Magdalo party-list Rep. Gary Alejano might not precisely have dedicated “an act of stupidity”– as claimed by House Speaker Pantaleon Alvarez– when he filed an impeachment case towards President Rodrigo Duterte.
Far Eastern University Institute of Law dean Mel Sta. Maria raised the query of who dedicated the real act of stupidity because the impeachment case towards Duterte might attain the International Criminal Court (ICC).
In his March 20 column for Interaksyon.com, Sta. Maria defined that Article 17 of the Rome Statute, to which the Philippines is certain, offers that the ICC has jurisdiction to strive a case if it discovered that “a state is unwilling or unable genuinely to carry out the investigation or prosecution” towards the accused.
“There is ‘unwillingness’ or ‘inability’ when it is proven that the national decision not to prosecute ‘is for the purpose of shielding the accused from criminal responsibility’ for crimes under the jurisdiction of ICC…,” he mentioned.
Sta. Maria mentioned Alejano’s allegation in his impeachment grievance that Duterte dedicated excessive crimes and betrayed public belief by “adopting a state policy” of inducing extrajudicial killings “of more than 8,000” drug suspects represent mass homicide, which ICC has the jurisdiction to strive.
In the occasion that Duterte’s allies within the House junk the impeachment grievance with none effort to examine, Sta. Maria mentioned ICC might enter the image and assume jurisdiction over the case.
In this gentle, FEU Law’s dean asks: “Will Speaker Pantaleon Alvarez still consider the complaint of Representative Gary Alejano an act of stupidity? Or, considering the long-term repercussion of the impeachment complaint as reaching the ICC and therefore more damaging to the President, was the Speaker’s trivialization of the complaint the real act of stupidity?”