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Ex-DFA chief Del Rosario, Morales sue China’s Xi at ICC

buddywbuddyw Member ✭✭✭
edited March 21 in Local and Foreign Issues

Ex-DFA chief Del Rosario, Morales sue China’s Xi at ICC


MOVE MADE ON BEHALF OF FILIPINO FISHERS ‘PERSECUTED AND INJURED’ BY BEIJING’S AGGRESSIVE ISLAND-BUILDING


MANILA, Philippines — In an unusual move, two former high-ranking Philippine government officials have filed a case against Chinese President Xi Jinping before the International Criminal Court, saying the “atrocious actions of Chinese officials in the South China Sea and within Philippine territory’’ constitute crimes against humanity that the ICC can prosecute.

Foreign Secretary Albert del Rosario and former Ombudsman Conchita Carpio Morales filed the complaint, technically called a communication, on behalf of Filipinos and the hundreds of thousands of Filipino fishermen “persecuted and injured’’ by China’s aggressive island-building and occupation of islands in the West Philippine Sea.

In implementing China’s systematic plan to take over the South China Sea, President Xi Jinping and other Chinese officials have committed crimes within the jurisdiction of the Court which involve massive, near permanent and devastating environmental damage across nations,’’ the two former officials said in a communication filed with the ICC before the Philippines withdrew from the Rome statute on March 17.

“The situation presented is both unique and relevant in that it presents one of the most massive, near permanent and devastating destruction of the environment in humanity’s history, which has not only adversely affected and injured myriad groups of vulnerable fishermen, but present and future generations of people across nations,’’ they said in the communication.

“This has seriously undermined the food and energy security of the coastal states in the South China Sea, including the Philippines,’’ they added.

They said the grave consequences of the Chinese actions justify the involvement of the ICC as one of its principles provide that “the most serious crimes of concern to the international community as a whole must not go unpunished and their effective prosecution must be ensured.’’

“Though widely publicized, these atrocious actions of Chinese officials in the South China Sea and within Philippine territory remain unpunished, and it is only the ICC that can exact accountability on behalf of Filipinos and the international community, respecting the rule of law,’’ they said.

“We urge you to initiate a preliminary examination on this matter, if only so the Court can apprise itself of Chinese crimes committed not only against the Filipino people but also against people of other nations, which crimes are already known to the international community,’’ they said.

Del Rosario told the Inquirer that the communication was filed at the office of ICC Chief Prosecutor Fatou Bensouda on March 15, two days before the withdrawal of the Philippines from the Rome Statute took effect.  President Rodrigo Duterte ordered the withdrawal after the ICC opened in February 2018 a “preliminary examination’’ of the crimes against humanity case against him in connection with the bloody war on drugs.

Bensouda stood pat on the ICC’s proceedings against Mr. Duterte even after the withdrawal, saying the court “retains its jurisdiction over crimes committed during the time in which the state was party to the statute.’’


Del Rosario told the Inquirer their representatives filed the communication with Bensouda’s office well before the Philippine withdrawal took effect.

The communication included a 17-page outline of how Xi and other Chinese officials committed crimes against humanity in “implementing China’s systematic plan to control the South China Sea’’ and included testimonies of Filipino fishermen deprived of their livelihood.

They said the ICC’s preliminary examination can be facilitated by the fact that much of the evidence they presented were widespread, highly publicized incidents of Chinese incursions and included those that were already judicially vetted when the Philippines won the South China Sea arbitration against China at the United Nations Arbitral Tribunal in 2016.

The attachments included photos of Chinese bases that were exclusively published by the Inquirer in February last year.

In filing the case, Del Rosario and Morales presented documented cases of Chinese blockade of fishermen in the disputed waters, Chinese destructive fishing activities and dozens of instances where China built military installations on contested islands.

They cited the 1987 China installation of a weather radar in Fiery Cross, seizure of Subi Reef in 1988, occupation of Mischief Reef in 1995 and of Scarborough Shoal in 2012, as well as occupation of islands claimed by Vietnam and Malaysia. They said that from 2013, China has started massive illegal reclamations and building of air and naval bases on seven features in the Spratlys. They said one of the military bases has an anchorage larger than Hawaii’s Pearl Harbor.

The case named as “perpetrators’’ Xi, President and leader of China’s Communist Party, foreign minister and state councilor Wang Yi (as primary promoter of China’s plan in the South China Sea, and as such he defends, promotes and facilitates the crimes) and Zhao Jinhua, Chinese ambassador to the Philippines.

