DOJ reiterates its consistent stance on matters pertaining to the ICC

23 January 2024

The Department of Justice (DOJ) reiterates its consistent stance on matters pertaining to the International Criminal Court (ICC). Having withdrawn from the ICC, the Philippines has no legal duty to comply with any obligations or proceedings thereunder.

As a sovereign nation with a robust and functional justice system capable of addressing internal issues without external interference, the Philippine government has shown that it is ready, willing, and able to investigate and prosecute any crime committed within its territory.

As such, any presence of international bodies, such as the ICC, within our jurisdiction must be in accordance with our Constitution and relevant laws. Prior consent and approval of relevant Departments, including the Department of Foreign Affairs (DFA), Department of the Interior and Local Government (DILG), and the DOJ must be obtained before any foreign entities can conduct official activities within our territory.

As of today, the DOJ has not received any official communication or confirmation regarding the presence of the ICC within the country. Specifically, the DOJ has not received any advisory from the DFA that the ICC has indeed entered the Philippines, a requirement that would trigger the interdepartmental coordination concerning developments that go to the very core of our sovereignty and the primacy of our Constitution and our laws.

The DOJ is fully aware of the Supreme Court’s ruling in Pangilinan et al. vs Cayetano et al. (G.R. No. 238875) pertaining to supposed crimes committed before the withdrawal of the Philippines from the ICC. We note that the ruling was a mere obiter dictum or the court’s incidental expression of opinion not essential to the decision and not establishing precedent.

The DOJ is committed to upholding the principles of justice and the rule of law. The protection of the rights of our people regardless of color, race, beliefs, or creed remains and continues to be the cornerstone of our mandate. “Gumagana ang sistema natin. Our system works. Hindi namin papabayaan and mga biktima. Ipagtatanggol natin ang karapatan ng bawat Pilipino,” remarked the Secretary of Justice.

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