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After the International Criminal Court announced that Duterte was now under Preliminary Examination in preparation for a preliminary investigation, Duterte announced the other day that the Philippines is now withdrawing from the ICC and its obligations under the Rome Statute. The next day (yesterday) a 15-page a press statement such “withdrawal from the ICC” was distributed — without yet any formal instrument … because … no one has drafted the formal instrument…
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From Rappler, Pia Ranada: “(O)fficials in Malacañang were caught unawares by the release of Duterte’s 15-page and 3-page press statements declaring withdrawal from the ICC (International Criminal Court) xxx
“According to sources in the Palace, Duterte’s “press statements” never went through the Office of the Executive Secretary, an office that typically drafts documents with legal impact. xxx
“There was no formal announcement by Presidential Spokesperson Harry Roque nor any press conference by Duterte himself. A document with such an impact on foreign relations also did not emanate from the Department of Foreign Affairs.
“Instead, hard copies of the statements were distributed by Chief Presidential Legal Counsel Salvador Panelo to reporters in Malacañang on Wednesday afternoon.
“He distributed a 3-page document and a 15-page one, both without any official markings like a presidential seal or even Duterte’s signature. Panelo explained that the shorter statement was a condensed version of the larger document, which reads like a position paper.
“Both, he later on said, were press statements from Duterte himself. xxx
“Executive Secretary Salvador Medialdea had no hand in drafting the statements, according to a reliable source. Roque, Duterte’s own official spokesman, said that while he confirmed Duterte’s directive to withdraw from the ICC, he had not seen the statements before they were publicized.
” “No, I knew about the directive only,” he told Rappler. xxx
“In the statement, he cited other defenses: presidential immunity, right to due process, a politicized ICC, and legitimacy of police anti-drug operations and actions. xxx”