They said Xi has been reported to have, over the past several years, “ordered engineers to pile sand onto some of the sea’s disputed offshore reefs, mostly in the Spratlys, with the apparent goal of building military bases these.’’ Under Xi’s command, they said, Beijing has “provided military training and sophisticated communication technology to its fishermen so they can call in the coast guard if they have a run-in with a foreign law enforcement vessel or alert the coast guard of the presence of fishermen from other countries.’’

They said that Zhao wrote in a local paper that China and the Philippines are “separated by only a narrow strip of water, and have been close neighbors for centuries.’’

“This is a continued assertion of China’s unlawful and expansive nine-dash line claim in the South China Sea because the Philippines and China are not ‘separated by only a narrow strip of water’ but instead, by a distance of approximately 580 nautical miles…’’ they said.

They said China’s blockade against Filipino and other fishermen, and tolerance of illegal, unreported and unregulated fishing by the Chinese, directly caused food and livelihood deprivation to as many as 350,000 Filipino fishermen.

They cited the testimonies of fishermen Crispen Talatagod, Tolomeo Foreones and Jowe Legaspi earlier submitted to the UN arbitral tribunal.

They said the Chinese actions would result in a “fisheries collapse’’ and food shortage over several nations around the disputed waters.

Del Rosario was head of the Department of Foreign Affairs from 2011 to 2016 when the Philippines filed and won a case an arbitration case against China. The tribunal affirmed the Philippines’ “exclusive sovereign rights over the West Philippine Sea’’ and invalidated China’s nine-dash line in the disputed South China Sea. Morales was Ombudsman from 2011 to 2018.  Both have incurred the ire of Mr. Duterte for their strong stand against issues that are sometimes against his policies.



Comments

  • buddywbuddyw Member ✭✭✭

    Del Rosario welcomes Duterte’s ‘thoughtful reply’ on ICC case vs Xi

    MANILA, Philippines — Former Foreign Affairs chief Albert Del Rosario has welcomed what he called a “thoughtful reply” of President Rodrigo Duterte on their complaint before the International Criminal Court (ICC) against Chinese President Xi Jinping over intrusions in the West Philippine Sea.

    Del Rosario and former Ombudsman Conchita Carpio Morales filed a “crime against humanity” case against Xi at ICC over “atrocious actions” of the Chinese government within Philippine territory.

    Duterte, who has engaged China “peacefully” on years-long maritime dispute, said the two former government officials were “entitled” to submit their complaint against the Asian powerhouse.

    He also said the ICC complaint against Xi will not affect the Philippine-China relations.

    “In this regard, we would like to thank our President for his thoughtful reply,” Del Rosario said in a statement on Friday.

    Del Rosario, who served as the country’s top diplomat from 2011 to 2016, then explained why they launched the complaint just now.

    The communication was officially transmitted at the office of ICC Chief Prosecutor Fatou Bensouda on March 15, just two days before the withdrawal of the Philippines from the Rome Statute – which created ICC – took effect.

    “The question that might be asked of us is why are we just now submitting the communication to the ICC to help our poor fishermen,” Del Rosario said.

    “Given the accommodating stands taken by the current leadership towards China, we were expecting that Beijing would reciprocate this good will.”

    “Time, however, has shown otherwise,” he added.

  • knorrknorr 8anned by Abmin PExer
    edited March 23
    .                                  .




  • buddywbuddyw Member ✭✭✭

    Duterte Backs Xi as Ex-Philippine Officials Allege China Crimes

    https://www.bloomberg.com/news/articles/2019-03-22/duterte-backs-xi-as-ex-philippine-officials-allege-china-crimes?fbclid=IwAR30rUtyVdmJ4tDcsporxoDdMDGXVgW7Yzpl-uI25YH9IyJZ6bgV074PtV4

    Philippine President Rodrigo Duterte defended Xi Jinping after accusations the Chinese leader committed crimes against humanity with his country’s actions in the South China Sea, drawing a praise from China.

    Duterte said the International Criminal Court in The Hague, where two former Philippine officials have sued Xi, doesn’t have any authority over China. Duterte also assured that the two nations’ relationship remained warm.

    “I would say that there is no jurisdiction over this country, and especially over China,” Duterte told reporters Thursday night. “China is not a member of the International Criminal Court.” The complaint was filed on March 13, four days before the Philippines withdrew from the ICC that’s been probing thousands of deaths in Duterte’s drug war.

