Unwilling or unable. President Duterte is Not Easy to Be Taken to ICC

Duterte is a being accused for alleged crimes against humanity with which it is conceivable for the complaint to be brought to the ICC. But it is not as simple as it may have been possible.


“The complaint will have to undergo thorough evaluation to determine whether it satisfies the Rome Statute’s requirements for admissibility and jurisdiction”, the Department of Foreign Affairs (DFA) stated.

There is a treaty called “Rome Statute” of which the International Criminal Court was derived from. The said treaty was signed in Rome, Italy on July 17, 1998, and it came to power on July 1, 2002. On December 20, 2000, the Philippines signed it, by a vote of 17-1, out Senate ratified it of April 23, 2011.  The moment it was ratified, the Philippines discreetly demonstrated confidence in its prosecutorial and judicial systems.

Dr. Raul C. Pangalangan, former dean of the UP College of Law and former Inquirer publisher, is a member of the Court.

On the other hand, columnist Artemio Panganiban said on inquirer.net that he agrees with DFA. “there are many difficult hurdles before the complaint can prosper. Foremost among them is the “complementarity” principle, under which the ICC will decline a case if it is already “being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution”.

The prevailing question now is does the recent dismissal of the impeachment complaint against President Duterte prove that the Philippines is “unwilling or unable genuinely” to investigate or prosecute him?

Source: Inquirer