MSOpinion The ICC and Duterte, the next phase “The International Criminal Court can only intervene where a State is unable or unwilling genuinely to carry out the investigation and prosecute the perpetrators.”
“The International Criminal Court can only intervene where a State is unable or unwilling genuinely to carry out the investigation and prosecute the perpetrators.”
With the recent order by the International Criminal Court pre-trial chamber for the resumption of the probe on Duterte’s violent war on drugs, which was earlier suspended, we review once again the legal framework of the ICC’s creation under the Rome Statute, the implications of the country’s unilateral withdrawal from the Roman Statute treaty in the probe of Duterte administration’s involvement in the war on drugs, and the effects of the assumption by President Marcos as the chief implementer...
The International Criminal Court can only intervene where a State is unable or unwilling genuinely to carry out the investigation and prosecute the perpetrators. The jurisdiction of the ICC shall be limited to the most serious crimes of concern to the international community as a whole. The crime of genocide which means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.
In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of August 12,1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause.
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