    Chinese Foreign Ministry spokesman Geng Shuang responded to the complaint by applauding Duterte’s defense of Xi and describing the situation in the disputed sea as “stable and heading for the better.” “A few individuals in the Philippines cannot stir up big trouble,” Geng said at a regular briefing.

    • Former Philippine Foreign Secretary Albert del Rosario and ex-Ombudsman Conchita Carpio Morales filed a complaint before the ICC, accusing Xi of crimes against humanity for implementing China’s “systematic plan to control” the sea. They alleged that Xi “undermined the food and energy security” of other nations and caused “devastating destruction of the environment.”
    • China and the Philippines have overlapping claims over parts of the South China Sea, through which vast amounts of trade passes and which holds promising oil and natural gas reserves. Vietnam, Malaysia, Brunei and Taiwan also claim parts of the maritime area.
    • Vietnam is also demanding compensation from China after a Chinese coastguard ship fired water cannon at Vietnamese fishermen near Paracel Islands on March 6, eventually sinking the vessel, according to a report by Vietnam News.
    • China’s Foreign Ministry said that the Vietnamese boat was already sinking when the incident happened. China also urged Vietnam to stop “illegal” fishing.
    • Manila won an arbitration case against Beijing in July 2016 which nullified China’s expansive claims over the sea. But Duterte has set the ruling aside, opting to forge closer ties with China and tap its loans for infrastructure projects.



  • BeerhandBopBeerhandBop I Am WHIP ✭✭✭
    to be honest, i don't know if they have the right to file a case . but good on them. sana may merit yung case nila. 
  • buddywbuddyw Member ✭✭✭

    Morales: Xi under ICC jurisdiction for committing crimes within PH territory


    MANILA, Philippines — Chinese President Xi Jinping supposedly committed a crime within Philippine territory, putting him under the jurisdiction of the International Criminal Court (ICC).

    Former Ombudsman Conchita Carpio Morales stressed this on Friday to defend the complaint they recently filed before the ICC against China’s “atrocious actions” in the South China Sea.

    Morales and former Foreign Affairs Secretary Albert del Rosario filed the complaint, technically called a communication, on behalf Filipino fishermen who were “persecuted and injured” by China’s aggressive island-building and occupation in the West Philippine Sea.

    “The one who committed the crime does not have to belong to a country who is a state party to the ICC,” Morales said in a press briefing.

    “We have jurisdiction over Mr. Xi because he committed the crime within Philippine territory,”

    China is not a member of the ICC. But the communication was officially filed at the office of ICC Chief Prosecutor Fatou Bensouda on March 15, just two days before the withdrawal of the Philippines from the Rome Statute – which created ICC – took effect



  • peterinpeterin Member ✭✭✭

    Panelo manloloko at campo  ni president lying? 

     

    Sinabi na nga sa Contrata na in arbitration, sa Chinese court paguusapan at de desisyunan, na kung di mag aagree sa third decision maker, Chinese ang pipili, iginigiit pang kesyo hindi mangyayaring mapasa  China ang Red Bank or what ever she chooses.  Marunong ba silang umintindi?  O malinaw na panloloko ng harap harapan?

     

    Ang pag-asa ng Pinas ay mabayaran  ASAP para hindi ma enforce ang “mortgage”.  Pero, Ang China mas interesadong makuha ang “patrimonial properties’ ng Pinas kesa pera; so syempre, it is in their interest perhaps to see the economy of the Philippines in ruins so that PHL will not be able to pay the loan, and then they can pick up the collaterals;

     

    How? Consider pushing the Philippines in a protracted war – civil or against other countries, or by ruining her economy in any destructive way.  War against Malaysia, Indonesia, Vietnam or Brunie.  China will defend the President, right?

     

    ****************  ****************

     

    The contract is basically a mortgage.  It is not in the box mortgage wording in the Philippines because of a number of reasons.  Now, if this is a mortgage, does the President have the power to risk in a mortgage the country’s patrimony, without concurrence of Congress, or constitutional amendment?

     

    ****************    *****************

     

    If the president does not have that power, is this a ground for impeachment?  Well, impeachable offense or not, impeachment does not have a chance to prosper because of obvious reasons.


