What are the chances of the revived communication against Chinese President Xi Jinping in the International Criminal Court (ICC)?
All stakes hinge on one thing – jurisdiction.
The powerhouse duo of former ombudsman Conchita Carpio Morales and former foreign secretary Albert del Rosario accuse Xi of crimes against humanity for harassment of Filipino fishermen and environmental degradation in the West Philippine Sea.
But before the scrutiny of these facts, the suit must overcome big stumbling jurisdictional blocks.
It is all kinds of complicated, from the bounds of Philippine territorial waters as recognized in international law, to the scope of the ICC’s criminal jurisdiction on non-state parties like China.
They also have an additional member to the team – no less than retired Supreme Court senior associate justice Antonio Carpio, one of the leading Philippine authorities on the West Philippine Sea.
In this episode, we talk to Professor Romel Regalado Bagares, who teaches international law at the Lyceum University of the Philippines and San Sebastian College Recoletos Graduate School of Law.
Bagares is also the lead counsel for the Philippine coalition on the ICC in a pending petition before the Supreme Court against President Rodrigo Duterte’s unilateral withdrawal from the ICC.
Listen to past episodes:
- Episode 1 Part 1: Supreme Court’s most controversial decisions
- Episode 1 Part 2: Department of Justice’s evolving definition of warrantless arrests
- Episode 2: The rule of law in the time of the coronavirus
- Episode 3: Pandemic and the great wall of free speech
- Episode 4: Will petition to disclose Duterte health work?
- Episode 5: Legal difficulties of a prisoner mass release
- Episode 6: Breaking down the ABS-CBN franchise legal and political issues
- Episode 7: ABS-CBN and the 3 tangled branches of government
- Episode 8: Are extraordinary writs still effective in the time of Duterte?
- Episode 9: Dissecting anti-terror bill and threats to freedoms
- Episode 10: The problems with the Cybercrime Law
- Episode 11: Can we trust the gov’t panel probing drug war deaths?
- Episode 12: Why press freedom is legally protected
- Episode 13: What is People’s Initiative and will it work for ABS-CBN?
- Episode 14: The new push for death penalty
- Episode 15: A State of terror
- Episode 16: GCTA’s thorn – Do bad men deserve good things?
- Episode 17: Policies beyond body count of Duterte’s drug war
If you have tips and suggestions for episodes, email the host at email@example.com. – Rappler.com