Philippine Act on Crimes against International Humanitarian Law, Genocide and Other Crimes Against Humanity.

Many conveniently forget that the Rome Statute is anchored on the principle of complementarity, not substitution: it recognizes that States have the first responsibility and right to prosecute international crimes; and that the ICC may only exercise jurisdiction where national legal systems fail or are unable to do so. We are able; we are willing. The ICC was never conceived as a substitute for national courts, as some are trying to do.

Early this year, a member of the Maute-ISIS terrorist group was convicted in a Philippine court of law for violations of international humanitarian law. This demonstrates our effective enforcement of our domestic legislation on international humanitarian law.

Thank you.