The justices voted unanimously to junk the petition “for being moot and academic,” the 15-member high court announced in a statement on Tuesday.
Opposition senators, as well as the group Philippine Coalition for the International Criminal Court, urged the high court to invalidate the President’s move, saying it should not be done without Senate concurrence. The Supreme Court said it acknowledges that although the President is chief architect of foreign policy, he is still"subject to the Constitution and existing statute.” This decision was penned by Associate Justice Marvic Leonen but has not been released.
Under the Rome Statute, a state may withdraw from the ICC upon a written notification addressed to the Secretary-General of the United Nations. However, the pullout cannot prejudice any matter that was already under consideration of the tribunal before the withdrawal. This is why the ICC went on with its preliminary examination of Duterte’s bloody war on drugs.
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