Legal advisor to the Philippine Embassy at The Hague exposed ICC strategy of the "YELLOWS"
With the dismissal of Magdalo Representative Gary Alejano’s impeachment case in the House of Representatives, the complaint may now be raised to the International Criminal Court (ICC) for investigation and Paula Defensor Knack pointed out a possible strategy that the Yellows are using to bequeath the ICC with the power to arrest President Rodrigo Duterte.
Photo credits: Inquirer
Coupled with Atty. Jude Sabio’s crimes against humanity case, Alejano announced that he will also make a trip to The Hague to submit his impeachment complaint against Duterte on grounds that the local justice committee is “unwilling and unable” to carry out the case.
“The words used by Rep. Alejano "unwilling, unable" are the very words of the Rome Statute which means THEY ARE SEEKING AN EXEMPTION TO THE RULE ON COMPLEMENTARITY,” Knack explained.
To be exempted from the rule on complementarity means that the ICC may “assume jurisdiction and bypass pending domestic criminal proceedings so warrants of arrest could be issued at The Hague.”
Knack suspects that someone is responsible for “coaching” Alejano into bringing the impeachment rap to the ICC so as to present his evidence that was dismissed in the House, as well as present the dismissal of his case as proof that “the justice system no longer functions.”
Article 17 (2) of the Rome Statue undertaken by the ICC determines the unwillingness of a national court to mete out justice when (a) the proceedings or national decision was carried out for the purpose of shielding the person concerned from criminal responsibility, (b) there has been an unjustified delay in the proceedings, or (c) the proceedings are not conducted independently and impartially.
United Nations (UN) Special Rapporteur Agnes Callamard’s testimonies based on the reports on the Commission on Human Rights (CHR) and UN High Commissioner for Refugees (UNHCR), as well as the European Union (EU) Periodic Human Rights Review may solidify the cases raised by Sabio and Alejano.
To add to the surmounting cases being raised against Duterte, Judge Raul Pangalangan from the Inquirer, an alleged anti-Duterte media outfit, sits in the Pre-trial Chamber of The Hague.
In her full post on Facebook, Knack said,
"BE WARNED ! VIRAL !!!!...... pipilitin ng mga Dilaw ang paglabas ng warrants of arrest galing ICC
Question : WHY DID ALEJANO announce a trip to The Hague despite the fact that a complaint was already filed by Atty. Sabio for crimes against humanity for the drug war before the ICC ?
ANSWER : LAWYERS - Check Art. 17(2) and (3) of the Rome Statute. Alejano is being coached by someone inside the ICC.
The words used by Rep. Alejano "unwilling, unable" are the very words of the Rome Statute which means THEY ARE SEEKING AN EXEMPTION TO THE RULE ON COMPLEMENTARITY in the Rome Statute, and therefore, would ask that the ICC assume jurisdiction and bypass pending domestic criminal proceedings so warrants of arrest could be issued at The Hague.
They will use a new complaint filed by Alejano or use his testimony as evidence that the justice system no longer functions. They will also present news articles, the impeachment video of the House impeachment court and the video of Alejano showing serious frustration (and acting it out - see news article below) while calling Pres. Duterte a dictator and the fact that he was not allegedly allowed to speak before the impeachment court as evidence of "UNWILLING AND UNABLE" provision on admissibility under the Rome Statute AND the recommendation for investigation by the EU Periodic Human Rights Review and the testimony of Agnes Callamard on the findings of CHR and the UNHCR .
They would then seek Confirmation of Charges for crimes against humanity based on the joint complaints of Atty. Sabio and Rep. Alejano before the Pre-Trial Chamber where Inquirer publisher Judge Raul Pangalangan sits. His student is in the Office of the Prosecutor of the ICC.
Rome Statute : https://www.icc-cpi.int/…/EA9AEF…/0/Rome_Statute_English.pdf
Alejano and the use of the words "UNWILLING" and "UNABLE" and his frustration, statements calling Pres. Duterte a dictator http://news.abs-cbn.com/…/house-unwilling-unable-to-go-afte…
Legal advisor to the Philippine Embassy at The Hague exposed ICC strategy of the "YELLOWS" Reviewed by Newsinfo Learn on May 16, 2017 Rating: