Bayan Muna: Duterte legal team’s challenge to ICC jurisdiction a ‘desperate tactic’ to evade justice

Former Bayan Muna Congressman and human rights lawyer Neri Colmenares lambasted the recent move by the legal team of former President Rodrigo Duterte to challenge the jurisdiction of the International Criminal Court (ICC) over alleged crimes against humanity committed during his administration’s bloody “war on drugs,” calling it a desperate attempt to evade accountability.

“The Duterte legal team’s argument that the ICC lost jurisdiction after the Philippines’ withdrawal from the Rome Statute holds no water. The Rome Statute clearly states that the court retains jurisdiction over crimes committed before the withdrawal became effective,” Colmenares said. “The ICC has already ruled in other cases, such as Burundi, that state withdrawal does not extinguish its jurisdiction over crimes that occurred while the country was still a party to the treaty.”

“Ang sinasabi ng Rome Statute ay may hurisdiksyon ang ICC sa mga kaso o issue na naumpisahan na bago pa man naging epektibo ang withdrawal. Hindi ito maitatanggi ng kampo ni Duterte,”he emphasized.

“Article 127 of the Rome Statute also states that withdrawal shall not “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,” he added

Colmenares reiterated that the ICC prosecutor’s investigation is well within the court’s jurisdiction, as the alleged crimes against humanity were committed during the period when the Philippines was a state party to the Rome Statute.

“Justice must be served for the thousands of victims of extrajudicial killings and human rights abuses under Duterte’s bloody war on drugs. These legal maneuvers by his defense team cannot erase the bloodstains of his regime,” Colmenares said.

He also criticized the defense team’s attempt to nullify all procedural steps taken by the ICC, calling it a blatant attempt to undermine international justice.

“This is not just a legal argument; it’s a desperate ploy to delay and derail justice. The Duterte camp is trying to escape accountability by hiding behind technicalities. But no amount of legal gymnastics can erase the atrocities committed during his administration,” Colmenares declared.

“ Ang mga ganitong taktika ay malinaw na panlilinlang upang takasan ang pananagutan. Pero ang hustisya ay hindi matitinag. Kailangang managot si Duterte para sa kanyang mga krimen laban sa mamamayan,” he asserted.

Colmenares called on the Filipino people and the international community to remain vigilant and continue the fight for justice despite the Duterte camp’s tactics.

“The ICC provides a venue for accountability that the Duterte administration denied its victims. We must ensure that this process is not derailed. Justice delayed is justice denied for the thousands of families who lost their loved ones,” he said.

“Ang hustisya para sa mga biktima ng madugong giyera laban sa droga ay hindi maaaring ipagpaliban at higit sa lahat, hindi maaaring balewalain. Ang mga pamilya ng mga biktima ay matagal nang naghihintay ng hustisya, at ang ICC ang isa sa mga natitirang pag-asa nila,” Colmenares concluded.#

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