3 Outside the Margin for Error:

The Invalidity of the Philippines’ Withdrawal from the Rome Statute

In: Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 33 (2020)
Gemmo Bautista Fernandez
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This article submits that the Philippines’ withdrawal from the ICC is invalid under municipal law and ineffective under international law. Notwithstanding the silence of the Philippine Constitution, the principles embodied under it do not allow for a unilateral executive withdrawal from the Statute. Nothing under the president’s plenary executive or foreign affairs power allows him to perform such an act. Moreover, the doctrines of transformation, separation of powers, and the principle of checks and balances require a concurrent legislative act in denouncing a treaty. The withdrawal being invalid under municipal law, it arguably produces no effect under international law. While the regime governing the law of treaties is silent as to the effect of domestic law concerning the competence of a state organ to withdraw, there exists ample authority to suggest that fundamental violations under the latter invalidate the competence to denounce treaties under the former.

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