However, I respectfully dissent from the Majority’s decision … that the Pre-Trial Chamber did not err when finding that a preliminary examination may constitute a “matter […] under consideration by the Court” within the meaning of article 127(2) of the Statute]. As I have previously stated in another dissenting opinion … it is my view that a preliminary examination is not a “matter […] under consideration by the Court” within the meaning of article 127(2) of the Statute, and that a situation is only under consideration by the Court once a pre-trial chamber authorises an investigation into that situation.
–Judge Gocha Lordkipanidze
For the International Criminal Court (“ICC”), the jurisdictional question regarding alleged crimes committed while the Philippines remained a State Party to the Rome Statute is settled. The Pre-Trial Chamber (“PTC”) has spoken, as has the Appeals Chamber (“AC”). Both concluded, in essence, that once the Office of the Prosecutor (“OTP”) announced it was initiating a preliminary examination before the Philippines submitted formal notice of its withdrawal from the Rome Statute, the Court retained jurisdiction, even though the OTP did not seek authorization to open a formal investigation – as required under the ICC’s statutory framework governing proprio motu investigations – until years after the Philippines was no longer a State Party.
Accordingly, as far as the ICC is concerned, there is no remaining jurisdictional dispute. The arrest warrant for Senator Ronald Dela Rosa is valid, and Philippine authorities should execute it and facilitate his transfer to The Hague.
That is the ICC’s position. However, the more important issue – at least for Dela Rosa – is whether the jurisdictional matter remains justiciable under the Philippine Constitution and the Philippine legal system before another Filipino citizen is surrendered to the ICC. In my view, it plainly does. Continue reading “THE DELA ROSA ARREST WARRANT: Why the Philippine Supreme Court Should Decide the Jurisdictional Question First”
