Sunday, January 29, 2023

One-Minute Hirit 10: Paalala: May Jurisdiction ang ICC sa Anumang Posibleng Kaso ng Crimes Against Humanity sa Pilipinas Hanggang March 16, 2019



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1. Ayon sa Article 127(2) ng Rome Statute ng International Criminal Court (https://www.icc-cpi.int/sites/default...

Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective. Pagsalin sa Filipino: “Ang pag-atras ay di makakaapekto sa pakikipag-kooperasyon sa Korte kaugnay ng mga imbestigasyon sa krimen at mga paglilitis ukol sa kung saan ang umaatras na Estado ay may tungkulin nang makipag-kooperasyon at ang mga ito ay nagsimula bago pa man ang petsa noong naging epektibo na ang pag-atras.” (Welcome po ang sinumang makakapagbigay ng mas angkop na pagsalin. Paki-komento na lang po sa baba at bibigyan ko kayo ng acknowledgement sakaling i-edit ko ito nang ayon sa kontribusyon ninyo. Salamat.) 2. Mula sa page 87 ng Supreme Court Decision G.R. Nos. 238875, 239483, and 240954, July 2021 (
https://sc.judiciary.gov.ph/20238/): Withdrawing from the Rome Statute does not discharge a state party from the obligations it has incurred as a member, Article 127(2) provides: “A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective. A state party withdrawing from the Rome Statute must still comply with this provision. Even if it has deposited the instrument of withdrawal, it shall not be discharged from any criminal proceedings. Whatever process was already initiated before the International Criminal Court• obliges the state party to cooperate.

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