Questions have been raised on the country’s continued failure to adopt a treaty that deals with crimes against humanity, indicating the government’s double-talk in upholding human rights.

At the two-day Conference on the International Criminal Court (ICC) which started Thursday, Integrated Bar of the Philippines (IBP) President Feliciano Bautista, in a position paper, said the country’s non-ratification of the Rome Statute of the ICC is influenced by “politics,” which prevents it from being one with the international community in addressing widespread human rights violations.

"This decision by the Philippines not to be part of the ICC is, we believe, dictated more by politics and power alignments than by a true intent and desire to join the international community in the prosecution of crimes against humanity, genocide, war crimes and crimes of aggression," the IBP said.

The Philippines is among the 120 signatory-states to the 1998 Rome Treaty, which is the founding treaty of the Rome Statute on the ICC. However, the country has yet to ratify the latter treaty, which establishes the first permanent and international court to address serious crimes against humanity such as war crimes and genocide.

Around 60 countries have already ratified the Rome Statute on the ICC.

Feliciano said the Philippines’ position could be aligned "to the whims and desires of the United States," which has decided to “unsign” from the Rome Statute in 2002.

He said the country’s refusal to sign the Rome Statute betrays the government desire to stamp out human rights violations.

"It is not enough to profess adherence to human rights. States need to back their word up with concrete action and willingness to participate in collective international efforts…," he said..

Not a judicial function

The Supreme Court (SC) supports the adoption of the statute, but then again, the act of ratification is not a judicial function.
 
SC Chief Justice Reynato Puno said "the judiciary has nothing to do with the submission of the treaty to the Senate,” as it “has no part in the treaty-making process."

Puno also noted that “extra-judicial killings do not fall within its jurisdiction… there is a certain threshold to be satisfied."

Associate Justice Adolfo S. Azcuna said the issue is a "political question, not something for the court to intervene in."

For her part, Commission on Human Rights chair Leila De Lima agreed that there is an “urgency” for the country to adopt such international treaties.

"Yes, there is really an urgency to ratify treaties of international instrument like this because this will cover extraordinary offenses like war crimes, and crimes against humanity," she said.

The ratification of the Rome Statute would strengthen the CHR in dealing with human rights violation cases, she stressed.