Lazada Philippines aff_i?offer_id=3127&file_id=94990&aff_id=150634 - Making sense of the ICC brouhaha - Philippine Government

normal_post - Making sense of the ICC brouhaha - Philippine Government Author Topic: Making sense of the ICC brouhaha  (Read 227 times)

islander

  • SUPREME COURT
  • THE LEGEND
  • *****
  • avatar_3258_1429902436 - Making sense of the ICC brouhaha - Philippine Government
  • Posts: 45385
  • medal1 - Making sense of the ICC brouhaha - Philippine Governmentmedal2 - Making sense of the ICC brouhaha - Philippine Governmentmedal3 - Making sense of the ICC brouhaha - Philippine Governmentmedal4 - Making sense of the ICC brouhaha - Philippine Governmentmedal5 - Making sense of the ICC brouhaha - Philippine Government
  • If you're from Pluto, you're welcome.
    • Share Post
xx - Making sense of the ICC brouhaha - Philippine Government
Making sense of the ICC brouhaha
« on: February 18, 2018, 11:37:44 AM »

WITH DUE RESPECT

Making sense of the ICC brouhaha

By: Artemio V. Panganiban 
Philippine Daily Inquirer
February 18, 2018

Presidential spokesperson Harry L. Roque Jr. has the distinction of being the only Filipino allowed to practice as a defense counsel in the International Criminal Court (ICC).

Only three ways. And Dr. Raul C. Pangalangan, his former professor and dean at the UP College of Law who recruited him to the UP law faculty after he became a lawyer, is the only Filipino now sitting as an ICC judge (ICC magistrates are called “judges,” not “justices”).

With such a singular distinction, Secretary Roque can speak authoritatively on the ICC. With his leave, however, may I humbly clarify a few inaccuracies that have appeared in the local newspapers on the recent ICC brouhaha so our people can make a correct sense of its context?

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=89249.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

pCloud Premium

islander

  • SUPREME COURT
  • THE LEGEND
  • *****
  • avatar_3258_1429902436 - Making sense of the ICC brouhaha - Philippine Government
  • Posts: 45385
  • medal1 - Making sense of the ICC brouhaha - Philippine Governmentmedal2 - Making sense of the ICC brouhaha - Philippine Governmentmedal3 - Making sense of the ICC brouhaha - Philippine Governmentmedal4 - Making sense of the ICC brouhaha - Philippine Governmentmedal5 - Making sense of the ICC brouhaha - Philippine Government
  • If you're from Pluto, you're welcome.
    • Share Post
xx - Making sense of the ICC brouhaha - Philippine Government
Re: Making sense of the ICC brouhaha
« Reply #1 on: February 18, 2018, 11:38:43 AM »

To begin with, under the “Rome Statute,” the treaty that created the ICC, the ICC’s Office of the Prosecutor (OTP) headed by Chief Prosecutor Fatou Bensouda may initiate a “preliminary examination” only upon the request of 1) a member-state, 2) the Security Council of the United Nations, or 3) motu proprio the OTP itself.

Obviously, the initiative did not come from the Philippines as a member-state or from the UN Security Council. Clearly, it was initiated motu proprio by the OTP.

Not triggered by. Inaccurate, therefore, are the media reports saying that the OTP’s “preliminary examination” of the war on drugs in the Philippines was “triggered by” or “was the result of the 77-page complaint filed by Jude Sabio, a lawyer for confessed Davao Death Squad hitman Edgar Matobato against President Duterte and 11 senior officials.”

pCloud Premium

islander

  • SUPREME COURT
  • THE LEGEND
  • *****
  • avatar_3258_1429902436 - Making sense of the ICC brouhaha - Philippine Government
  • Posts: 45385
  • medal1 - Making sense of the ICC brouhaha - Philippine Governmentmedal2 - Making sense of the ICC brouhaha - Philippine Governmentmedal3 - Making sense of the ICC brouhaha - Philippine Governmentmedal4 - Making sense of the ICC brouhaha - Philippine Governmentmedal5 - Making sense of the ICC brouhaha - Philippine Government
  • If you're from Pluto, you're welcome.
    • Share Post
xx - Making sense of the ICC brouhaha - Philippine Government
Re: Making sense of the ICC brouhaha
« Reply #2 on: February 18, 2018, 11:39:19 AM »

The video announcement of Bensouda did not specifically mention the Sabio “complaint.” Neither did she say that President Duterte or anyone else was being probed. All she announced was: “Following a careful, independent and impartial review of a number of communications and reports documenting alleged crimes potentially falling within the jurisdiction of the ICC, I have decided to open a preliminary examination … of the situation in the Philippines.”