  • buddywbuddyw Member ✭✭✭

    Duterte to Chinese official: PH gov't had no hand in ICC case vs. Xi

    Metro Manila (CNN Philippines, March 28) — President Rodrigo Duterte welcomed a ranking Chinese official during a courtesy call in Davao City Wednesday.

    Song Tao, Minister of the International Department of the Communist Party of China (IDCPC) Central Committee, along with other delegates from China met with the President at the Matina Enclaves.

    According to the Presidential Communications Operations Office (PCOO), Duterte and Song discussed "issues that would further strengthen the relationship between the two countries," as well as matters of mutual interest including the West Philippine Sea.

    During the meeting, the President clarified his administration had no hand in the recent filing of a case by former government officials against Chinese President Xi Jinping at the International Criminal Court.

    Duterte, however, clarified the Philippines is a democracy and therefore "cannot stop people from just filing cases."

    It was unclear how Song responded to the President's statement. No further details on the meeting have been released.

    Last week, former Department of Foreign Affairs (DFA) Secretary Albert del Rosario and former Ombudsman Conchita Carpio-Morales filed a communication before the International Criminal Court outlining the crimes Chinese President Xi Jinping and other Chinese officials supposedly committed in their "systematic plan to control" the South China Sea.

    After learning of the filing, Duterte said both former officials were "entitled" to file the case.

    "They are Filipino citizens. And I think we just also have to defend our position vis-a-vis sa kanila. They think they have a good case, and I would say that there is no jurisdiction over this country and of China. Mas lalo na sa [Especially with] China. We will just go along that line," he said.

    However, the President added whether the case would prosper or not was a different matter.



  • pollywogpollywog ...just because ✭✭✭

    Aquino, Del Rosario begged US to use its military in Scarborough crisis


    Just go to court and pass EDCA, Americans responded
    IF not for the US leaders’ pragmatism and cool-headedness, President Aquino 3rd and his foreign secretary Albert del Rosario could have dragged it into a war against China on the South China Sea, a conflict that could have even triggered a nuclear war between the two superpowers— just to cover up their bungling of the Scarborough Shoal crisis.

    In April 2012, Chinese civilian-government and fishing vessels went to their fishermen’s succor at Scarborough Shoal (Bajo de Masinloc or Panatag Shoal) when the Philippine Coast Guard and Bureau of Aquatic Resources accosted them for alleged illegal fishing. Aquino ordered to the shoal the Navy’s biggest warship, acquired only a year earlier, the BRP Gregorio del Pilar to board the fishermen’s vessels to take them in.

    That was a big boo-boo. China pounced on Aquino’s blunder by loudly protesting that the Philippines had “militarized” the dispute, and that “Philippine warships” were detaining its helpless fishermen.

    Cleverly, China did not respond by sending its own warships, even as several of its modern frigates were on alert stand-by just over the horizon. It instead undertook a sea-borne version of people power by having over 60 Chinese fishermen’s vessels—escorted by some six civilian government vessels—to the shoal. The Chinese and Filipinos vessels were then locked in a stand-off that lasted for about six weeks from late April to May 2012, with each party aware that whoever blinks, or withdraws from the shoal, will lose it – forever, as it were.

    Diplomatic sources here and abroad disclosed that Aquino and del Rosario begged the US to intervene in the conflict, by sending its warships to the area to send the message to China that it would defend the Philippines’ vessels if attacked.

    Del Rosario and defense secretary Voltaire Gazmin rushed to Washington, D.C. on April 30, as the crisis that started on April 10 seemed to go against the Philippines, to meet with US Secretary of State Hillary Clinton and Defense Secretary Leon Panetta. Del Rosario invoked Clinton’s statements a year earlier that the US would stand by its 1951 Mutual Defense Treaty that requires it to defend the Philippines in case of attack by any foreign power on its military forces.

    Del Rosario even issued an official statement on May 9, 2012, a few days after his meeting with Clinton, in which he declared that “US officials have publicly declared four times that it would honor the 1951 Mutual Defense Treaty that obliges American troops to help defend the Philippines if it comes under attack.”

    The US embassy in reaction to del Rosario’s claim issued a statement saying that Clinton in their meeting did say that “the United States reaffirms our commitments and obligations under the Mutual Defense Treaty.” Clinton however in several statements instead emphasized that the “US does not take a position in territorial disputes between two countries.”

    Clinton and even the US defense secretary did not respond to del Rosario’s demand for a categorical US commitment that it would come to the Philippines’ defense in case a shooting war breaks out in the Scarborough crisis.

