Republic of the Philippines

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

THE CONTEMPORARY WORLD

YUMOL, SHANE AVELYN S. ASSESSMENT #7

2021-04153-MN-0 ABOUT THE INTERNATIONAL CRIMINAL COURT
BSA 1-4

International Criminal Court investigates and, if necessary, prosecutes those accused of the
most serious crimes of global concern: genocide, war crimes, crimes against humanity, and
aggression. It strives to supplement, rather than replace, national courts as they are called the court
of last resort. It was established in the year of 2002 following the ratification by more than sixty
nations, the Rome Statute entered into force. Its headquarters are in The Hague, the Netherlands.
The main concerns of International Criminal Court are genocide, war crimes, crimes
against humanity, and aggression. Genocide are acts undertaken with the goal to eliminate a
national, ethnic, racial, or religious group in whole or in part. War crimes are encompassing serious
violations of the Geneva Conventions and other major violations of the rules and norms relevant
in international armed conflict and conflicts "not of an international character" mentioned in the
Rome Statute. Crimes against humanity include any of the following crimes performed as part of
a broad or systematic assault on any innocent civilians, with foreknowledge of the attack. And
lastly, aggression is using military force against another state's sovereignty, territorial integrity, or
political independence
The International Criminal Court promotes international justice since it is focused on
crimes that threatens a nation’s security. It prosecutes those that are accused of serious crimes that
a national court cannot handle. As its fundamental objective is to assist in ending injustice for
offenders of the most heinous crimes that are the main concern of the International Criminal Court
and consequently to prevent the occurrence of similar crimes. The International Criminal Court
may only execute its authority when existing legal institutions fail to do so, when it is proved that
they are unwilling or incapable to carry out real proceedings, as per the principle of
complementarity.
Every case that are passed on the International Criminal Court undergoes three phases. The
first phase is the preliminary examination, it is when the prosecutor gets a complaint, he or she
will determine if the alleged perpetrator fits under one of the four grave crimes. The next phase is
the investigation wherein it strengthens the evidences to support the complaint. If the allegations
are proved, the suspect will be detained and sent to the International Criminal Court. The third pre-
trial where the judges will decide if the testimony is sufficient to prove that the individual is guilty
of the horrific act. Lastly, the trial where the individual has the right to appeal whether he or she
is found guilty or not guilty. If found guilty, the defendant will be imprisoned. With these tight
phases, international justice can be served to the nation since the case undergoes a thorough
investigation and trials for the complaint to be proven.
The International Criminal Court does not challenge the National Court’s jurisdiction
since, as mentioned before, it is the permanent court of last resort. State has the right under
 Republic of the Philippines
POLYTECHNIC UNIVERSITY OF THE PHILIPPINES
THE CONTEMPORARY WORLD

international law to properly investigate alleged offenders of genocide, war crimes, crimes against
humanity, and other international crimes. It is more on the lowest part of the hierarchy of courts,
capable of catching the worst, most horrific instances that the nations themselves are unable to
resolve. Its purpose is to supplement, not to replace the National Court of a nation. They can only
exercise their jurisdiction, if and only when a nation is either reluctant or truly incapable to probe
and punish these serious crimes.
By holding perpetrator accountable and responsible, the International Criminal Court
fosters adherence to the rules of war, which protect both civilians and troops. The International
Criminal Court investigates and prosecutes perpetrators that puts the public’s safety into jeopardy.
Example of this is the Drug War of President Duterte’s administration where extrajudicial killings
are what is happening alongside of this drug war. There are reported cases that some of suspects
are not even ‘pusher’ in the first place. On September of 2021, the judges of ICC approved the
opening of investigation into criminalities perpetrated in the Philippines linked to the “drug war”
killings from November of 2011 and June of 2016 back when President Duterte was still a mayor
of Davao City. On March 19, 2019, Philippines withdraws from the ICC. But the ICC can still
investigate what happened during that time frame because it happened when Philippines was still
a part of the ICC. This shows that even though a country withdraws its membership from the court,
the International Criminal Court can still investigate a country if it happened when the nation was
still a part of the ICC. According to the Article 127 of Rome Statute, “a state shall not be discharged
by reason if its withdrawal, from the obligations arising from this Statute while it was a Party to
the Statute.” This proves that the International Criminal Court can protect its citizen from its
government since this “drug war” put many lives of civilian at risk with direct command from the
President, “shoot to kill” to those who resist being arrested.
In conclusion, the International Criminal Court promotes international justice with the
primary goal of aiding in the abolition of injustice for perpetrators of the most heinous crimes that
the International Criminal Court is concerned with, and therefore preventing the repetition of
similar crimes. In addition, the ICC does not challenge the National Courts Jurisdiction because it
is on the lower tier of hierarchy of courts and it is called the court of last resort. And lastly the
International Criminal Court protect citizens from its government by holding criminals of gravest
crimes liable and putting the lives of public at risk.
 Republic of the Philippines
POLYTECHNIC UNIVERSITY OF THE PHILIPPINES
THE CONTEMPORARY WORLD

References:
Felter, C. (2021, February 23). The Role of the International Criminal Court. Council on Foreign

Relations. Retrieved February 5, 2022, from https://www.cfr.org/backgrounder/role-

international-criminal-court

Q&A: The International Criminal Court and the United States. (2021, January 25). Human

Rights Watch. Retrieved February 8, 2022, from

https://www.hrw.org/news/2020/09/02/qa-international-criminal-court-and-united-

states#3

Francisco, K. (2016, October 5). Shoot to kill? Duterte’s statements on killing drug users.

RAPPLER. Retrieved February 8, 2022, from

https://www.rappler.com/newsbreak/iq/148295-philippines-president-rodrigo-duterte-

statements-shoot-to-kill-drug-war/