Del Rosario: Retired Justice Carpio to Join in ICC Complaint Against China
Former Foreign Affairs (DFA) Secretary Albert Del Rosario confirmed on Wednesday that retired Supreme Court Senior Associate Justice Antonio Carpio will serve as the Philippines’ counsel in the complaint against China before the International Criminal Court (ICC).
“Justice Carpio is a legal luminary with unparalleled wisdom and expertise in the South China Sea issue and he will surely bolster our efforts in the ICC,” Del Rosario said in a webinar organized by Stratbase ADR Institute.
The former DFA secretary said that they will be submitting additional information to the ICC prosecutor within the week.
He said that the complaint to the ICC includes alleged crimes that Chinese president Xi Jin Ping and other Chinese officials committed in the Philippines’ exclusive economic zone (EEZ) and in Philippine territorial waters.
Del Rosario said that the Chinese military’s illegal reclamations and artificial island building on Subi Reef were done within Philippine territory.
He also said that a hostile blockade by China at Scarborough Shoal prevents Filipino fishermen along the coast of Luzon from pursuing their livelihood.
Del Rosario added that over 322 Chinese military vessels were operating in Philippine waters and near the shores of Pag-asa Island since 2018.
“These illegal Chinese activities are meant to intimidate Filipinos, harass those Filipinos living in Pag-asa and prevent fishermen from pursuing their livelihood,” he said.
The former DFA secretary also said that the ramming of Filipino fishing boat GemVer near Recto Bank falls within ICC jurisdiction as a crime committed by China against a Philippine registered vessel.
Also named in the complaint are the executives of state-owned construction company China Communications Construction Company (CCCC). The company and its subsidiaries were recently confirmed to be involved in Chinese reclamation and artificial island building in the West Philippine Sea.
“These facts are straightforward because they are based on publicly available evidence and a number of them have been judicially vetted in the South China Sea arbitration. We therefore believe that ICC has a strong basis to proceed with our case,” Del Rosario said.
He also said that the end purpose of the ICC case is to hold Chinese president Xi Jin Ping and other Chinese officials criminally liable and be penalized by imprisonment as required by the ICC Statute.
“They planned it, they implemented it, and they continue to commit their crimes against Filipinos and all the coastal inhabitants of the South China Sea,” Del Rosario said.
He added that, as the case progresses, warrants of arrests may be issued against individuals proven responsible for committing the crimes.
“This effectively prevents persons like Xi Jin Ping and Wang Yi from travelling to ICC state parties like a number of European countries, Australia, Japan, and the Republic of Korea because such countries will be obligated by the ICC statute to enforce the arrest warrants against them,” he said.
Del Rosario also urged neighboring Southeast Asian countries to submit similar complaints to the ICC to hold Chinese officials accountable.
“We pursue this case on the premise that we Filipinos should not sit idly by as China continues to flagrantly destroy our rights. Through our private efforts, we continue to work to protect our country’s rights and to make China pay for its atrocities against the Filipino people,” he said.
“Justice Carpio is a legal luminary with unparalleled wisdom and expertise in the South China Sea issue and he will surely bolster our efforts in the ICC,” Del Rosario said in a webinar organized by Stratbase ADR Institute.
The former DFA secretary said that they will be submitting additional information to the ICC prosecutor within the week.
He said that the complaint to the ICC includes alleged crimes that Chinese president Xi Jin Ping and other Chinese officials committed in the Philippines’ exclusive economic zone (EEZ) and in Philippine territorial waters.
Del Rosario said that the Chinese military’s illegal reclamations and artificial island building on Subi Reef were done within Philippine territory.
He also said that a hostile blockade by China at Scarborough Shoal prevents Filipino fishermen along the coast of Luzon from pursuing their livelihood.
Del Rosario added that over 322 Chinese military vessels were operating in Philippine waters and near the shores of Pag-asa Island since 2018.
“These illegal Chinese activities are meant to intimidate Filipinos, harass those Filipinos living in Pag-asa and prevent fishermen from pursuing their livelihood,” he said.
The former DFA secretary also said that the ramming of Filipino fishing boat GemVer near Recto Bank falls within ICC jurisdiction as a crime committed by China against a Philippine registered vessel.
Also named in the complaint are the executives of state-owned construction company China Communications Construction Company (CCCC). The company and its subsidiaries were recently confirmed to be involved in Chinese reclamation and artificial island building in the West Philippine Sea.
“These facts are straightforward because they are based on publicly available evidence and a number of them have been judicially vetted in the South China Sea arbitration. We therefore believe that ICC has a strong basis to proceed with our case,” Del Rosario said.
He also said that the end purpose of the ICC case is to hold Chinese president Xi Jin Ping and other Chinese officials criminally liable and be penalized by imprisonment as required by the ICC Statute.
“They planned it, they implemented it, and they continue to commit their crimes against Filipinos and all the coastal inhabitants of the South China Sea,” Del Rosario said.
He added that, as the case progresses, warrants of arrests may be issued against individuals proven responsible for committing the crimes.
“This effectively prevents persons like Xi Jin Ping and Wang Yi from travelling to ICC state parties like a number of European countries, Australia, Japan, and the Republic of Korea because such countries will be obligated by the ICC statute to enforce the arrest warrants against them,” he said.
Del Rosario also urged neighboring Southeast Asian countries to submit similar complaints to the ICC to hold Chinese officials accountable.
“We pursue this case on the premise that we Filipinos should not sit idly by as China continues to flagrantly destroy our rights. Through our private efforts, we continue to work to protect our country’s rights and to make China pay for its atrocities against the Filipino people,” he said.