    We were blissfully oblivious of the Scarborough stand-off when it was happening, with the Yellow newspapers here successfully toning down the crisis, helped by the fact that the burning issue of the day was Aquino’s project to take down Chief Justice Renato Corona.

    There was, however, a clear danger of war breaking out, as Aquino’s mishandling of the Scarborough crisis—reported in China as his deployment of “Philippine warships” against helpless Chinese fishermen—had stoked Chinese nationalist sentiment. “The leadership of the Communist Party of China would have even fallen if they appeared to be soft on the Philippines,” a diplomat said.

    The Chinese of course got wind of del Rosario’s pleading for US military intervention, and escalated its rhetoric.

    Belligerent editorials
    As has been its practice of sending its messages to the world, “editorials” of China’s state-run newspapers were practically calling for war against the Philippines over Scarborough. On April 22, 2012, the editorial of state-owned Global Times urged the Chinese government to engage the Philippines in a small-scale war to end the stalemate once and for all. It stated that “once war erupts, China must take resolute action and deliver a clear message to the outside world that it does not want a war, but definitely has no fear of it.”

    On May 9, the People’s Liberation Army Daily ran a toughly worded editorial saying that China would not tolerate any violation of Chinese sovereignty on Scarborough Shoal. According to the editorial, “Not only will the Chinese government not agree, nor will the Chinese people, and the Chinese Army will disagree even more.” The flurry of threatening editorials from the PLA newspaper underscored its well-known hardline stance when it comes to territorial disputes.

    Unreported in the country were media reports from Taiwan and Japan that alleged that China’s South Sea Fleet had forward-deployed a landing ship flotilla and a naval task force consisting of destroyers and amphibious ships in waters off the Philippines. There were also reports that China had already ordered two submarines to stand by at international waters off Scarborough Shoal.


    US officials, however, rebuffed del Rosario and Gazmin’s pleadings. Clinton and Panetta were worried that the two Philippine officials kept pressing them to give a categorical answer to their question: Will the US military come to the Philippines’ rescue if one of their vessels is attacked by the Chinese?

    That worried the US that Aquino might order his vessels to provoke the Chinese at Scarborough Shoal, in order to get the Americans into the fray, which could have thrown he situation completely out of control, to lead into a full-blown war between two nuclear powers.

    That concern bolsters a narrative I discussed in my column last Friday that it was the US that hoodwinked del Rosario and Aquino into believing that there was an agreement brokered by the Americans for the Chinese to simultaneously withdraw with the Filipino vessels from Scarborough’s lagoon. There wasn’t an agreement, but merely a proposal for such, and del Rosario naively ordered our vessels out of Scarborough June 3.

    Aquino meets Obama
    When del Rosario realized the colossal blunder he made when he ordered the Philippine ships to leave the lagoon, which practically turned over Scarborough to the Chinese, he asked Aquino to request an urgent meeting with then President Obama for a last-resort move to convince the Americans to intervene. Obama reportedly told Aquino in so many words in their meeting on June 8: “We can’t and won’t go to war over this. Just file a case in court, and we’ll help you.”

    Aquino of course obeyed Obama. His government filed an arbitration suit invoking the law of the seas at the Permanent Court of Arbitration in Hague, with a Washington D.C. firm Foley Hoag LLP, and a special team of American lawyers recommended by the State Department handling everything. The work of then Solicitor General Florin Hilbay and his staff was limited to photocopying the US lawyers’ documents.

    The US also cleverly took advantage of the crisis to advance their interest. In the long discussions with their US counterparts in which del Rosario and Gazmin begged for US military intervention, US defense secretary Panetta pointed out that even if the US intervenes militarily, the logistical problem is that with the closure of US military bases in the country in 1991, the American military would find it difficult to supply its ships in the South China Sea. The US officials in effect told Aquino and his officials: “Next time you come running to us begging for our help, you should find a way for our troops to have a logistical base in your country.”

    After that, Aquino rushed the passing of the so-called “Enhanced Defense Cooperation Agreement” that allows the US to rotate troops into the country for extended stays and to operate facilities and stock up war materiel on Philippine military bases. That was one of the most important of his priority bills that Aquino asked Congress to enact.


    https://www.manilatimes.net/aquino-del-rosario-begged-us-to-use-its-military-in-scarborough-crisis/427206/?fbclid=IwAR1-clloO2oqIM8h3coTi2IK1kucnwoFXTz9Xx6wpnXFyFpsweCkIFTmPis










  • gotcha2gotcha2 You dont have to believe me ✭✭✭

    Ang tagal naman bigyan ng position si Tiglao


    :lol:

  • buddywbuddyw Member ✭✭✭

    China monitoring my calls, emails, says Senior SC Justice Carpio


    Supreme Court Senior Associate Justice Antonio Carpio on Thursday said that he was aware that China was monitoring phone calls and emails.

