By Kenneth Christiane L. Basilio, Reporter
A PHILIPPINE congressman on Wednesday urged the government to rejoin the International Criminal Court (ICC), saying it would strengthen Manila’s legal options in pushing back against China’s growing assertiveness in the South China Sea.
House Deputy Minority Leader and Party-list Rep. Jose Manuel Tadeo “Chel” I. Diokno said returning to the ICC’s fold could open the door to filing “crimes of aggression” charges against Beijing for actions within Philippine waters.
“We have to show the world that we will take advantage of every legal opportunity,” he told reporters in Filipino. “It is also a good reason to return to the ICC… [so] we can file crimes of aggression against other countries, as long as we are members of the court and the incidents happen in our territory.”
The Chinese Embassy in Manila did not immediately reply to a Viber message seeking comment.
The Philippines withdrew from the ICC in 2018 under then-President Rodrigo R. Duterte after the tribunal launched a preliminary investigation into his bloody war on drugs. The withdrawal took effect the following year.
In March, the Marcos administration surrendered Mr. Duterte to The Hague-based tribunal, where he faces trial in September for alleged crimes against humanity linked to the drug war.
Palace Press Officer Clarissa A. Castro said in June that President Ferdinand R. Marcos, Jr. was open to studying proposals for the Philippines to rejoin the international tribunal.
Diplomacy instructor Josue Raphael J. Cortez of the De La Salle — College of St. Benilde said Mr. Diokno’s proposal could become a turning point.
“It might be a catalyst for the government to make a decision on the Philippines taking part once again in the Rome Statute,” he said in a Facebook Messenger chat.
Mr. Marcos has taken a tougher approach toward Beijing compared with Mr. Duterte, who had pursued closer ties with China. Beijing claims nearly the entire South China Sea based on a 1940s map, overlapping with the Philippines’ exclusive economic zone (EEZ).
In 2016, a United Nations-backed arbitral tribunal based in The Hague voided China’s sweeping claims. Beijing has refused to recognize the ruling and continues to maintain a strong presence in contested areas, including parts of the West Philippine Sea.
UN ASSEMBLYAt the House of Representatives, more than 15 lawmakers filed a resolution urging the Department of Foreign Affairs (DFA) to bring the matter before the United Nations (UN) General Assembly, pressing China to respect the arbitral ruling and cease what they described as “hostile and aggressive” actions.
“Almost a decade after the Philippines’ victory, the People’s Republic of China (PRC) has failed to respect and comply with the ruling,” according to House Resolution No. 192. “Worse, in direct defiance of the 2016 ruling, the PRC has consistently conducted hostile and dangerous naval, coast guard and aerial operations throughout the West Philippine Sea.”
The resolution was backed by Mr. Diokno, Party-list Reps. Leila M. de Lima, Percival V. Cendana, Dadah Kiram Ismula, Nathaniel M. Oducado and several district representatives including Loreto S. Amante of Laguna, Adrian Michael A. Amatong of Zamboanga del Norte and Arlene J. Bag-ao of Dinagat Islands.
Ms. De Lima said the Philippine delegation to the UN General Assembly should bring the issue to the floor despite China’s permanent seat on the Security Council.
“What’s important is that the world knows that we won the arbitral ruling,” she told reporters. “Even if there are such challenges… it should not stop us.”
The UN General Assembly can deliberate on political, economic, humanitarian, social and legal issues, according to the UN website, though it does not have the binding powers of the Security Council.
Meanwhile, Senator Panfilo M. Lacson warned of what he described as a “widespread” espionage network involving operatives from China’s People’s Liberation Army (PLA). At a Senate defense hearing, he said sleeper agents and PLA members were active in the Philippines.
Authorities earlier this year arrested several Chinese nationals suspected of spying on military bases and government facilities.
Senate Minority Leader Juan Miguel F. Zubiri, at the same hearing, cautioned against accepting donated equipment from other countries, citing risks of hidden spyware. “All they need is access to your computer, [then] they can open the cameras on your phone and laptops and tap into our closed-circuit television equipment,” he said in Filipino.
The Senate is reviewing proposals to update the country’s 83-year-old anti-espionage law. Defense Secretary Gilberto C. Teodoro, Jr. had urged Congress to pass amendments to punish espionage even during peacetime, noting that existing laws only apply during wartime.
