ICC dismissal of complaint by two ex-gov't officials consistent with gov't stand: Panelo
Malacanang on Saturday said the dismissal of the International Criminal Court (ICC) on the complaint filed by former Foreign Secretary Albert del Rosario and former Ombudsman Conchita Carpio-Morales against Chinese President Xi Jinping is consistent with their previous stand that the filing such is a futile exercise.
“For the reason that the ICC has no jurisdiction over China, it being not a state member,” Presidential Spokesperson Salvador Panelo said in a statement.
Panelo said the ICC does not have jurisdiction over the Philippines.
“Given that the Rome Statute failed to comply with the publication requirement in accordance with due process under our Constitution,” he said.
Panelo said President Rodrigo Dutere has chosen a more effective way of resolving the South China Sea disputes compared to what he called “Morales-Del Rosario tandem”.
He said the process the two former government official chose is ineffective because of its “propaganda value”.
“In resolving the conflict of the South China Sea, the President has chosen an effective mode accepted under International Law of directly engaging the People’s Republic of China in bilateral negotiations to resolve the dispute in a peaceful, expedient and efficacious manner. In contrast, the Morales-Del Rosario tandem resorted to an ineffective process, evidently for its propaganda value,” he said.
“Apparently wanting to still milk the issue for media mileage to advance their pretended nationalism, they are still bent in pursuing their wrong tact despite the rejection of their complaint,” he added.
On December 5, ICC Prosecutor Fatou Bensouda said the Court has no jurisdiction over the case since the alleged crimes against humanity of the Chinese officials due to the reclamation and other activities in the South China Sea did not occur in the territory of the Philippines.
Last March, Del Rosario and Morales filed a complaint before the ICC alleging that China has intentionally and forcibly excluded Philippine nationals from making use of the resources in certain relevant areas of the sea, such as blocking Filipino fishermen's access to traditional fishing grounds at Scarborough Shoal.
The communication also alleged that the Chinese officials were engaged in massive illegal reclamation and artificial island-building in the Spratly Islands, causing significant damage to the marine life in the areas; and tolerated and actively supported illegal and harmful fishing practices by Chinese nationals, which also has caused serious environmental damage. Ella Dionisio/DMS