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MANILA, Philippines — More House lawmakers, including leaders and members of the majority bloc, are expressing openness — some even firm support — for the Philippines to rejoin the International Criminal Court (ICC).
At a press conference on Wednesday, March 12, Assistant Majority Leader Jude Acidre (Tingog Party-list) said he would back any initiative from the administration to return as an ICC member.
“I don’t see any problem why we shouldn’t [rejoin]. If there is that step and if there is that initiative on the part of the administration, I would support it,” he said.
Assistant Majority Leader Jil Bongalon (Ako Bicol Party-list) was more resolute, arguing that ICC membership provides the country with an additional avenue for justice when domestic investigations or prosecutions fall short.
“If the state or the government has failed to act on it and provide justice to the victims, where do we go now? So, that’s why it’s important for the protection of the people,” he said, emphasizing that rejoining as a state party of the Rome Statute would help the government fulfill its duty to protect Filipinos.
Deputy Majority Leader Paolo Ortega V (La Union, 1st District) also said that the idea of rejoining should be “seriously reconsidered.”
“I mean [if] it’s just me, we should consider na rejoining not because of what happened today … Siguro in cases na paulit-ulit mga ganitong problema so meron pa rin tayong tool o meron pa rin tayong measuring stick for that,” he added.
(Maybe in cases where these problems keep recurring, we should still have a tool or a measuring stick for that.)
Senate’s role to rejoin
However, Acidre noted that it is ultimately “for the Senate to decide,” citing the 1987 Constitution, which requires at least two-thirds, or 16 out of 24 senators, to concur before a treaty or international agreement becomes valid.
The Rome Statute is a multilateral treaty that established the ICC, serving as the court’s governing framework.
On the day of former president Rodrigo Duterte’s arrest on Tuesday, March 11, Rep. Geraldine Roman (Bataan, 1st District) said in a press conference that “it’s about time” for the Marcos Jr. administration to rejoin the ICC.
Rep. Gerville “JinkyBitrics” Luistro (Batangas, 2nd District) has also been vocal since last year in calling for the country to reinstate its ICC membership, saying it is “imperative.” She described the ICC as the government’s “court of last resort” when the local justice system fails.
Minority lawmakers, including the Makabayan bloc, have long advocated for the Philippines to return to the ICC.
Some House members, however, previously refused to cooperate with the ICC’s probe into Duterte’s war on drugs — such as by withholding documentary evidence from the Quad Committee — on the grounds that the country is no longer a member.
This stance aligns with President Ferdinand “Bongbong” Marcos Jr., who last year said the Philippines would not rejoin.
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To consider, but maybe not now
Meanwhile, Assistant Majority Leader Jefferson “Jay” Khonghun (Zambales, 1st District) believes discussions on rejoining the ICC should take place once emotions have settled.
“Siguro naman wala tayong nakikitang problema na kung saka sakaling mapagdesisyunan ng ating pamahalaan na bumalik sa ICC,” he said.
(Perhaps we don't see any problem if our government eventually decides to rejoin the ICC.)
Assistant Majority Leader Ernesto Dionisio Jr. (Manila, 1st District) argued that even without ICC membership, the Philippines already has a legal framework allowing cooperation with the international tribunal.
He cited Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which allows the country to cooperate with international tribunals by surrendering or extraditing suspects accused of crimes covered under the law.
However, Dionisio said that if the Philippines does not rejoin, the ICC can only investigate crimes committed when the country was still a state party. Since the country’s withdrawal formally took effect in March 2019, cases beyond that period would no longer be under ICC jurisdiction.
RELATED: Rodrigo Duterte is liable for crimes against humanity over drug war killings — House leaders
Like Khonghun, Dionisio cautioned against politicizing the issue.
“‘Yung pagbalik sa ICC, if ever, ay dapat objective eh. Hindi politicized (Rejoining the ICC, if ever, should be objective and not politicized),” he said.
The ICC already has Duterte under its custody since he arrived at The Hague, Netherlands on Wednesday night. He was served the warrant of arrest for crimes against humanity charges on March 11 by Philippine authorities with the International Criminal Police Organization’s instruction (Interpol).
