Manila does not need ICC to resolve sea row – Palace
Credit to Author: The Manila Times| Date: Sat, 23 Mar 2019 09:35:12 +0000
The Philippines does not need the help of the International Criminal Court (ICC) to resolve its maritime dispute with China, Malacañang said on Saturday.
Palace spokesman Salvador Panelo made the statement as he claimed that the communication lodged against Chinese President Xi Jinping before the ICC for alleged crimes against humanity might not prosper.
“Former Ombudsman Conchita Carpio-Morales and former Foreign Affairs Secretary Albert del Rosario may have the right to file the complaint against Chinese President Xi Jing Ping before the ICC as individuals over a perceived violation committed against their country or their countrymen,” he said.
[However], we do not need the help or disturbance of a biased tribunal known to politically prosecute heads of state, the very reason why powerful countries like the United States, China, Russia, and Israel, to name only a few, have either withdrawn their membership as State Parties from the Rome Statute or declined to be members of the ICC,” he added.
Del Rosario and Carpio, on behalf of Filipino fishermen, filed a communication against Xi and other Chinese officials for their actions in the South China Sea that allegedly constitutes crimes against humanity.
“These acts of Chinese officials and nationals inflict food and livelihood deprivation to the inhabitants of the coastal States in the South China Sea, which therefore constitute ‘inhuman acts… intentionally causing great suffering, or serious injury to body or to mental or physical health,’” the communication read.
President Rodrigo Duterte, who has engaged China “peacefully,” said the two former government officials were “entitled” to submit their complaint against Beijing.
He expressed confidence that the filing of the complaint against Xi would not strain the relations between the Philippines and Beijing.
“The Philippines is a democratic country and anybody can bring a suit against anybody but whether or not it would prosper, or whether or not we have the jurisdiction, that’s something else. Remember China is not a member of the ICC,” Duterte said on Thursday.
Panelo said Del Rosario and Carpio-Morales could have been motivated with “righteous indignation over the establishment of structures on some parts of the South China Sea which have been ruled to be rightfully belonging to us.”
“To their minds, the establishment of those structures endanger the environment as well as our fishermen,” he said.
Panelo, however, stressed that Del Rosario and Carpio-Morales were “not authorized to lodge a complaint against China at the ICC on behalf of the Philippines.”
“Whether or not the case will prosper is another matter. It could be dismissed because China is not a member of the ICC, so is the Philippines. The filing of the complaint may be a futile exercise. The ICC has no jurisdiction over China,” he added.
The Palace official also stressed that the Philippines and China were already engaged in a “diplomatic negotiation.”
“We reiterate that the Philippines under the Duterte Administration is engaged in a diplomatic negotiation, through a bilateral consultation mechanism, over the West Philippine Sea issue,” Panelo said.
“The critics and detractors will have a field day criticizing the President in the event the case is dismissed by the ICC for lack of jurisdiction. They can claim that it was a mistake for the Philippine government to withdraw its membership from the Rome Statute as the ICC can no longer serve as a venue to prosecute President Xi for an alleged commission of crime against humanity,” he added.
Negotiation
Former Senate president Juan Ponce Enrile also said he favors negotiation with China even if the Philippines has the right over some areas in the SCS (West Philippine Sea).
“We have a right that is given, not only given by a convention [and] agreed upon by the international community through the [United Nations], but also pronounced by an international arbitral body,” said Enrile, who is vying for a fifth term in the Senate in the May mid-term elections.
“But having that right, does that vest in you the capacity to exploit your right because somebody is claiming it too?” he asked.
Under present circumstances, Enrile believes that the Philippines may either enter into negotiation or conflict with China.
“In the game of nations, there are only two options that are available to us. Either we raise an army to match our competitor over that claim or we approach it through discussion, talking, negotiation,” the veteran lawmaker said.
“If we opt to fight China, we must have the money to raise an army, if at all. And even if we can raise that money, are we willing to sacrifice the blood and lives of our young people to fight a war that we may not be able to win? And even if we win, could it cause us ruin?” Enrile asked.
He said China acknowledges the Philippines’ privilege over the disputed area.
“On the other hand, if China wants to talk to us, and I think they’re willing to talk to us, which to me is an evidence of the fact that they recognize our right over the area, why don’t we talk to them and negotiate the problem?” he stressed.
The former Senate President, added that the Philippines does not have the money “to explore the presence of hydrocarbon fuel in that area or mineral resources.”
“Even if we have [those resources] there, if we cannot exploit it, what good is that deposit there? Apart from that, we can take advantage of the market of China,” Enrile said.
Sen. Panfilo Lacson also lauded del Rosario and Morales for taking action against China.
“It is a patriotic move on the part of former Ombudsman Morales and former DFA Secretary Del Rosario that deserves the support of every freedom loving Filipino whose duty is to protect and preserve our country’s sovereignty and territorial integrity,” Lacson said in a statement.
CATHERINE S. VALENTE and JAVIER JOE ISMAEL
The post Manila does not need ICC to resolve sea row – Palace appeared first on The Manila Times Online.