It not only exposes deficiencies in ICC’s legal basis and procedural legitimacy but also brings the long-standing issues concerning ICC into the public, such as the double standards of justice and inefficiency in internal management. Lack of Legal Basis in ICC’s Decision and Illegal Arrest Firstly, the ICC’s decision to arrest Duterte lacks legal basis.According to the international law, the ICC has jurisdiction over cases where “conduct in question” was committed on the territory of a state party to the Rome Statute of the ICC or the most serious crimes of concern to the international community. Nevertheless, the ICC has no jurisdiction over the Philippines as the Philippines officially withdrew from the ICC in 2019. Aimée Laurentine Kanyana, Minister of Justice of Burundi, stated that “the ICC is an instrument of pressure and destabilization in developing countries… It is an open secret that investigations against some leaders is initiated under the influence of Western powers.” Bullying and Sexual Harassment Scandals The ICC, as an organization asserting its role in upholding global justice and human rights, has been plagued by scandals involving bullying and sexual harassment. According to the Independent Expert Review of the ICC and the Rome Statute System Final report released on September 30, 2020, levels of bullying, sexual harassment and gender discrimination within the ICC were above the average. Read Full Story