Moreover, Bensouda “emphasize[d] that a preliminary examination is … but a process of examining the information available in order to reach a fully informed determination on whether there is a reasonable basis” to conduct later what is roughly the equivalent of a preliminary investigation in the Philippines.

Unlike here, cases in the ICC are not commenced by “complaints.” Affidavits and documents submitted to the OTP are at best “inputs” which the OTP may or may not take into account in its examination.

pCloud Premium

islander

  • SUPREME COURT
  • THE LEGEND
  • *****
  • avatar_3258_1429902436 - Making sense of the ICC brouhaha - Philippine Government
  • Posts: 45385
  • medal1 - Making sense of the ICC brouhaha - Philippine Governmentmedal2 - Making sense of the ICC brouhaha - Philippine Governmentmedal3 - Making sense of the ICC brouhaha - Philippine Governmentmedal4 - Making sense of the ICC brouhaha - Philippine Governmentmedal5 - Making sense of the ICC brouhaha - Philippine Government
  • If you're from Pluto, you're welcome.
    • Share Post
xx - Making sense of the ICC brouhaha - Philippine Government
Re: Making sense of the ICC brouhaha
« Reply #3 on: February 18, 2018, 11:39:35 AM »

Again, unlike in the Philippines where prosecutors are passive, the OTP is “proactive” in gathering documents and in contacting witnesses on its own initiative.

However, while the OTP can initiate a “preliminary examination,” it does not have absolute discretion to proceed to a “preliminary investigation.” Under Art. 15 of the Rome Statute, it must, as a countercheck, first secure the approval of the ICC’s Pre-Trial Chamber. This process takes years.

https://opinion.inquirer.net/

pCloud Premium


Share via facebook Share via linkedin Share via pinterest Share via tumblr Share via twitter

xx
Article | Sense Of Self: What Is A Sense Of Self?

Started by MIKELIGALIG.com on Lifestyle, Culture and Arts

0 Replies
143 Views
Last post January 10, 2013, 12:00:11 AM
by MIKELIGALIG.com
xx
The Vhong Navarro Brouhaha

Started by Ligalig-Mike on Talk of the Town

3 Replies
382 Views
Last post January 31, 2014, 02:36:53 PM
by hubag bohol
xx
Brouhaha Within Citizens CARE Group

Started by Ligalig-Mike on Philippine Provinces

0 Replies
298 Views
Last post October 20, 2010, 08:02:45 AM
by Ligalig-Mike
xx
Manny Pacquiao And Swine Flu Brouhaha

Started by MIKELIGALIG.com on Sports and Fitness

0 Replies
254 Views
Last post May 06, 2009, 09:23:48 PM
by MIKELIGALIG.com
xx
What's Wrong with Cebu Pacific's Low Fare Gimmick and Brouhaha

Started by Ligalig-Mike on Travel and Tours

34 Replies
4620 Views
Last post June 08, 2008, 10:24:53 PM
by gelyan
 

Booking.com

Latest Topics

Tubag Bohol Is Back by islander
[Today at 08:18:38 PM]


Anong hilig mo? by MIKELIGALIG.com
[Today at 10:02:04 AM]


Nabuthan sa Butane by MIKELIGALIG.com
[Today at 09:48:31 AM]


Role of Bulacan in Philippine History by MIKELIGALIG.com
[Today at 06:34:39 AM]


Benguet Landslide Evacuees by MIKELIGALIG.com
[Today at 06:33:28 AM]


Tarlac as City of Charm by MIKELIGALIG.com
[Yesterday at 07:49:05 PM]


Ompong Damage by MIKELIGALIG.com
[Yesterday at 07:45:58 PM]


Kapa Investment Scam by MIKELIGALIG.com
[Yesterday at 04:40:10 AM]


Indian Nasakpan sa Davao by MIKELIGALIG.com
[Yesterday at 04:24:25 AM]


Philippine Fishery by MIKELIGALIG.com
[Yesterday at 03:40:18 AM]

SMF spam blocked by CleanTalk
pCloud Premium
Powered by SMFPacks SEO Pro Mod | Sitemap
Mobile View
SimplePortal 2.3.7 © 2008-2018, SimplePortal