How to leave the ICC

Like How to withdraw from the ICC
Sunday, March 18, 2018 - 20:42

By Justice Hub

President Rodrigo Duterte has announced that the Philippines will withdraw from the Rome Statute (the treaty that established the International Criminal Court) “effective immediately.”

In his statement, the president was unambiguous about his intent:

“I therefore declare and forthwith give notice, as president of the republic of the Philippines, that the Philippines is withdrawing its ratification of the Rome statute effective immediately,” he said .

President Duterte’s announcement comes barely a month after the ICC Chief Prosecutor Fatou Bensouda announced that her office will be opening a preliminary examination into the situation in the Republic of Philippines where an estimated 8,000 people have been killed in a state-sanctioned drug war.

Should Duterte follow through with his desire to pull out of the ICC, the Philippines will become only the second nation to do so. Burundi - a small state in Central Africa - was the first to do so. Burundi’s withdrawal took effect on 27 October 2017, one year after it had lodged its decision with the United Nations. And, like the Philippines, Bujumbura's move was precipitated by the ICC’s authorisation of a prelimanary investigation in 2016.

But Manlia should take note that the ICC has insisted that the Burundi withdrawl "does not affect the juridicstion of the court" during the whole time it was a state party. And, ICC judges went on to authorise a full investigation into disappearances and killings that the National Police are alleged to have been involved in.

South Africa, the Gambia, Zambia, Kenya and Uganda have also all previously signalled an intention to leave the ICC but have failed to do thus far. The Gambia, under former strongman Yahya Jammeh, came the closest to withdrawing from the ICC before current President Adama Barrow reversed the decision soon after taking power.

So here's the handy guide we have for all presidents (and you) to help understand the process through which a country can withdraw from the Rome Statute. The step-by-step guide is drawn from Article 127 of the Rome Statute which provides for how a state party to the Rome Statute may withdraw:

1. “A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.

2. “A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it 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.”

If you want to know more, follow us on twitter, where we'll reflect the debate about the effect of Philippines' withdrawl and the strength of the ICC as an institution.

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Anonymous
Angelo

the author of this website is ILLITERATE and IGNORANT OF LAW, you are just making a mockery of the Filipino intelligence

ANO PO BA TINGIN NYO SA MGA PINOY? KASING INUTIL AT BOBO NINYO?!

malaki po ang pinagka-iba ng PRELIMINARY EXAMINATION sa CRIMINAL INVESTIGATIONS at cgurado walang FINANCIAL OBLIGATIONS na ang Pilipinas sa ICC! PRELIMINARY EXAMINATION is NOT part of the process of prosecuting any criminal complaint in the ICC.

iyak na lang po kayo dahil mas wais pa rin si President Duterte sa mga dilawan tulad mo!

Thursday, March 15, 2018 - 12:58
Anonymous
ronnie

why most filipinos always implicates lp or dilawan? Most of you always reminds us, "move on" but whenever theres a big problem or mistakes from Pres Duterte govt, you always blame yellow. how funny.

Thursday, March 15, 2018 - 08:53
Anonymous
rolly

ICC are used by political groups in the Philippines to pursue their own agenda of grabbing back the power from a duly elected leader in the Philippines. This politicians are corrupt to the core, the pocketed the donations of many countries during the onslaught of typhoon Yolanda in the amount of billions, they also put at stake the lives of more than 830, 000 Filipino children by rushing to purchase the anti dengue vaccine called Dengvaxia and injected it to innocent children, now some of these children dying and more to come, they are also the author on the miserable transportation problem in the Philippines, particularly the metro rail transit by purchasing incompatible trains from china and without a motor in the amount of billions of pesos or millions of dollars, they send Filipino policemen to the den of the terrorists and let them die there resulting to the death of 44 special police officers, (reward money given by the american amounted to 5 MILLION DOLLARS), they are also involve in the purchase of the right of way scam amounting to millions of the dollars...this politicians in connivance with the oligarchs who doesn't pay their taxes RIGHTLY and owed billions upon billions of pesos to gov't banks and was just condone by their cahoots in the gov't., together with the big time drug lords and drug syndicates and criminals, are going in full force to bring the current Philippine President down...since people are not believing anymore of their drama and propaganda using their access in media which the paid up by millions are now using ICC to overthrow the duly elected President....ask any Filipino near you and you will know what the real issue in the Philippines....their is a Political war going on...

Thursday, March 15, 2018 - 02:50
Anonymous
Mario

Maliwanag na TAKOT ka sa ICC kasi GUILTY ka Duterte. Your withdrawal of membership from ICC is a gesture of a coward, scared, and guilty person.

Wednesday, March 14, 2018 - 16:11
Anonymous
Marc Bello

If it is for the best of our country...THE PHILIPPINES...my best wishes to the DIGONG of Malacanang...DUTERTE KNOWS BEST!!!!!

Wednesday, March 14, 2018 - 12:01
Anonymous
Jake

Its a useless organisation

Wednesday, March 14, 2018 - 11:33
Anonymous
Romel

https://www.rappler.com/nation/198141-duterte-philippines-withdraw-international-criminal-court

#DuterteisaCOWARD

Wednesday, March 14, 2018 - 09:02
Anonymous
Madison Tejada

Too bad for Mister Duterte, the Fentanyl dependent president of the Philippines. The withdrawal from ICC amidst an impending investigation only points to his guilt in all the killings in his country.

Wednesday, March 14, 2018 - 08:39
Anonymous
Mavel

I think it is not easy to leave if there is a standing investigation.

Wednesday, March 14, 2018 - 08:06
Anonymous
Jeeffcy Arellano

In the case of the Philippines, ICC cannot enforce its investigations to President Duterte unless the justice system in the country is non working.. ICC use to politicise by people who has political agenda specially the influential family in the Philippines lost to Presidency last election.

Friday, February 9, 2018 - 13:34
Anonymous