ICC’s Bensouda: ICC probe on PH situation continues

Opinion & Analysis Mar 22, 2019 at 3:39 pm

By Ellen Tordesillas

“My office ‘s independent and impartial preliminary examination into the situation in the Philippines continues.”
That statement by International Criminal Court Prosecutor Fatou Bensouda issued Monday should put a stop to the misleading statements of Presidential Spokesperson Salvador Panelo about the ICC process.

Last Monday, Panelo said in his press briefing, “… ICC cannot proceed with any proceeding that it has started specifically because it said that they conducted a preliminary examination and not a preliminary investigation. And under the Rome Statute clearly says that any preliminary investigation or any proceeding relative there to it commenced prior to the withdrawal of state party, can’t continue and will continue. Therefore, if it does continue, it violates its own provision because there has been no preliminary investigation.”

Bensouda’s statement posted in Twitter noted that the Philippines’ withdrawal from the Rome Statute has become effective on Sunday, March 17, one year after the Philippines submitted the notice.

Bensouda said “Pursuant to Article 127.2 of the Statute and based on prior ICC judicial ruling in the situation in Burundi, the Court retains its jurisdiction over crimes committed during the time in which the State was Party to the Statute and may exercise this jurisdiction even after the withdrawal becomes effective.”

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