Malacañang is convinced that the case filed against Chinese President Xi Jinping before the International Criminal Court (ICC) will not prosper due to the issue of jurisdiction.
Former Foreign Affairs Sec. Albert del Rosario and former Ombudsman Conchita Carpio-Morales filed crime against humanity against Xi, Foreign Minister Wang Yi and Chinese Ambassador to Philippines Zhao Jianhua in relation to the continuing reclamation activites and militarization of Beijing in the disputed territories at South China Sea.
Presidential Spokesman Salvador Panelo said he understands the concern and basis of Del Rosario and Morales in filing the said complaint but doubts it will prosper because China, like the Philippines is not a member of ICC.
“Former Ombudsman Conchita Carpio-Morales and former Foreign Affairs Secretary Albert del Rosario may have the right to file the complaint against Chinese President Xi Jinping before the International Criminal Court (ICC) as individuals over a perceived violation committed against their country or their countrymen,” Sec. Panelo said in a statement.
The president’s spokesperson also stated that the Rome Statute only covers cases like murder; extermination; enslavement; forcible transfer of population; severe deprivation of physical liberty; torture; rape or sexual slavery; political, racial, religious, ethnic or gender persecution; enforced disappearances; or other inhumane acts causing great suffering or serious injury to physical or mental health and does not include environmental damage.
President Rodrigo Duterte earlier said that ICC cannot investigate Xi because of lack of jurisdiction over China.
He (Duterte) also believes that the case filed by former Philippine officials against President Xi will not in any ways affect the good relations and established friendship between Manila and Beijing.