Which side will justice go on? 

While many thought that the Philippine government would only have to handle one case involving the Dutertes, news soon emerged that would leave the country shaken. 

At the height of other ongoing issues, the United States (U.S.)  announced a campaign to dismantle the International Criminal Court (ICC). 

The U.S. government will not allow “foreign bureaucrats” to claim authority over people who never agreed to it . According to U.S. Secretary of State Marco Rubio, this campaign was that the ICC is interfering with the U.S.’ jurisprudence, military, and law enforcement operations, in light of the Immigration and Customs Enforcement’s recent actions in which are mass deportation and illegal detention of immigrants, posing a risk to American sovereignty. This is not different from the history of the country and the international tribunal. 

Strained Relationship 

The ICC was founded by the Rome Statute, an international treaty that determines four crimes to be tried by the court: 

• Genocide
• Crimes against humanity
• War crimes
• Crimes of aggression 

The U.S. signed the Rome Statute, but was never ratified, which gives the country the flexibility of not adhering to it legally, ever since its establishment on July 1, 2002, but it is partially against the formation of such a permanent international court regardless of the country’s participation in multiple trials, such as the Nuremberg and Tokyo Tribunals, as well as the United Nations tribunals for Rwanda and the Former Yugoslavia. 

This rejection stemmed from the fear of the ICC representing an emerging world government that may threaten American citizens, values, and leadership. 

The campaign calls upon countries that “enjoy the benefits of the U.S. security umbrella” to extend their support in rejecting the ICC’s authority. One such country is the Philippines.

The Two Sides

The Philippines has its own matters with the ICC. In March last year, former President Rodrigo Roa Duterte was arrested by Philippine authorities following the issuance of an arrest warrant by the international court and later detained in The Hague. After his arrest, Duterte faced pre-trial proceedings before the ICC, being charged with three counts of crimes against humanity in connection with extrajudicial killings carried out during his war on drugs. 

Meanwhile, his camp argues that his arrest is unjust because the Philippines withdrew from the Rome Statute, yet in contradiction to this, was that the crimes the former president is facing in trial was committed while the country was still part of this statute, which ultimately silences this claim. These crimes were the War on Drugs, the extrajudicial killings, as well as the claimed Duterte Death Squad (DDS).  

If the U.S.’ campaign to dismantle the ICC continues, not only will the country be affected with regard to Duterte’s case, but also concerning the victims and their families’ pleas for justice for their loved ones killed by Duterte’s war on drugs. This court is the last resort for the families of the victims of Duterte and his allies. 

If the court is dismantled, there will be nothing left for them to seek justice and peace for the lives lost and the suffering that continues to this day.

This campaign also places the Philippines in a difficult position, torn between keeping the support of the U.S., historically one of its strongest allies, and upholding justice for Filipinos. Two days after the announcement, Malacañang released a statement that it will review its decision on whether to support the campaign or not. 

What’s Next 

Beyond reflecting the increasingly strained relationship between the U.S. and the international court, the campaign leaves the Philippines caught between two sides, with each carrying significant consequences. 

As time ticks by and countries release their statements, justice for the Filipinos affected by Duterte—who is being tried in the very court the U.S. wants to dismantle—seems further away. 

Filipinos can only hope that the government picks a side where, ultimately, justice will prevail.