ICC Jurisdiction and the Philippines’ Withdrawal
In 2018, Duterte initiated the Philippines’ withdrawal from the Rome Statute—the treaty establishing the ICC—which took effect in 2019. However, the ICC maintains jurisdiction over crimes committed while the Philippines was still a member, specifically between 2011 and 2019.¹
Despite its withdrawal from the Rome Statute, the Philippines is still obligated under international law to cooperate with the ICC regarding crimes committed while it was a member. This includes facilitating investigations and extraditions, reflecting the enduring nature of international legal commitments beyond treaty participation.
International Criminal Police Organization (INTERPOL)’s Role in the Arrest
Despite the Philippines’ withdrawal from the ICC, the country remains an active member of Interpol, obligating it to cooperate with international law enforcement efforts within its jurisdiction.² This membership³ provides the Philippine National Police access to global policing databases, red notices, and international criminal intelligence tools. Under this arrangement, the Philippines may both request and respond to assistance involving suspects or fugitives crossing borders.
Interpol, as an international law enforcement organization, facilitates global police cooperation by issuing Red Notices—requests to locate and provisionally arrest individuals pending extradition, based on warrants issued by judicial authorities.
Republic Act No. 9851—the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. Similar to the Rome Statute, RA 9851 penalizes the widespread killing of civilians as a crime against humanity. Section 17 provides:
“In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.”
The complexities of international justice, the challenges of balancing national sovereignty with global accountability, and the evolving landscape of prosecuting alleged crimes against humanity are weighed by our leaders in decisions on surrender.
References
¹Pangilinan v. Cayetano, G.R. No. 238875, March 16, 2021, https://lawphil.net/judjuris/juri2021/mar2021/gr_238875_2021.html.
²Constitution of the International Criminal Police Organization–INTERPOL, Appendix I, p. 9 [I/CONS/GA/1956 (2023)]
³Const. (1987), art. II, § 2.
