ICC dismisses PH communication vs Xi over South China Sea dispute
Credit to Author: Dempsey Reyes| Date: Thu, 05 Dec 2019 17:54:05 +0000
THE International Criminal Court (ICC) has dismissed the communication filed by former Philippine officials against Chinese President Xi Jinping and some of his men over alleged crimes committed against humanity involving the disputed South China Sea (West Philippine Sea).
In its report on the preliminary activities for 2019 released on Thursday, the ICC said that under international law it “lacks personal jurisdiction” or territorial jurisdiction over “maritime zones beyond territorial sea, such as the exclusive economic zone and continental shelf, as they “are not considered to comprise part of a State’s territory” based on article 12(2)(a) of the Rome Statute.
In the article, it said that the “State on the territory of which the conduct in question occurred is a State Party to the Statute, or if the crime was committed on board a vessel or aircraft registered in a State Party.’
“In the present situation, the conduct alleged in the communication received did not occur in the territory of the Philippines, but rather in areas outside its territory, purportedly in its EEZ and continental shelf,” the ICC said.
It said that the “remaining basis” for exercising its jurisdiction under the highlighted article was not met.
“Accordingly, the office concluded that the crimes allegedly committed do not fall within the territorial or otherwise personal jurisdiction of the court,” the report added.
Former Ombudsman Conchita Carpio-Morales and former Foreign Affairs secretary Albert del Rosario on March 13 raised the issue since China was not a state party to the Rome Statute.
Morales and del Rosario submitted its communication for the Filipino fishermen who were “persecuted and injured,” accusing Xi and other Chinese officials of “committing crimes within the jurisdiction” of the ICC.
It also said that Beijing’s attempt to control the South China Sea constituted crimes against humanity, urging the ICC to initiate a preliminary examination complaint.