But the best option, according to De Lima, is for the Marcos government to return the Philippines as an ICC member
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De Lima, a former lawmaker and Commission on Human Rights chairperson, said that the domestic International Humanitarian Law or Republic Act 9851 allows Philippine authorities to give way to the ICC with or without membership in the ICC. There’s been a long-winding debate on whether the Philippines has an obligation to cooperate with the ICC, seeing that we are no longer members since Duterte ordered the withdrawal in 2018, which became effective in 2019.that the investigation can continue, but it’s a different question altogether if Philippine authorities will enforce the ICC’s orders because the court does not have its own police powers. President Ferdinand Marcos Jr.
Section 17 of the IHL further says: “Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.”, it doesn’t mean relinquishing our jurisdiction over them, but rather just letting the international body finish its proceedings first.
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