The International Criminal Court in The Hague, the Netherlands. Photo courtesy of ICC website
MALAYBALAY CITY (MindaNews / 10 March) – The Office of the Prosecutor of the International Criminal Court (ICC) has drafted a policy on cyber-enabled crimes under the Rome Statute, which it has opened to the public for comments, the Office said in a statement on Friday last week.
It said it is encouraging comments on the draft policy from States Parties, civil society, interested private sector corporations, and other organizations with particular expertise in this area “to advance accountability for crimes under the Rome Statute enabled by conduct in cyberspace.”
“The forthcoming policy paper draws on the crimes in the Rome Statute, considered in the context of principles and rules of international law more broadly. It will contribute to the growing body of materials seeking to affirm the international law standards governing cyber operations, and to further clarify the manner of their application,” it said.
The Rome Statute, the treaty that created the ICC, covers the crimes of genocide, war crimes, crimes against humanity, and aggression.
Among other objectives, the forthcoming policy seeks to demonstrate that the Office’s mandate will not be outpaced by technology, and that the Statute remains relevant to the criminal conduct of persons within the Court’s jurisdiction irrespective of the technological means they might employ.
“The tools used to commit serious international crimes constantly evolve—from bullets and bombs to social media, the internet, and perhaps now even artificial intelligence. As states and other actors increasingly resort to operations in cyberspace, this new and rapidly developing means of statecraft and warfare can be misused to carry out or facilitate war crimes, crimes against humanity, genocide, and even the aggression of one State against another. International criminal justice can and must adapt to this new landscape,” according to ICC Prosecutor Karim A.A. Khan.
The Philippines is currently undergoing investigation for alleged crimes against humanity linked to the bloody “war on drugs” during the Duterte administration. The investigation covers the period between 1 November 2011 and 16 March 2019, or including some of the years that former President Rodrigo Duterte served as mayor of Davao City.
The Philippines, a State party to the Rome Statute since 1 November 2011, withdrew from the Statute on 17 March 2018. The country’s withdrawal took effect on 17 March 2019.
Over the weekend, some news outlets reported that Duterte and his family went to Hong Kong amid rumors that the ICC has issued an arrest warrant against him.
His camp clarified that the former leader and his daughter, Vice President Sara Duterte, were there to address a campaign rally for their senatorial candidates attended by overseas Filipino workers.
Justice Assistant Secretary Mico Clavano said Monday that they have received no notice of warrant of arrest against Duterte.
A check on the ICC website at 4:30 p.m. on Monday showed that the latest development concerning the Philippines was the Court decision dated 18 July 2023, denying the Philippine government’s appeal against the resumption of investigation into the Philippine situation. (H. Marcos C. Mordeno / MindaNews)