    According to a report in GMA News TV's State of the Nation with Jessica Soho, Carpio made the remark after the power went off at a convention of the Integrated Bar of the Philippines in Iloilo City.

    He was giving a lecture and presenting a video on China's claims in the South China Sea and the arbitral tribunal's 2016 ruling which favored the Philippines when the power outage occurred.

    "I knew that my email and my phone conversations are being monitored by China but I didn't know they have the capability to tinker with our video now," Carpio said.

    GMA News Online is trying to get word from the Chinese embassy as regards Carpio's statement.

    Carpio recently expressed concern over the Chico River irrigation loan agreement between the Philippines and China, saying the latter could seize oil and gas-rich Philippine assets in the West Philippine Sea (WPS) if the country would default on its payments.

    "In case of default by the Philippines in the repayment of the loan, China can seize, to satisfy any arbitral award in favor of China, patrimonial assets and assets dedicated to commercial use of the Philippine government," Carpio said in a presentation shared with reporters.

    Carpio said that this was expected to be the "template" for all other loans to the Philippines.

    He explained that the term "patrimonial assets and assets dedicated to commercial use" includes the oil and gas within the Philippine exclusive economic zone (EEZ) in the WPS.

    "This includes the rich gas fields in Reed Bank," he stressed.

    Palace spokesman Salvador Panelo refuted Carpio's claims and said the Reed Bank was not a patrimonial asset of the Philippines.

    "Hindi pupuwede yung sinasabi niya, kasi wala namang deklarasyon na yung Reed Bank is patrimonial property," he said on Tuesday.

    He, however, acknowledged a day after that there is a law declaring Reed Bank as such.

    “Meron nga, as he said and I agree, meron,” he said.

    Panelo on Wednesday called Carpio "unpatriotic" for pointing out the pro-China provisions in the loan agreement covering the Chico River pump irrigation project.

    Carpio just laughed off Panelo’s claim.
  • knorrknorr 8anned by Abmin PExer
    .                                            .

  • peterinpeterin Member ✭✭✭

    Another thing I am worried about these “mortgages” is if somehow, the Chinese find ways (or planned) to accelerate collection of the loans before contracted due date, like if the Philippines declares bankruptcy. If that happens, that may be construed as inability to pay, and therefore they can pick up our patrimonial assets.  Cannot happen?  Remember, any dispute will be heard in China, and under Chinese jurisprudence.  Me palag ba ng Pinas?


  • lechon xlechon x Olats ✭✭✭
    buddyw said:

    Duterte to Chinese official: PH gov't had no hand in ICC case vs. Xi

    Metro Manila (CNN Philippines, March 28) — President Rodrigo Duterte welcomed a ranking Chinese official during a courtesy call in Davao City Wednesday.

    Song Tao, Minister of the International Department of the Communist Party of China (IDCPC) Central Committee, along with other delegates from China met with the President at the Matina Enclaves.

    According to the Presidential Communications Operations Office (PCOO), Duterte and Song discussed "issues that would further strengthen the relationship between the two countries," as well as matters of mutual interest including the West Philippine Sea.

    During the meeting, the President clarified his administration had no hand in the recent filing of a case by former government officials against Chinese President Xi Jinping at the International Criminal Court.

    Duterte, however, clarified the Philippines is a democracy and therefore "cannot stop people from just filing cases."

    It was unclear how Song responded to the President's statement. No further details on the meeting have been released.

    Last week, former Department of Foreign Affairs (DFA) Secretary Albert del Rosario and former Ombudsman Conchita Carpio-Morales filed a communication before the International Criminal Court outlining the crimes Chinese President Xi Jinping and other Chinese officials supposedly committed in their "systematic plan to control" the South China Sea.

    After learning of the filing, Duterte said both former officials were "entitled" to file the case.

    "They are Filipino citizens. And I think we just also have to defend our position vis-a-vis sa kanila. They think they have a good case, and I would say that there is no jurisdiction over this country and of China. Mas lalo na sa [Especially with] China. We will just go along that line," he said.

    However, the President added whether the case would prosper or not was a different matter.




    EXPLAINING TO THE WRONG BOSS

    Duterte explained to China that PH govt has nothing to do with ICC complaint filed vs Xi over bullying of Filipino fishermen.

    He should be explaining to the Filipino people why he has failed to voice any protest vs China over bullying of Filipino fishermen, destruction of PH reefs, and takeover of PH Sea.


  • TrollmeisterTrollmeister B?nned for trolling PEX ✭✭
    This is an embarassament for Winnie the Pooh!   :rofl: 
  • buddywbuddyw Member ✭✭✭

    Duterte spokesman says there’s nothing wrong if gov’t uses PH assets as collateral in China loans

    Calm down, folks. There’s really nothing wrong with the Philippine government using the country’s assets as collateral in the loans it secured from China. At least that’s what President Rodrigo Duterte’s spokesperson Salvador Panelo wants you to think.

    He said today that using the country’s territories as collateral is no big deal and that these are standard clauses in inter-government loan contracts.

    Panelo’s statement comes a few days after Supreme Court Senior Associate Justice Antonio Carpio said that China could seize the gas-rich Reed Bank in the contested West Philippine Sea if the government fails to pay off a multi-billion loan from the Asian superpower.

    Carpio said that the Philippine government offered any part of the country as collateral for a PHP3.69 billion Chinese loan (US$70.26 million) to fund the Chico River Pump Irrigation project, ABS-CBN News reported.

    According to the Philippine Daily Inquirer, the loan contract was signed in April 2018 and stated: “[I]n case of default by the Philippines in repayment of the loan, China can seize, to satisfy any arbitral award in favor of China, ‘patrimonial assets and assets dedicated to commercial use’ of the Philippine government.”

    Rappler reported that the loan comes with a 2 percent annual interest rate, a “management fee” worth $186,260 (PHP9.78 million), and an annual commitment fee of 0.3 percent.  The loan has been described as onerous by critics of the government who warned that it was a debt trap.

    The project will reportedly irrigate 8,700 hectares of land in Kalinga and Cagayan. However, Carpio warned that if the Philippines fails to pay the loan, the government would end up going into arbitration at the China International Economic and Trade Arbitration Commission in Beijing, which Carpio said the Philippines will likely lose. If the Philippines does, he said China could take the disputed Reed Bank.

    However, Panelo, who also works as the government’s chief legal counsel, dismissed Carpio’s warning and said the Philippines can pay off its loans.

    “I don’t see anything wrong because I know it will never happen; that is precisely why perhaps the economic managers who entered into the contract know that it will never happen,” he was quoted by CNN Philippines saying.

    He also added that it was just natural for China to include a clause in the loan contract that was more favorable to them and unfavorable to the Philippines.

    Yes, he seriously said that. He also said that the Philippines can no longer renegotiate the terms of the contract.

    “When we take out a loan, do we really have a say? When we [take out a] loan from the bank, it’s always the terms of the bank. It’s just natural that they will make sure that they won’t lose out in giving that loan,” Panelo said, according to GMA News.

    Duterte’s government is generally perceived to have pro-China policies with the president even announcing an economic and military split from the United States, one of its oldest allies, to align himself ideologically with China.

    Some critics have assailed the government for this, especially because Duterte has consistently refused to enforce a 2016 ruling which invalidated China’s claim over the West Philippine Sea.




  • buddywbuddyw Member ✭✭✭

    Morales: Panelo misinformed on ICC jurisdiction


    MANILA, Philippines — Hitting back at presidential spokesperson Salvador Panelo's remarks on the communication submitted before the International Criminal Court, former Ombudsman Conchita Carpio-Morales said the Malacañang mouthpiece was misinformed on the matter.

    Panelo earlier said the submission of Morales and former Foreign Affairs Secretary Albert del Rosario asking the ICC to conduct a preliminary examination on China's massive island-building activities in the South China Sea was a "futile exercise."

    The communication accused Xi, Chinese Foreign Minister Wang Yi and Chinese Ambassador to the Philippines Zhao Jianhua or committing crimes "which involve massive, near-permanent and devastating environmental damage across nations."

    Asked if she agrees with the position of the Duterte administration, Morales flatly said

    "He is misinformed or he misread, if at all he read, the Rome Statute," Morales told ANC's "Headstart" