Backpedaling

In reiterating my appeal to President Marcos Jr. to flesh out his policy declaration of non-cooperation with the International Criminal Cooperation into a legal document, a colleague commented that my call is “nakakalalaki na.” (The rather sexist phrase roughly translates as disrespecting his manhood or masculine pride.) The context here is that I have unwittingly challenged the word of honor of PBBM despite his public avowals.  

Honestly, I have no intention of insulting PBBM, the person I supported in the 2022 presidential election and has supported until now. The issue has nothing to do with machismo. It has everything to do with preserving our national sovereignty from foreign intrusion.  

Further, it does not follow that I cannot or should not question the policy decisions of the Chief Executive, particularly when they have international and domestic legal implications. And in view of his penchant for changing tune on several national issues.

Formalizing the verbal orders of the Chief Executive through a presidential issuance would make the policy binding and enforceable. In terms of compliance, the written document will provide clear instructions to Executive and law enforcement agencies when dealing with ICC personnel. It will also hold them accountable and liable.

For instance, what does the Rome Statute say about the non-cooperation of a non-member country? “Where a State not party to this Statute, which has entered into an ad hoc arrangement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of State Parties or, where the Security Council referred the matter to the Court, the Security Council.” (Article 87, Section 5) 

The Philippines officially withdrew from the Hague Tribunal in 2019. I have consistently argued that the Court lost its authority to probe or prosecute individuals involved in the war on drugs campaign. It failed to trigger the exercise of its jurisdiction while the Philippines was still a Party to the Statute. It was only in 2021 that the Pre-Trial Chamber (PTC) approved the commencement of a preliminary investigation.

The Court cannot compel the Marcos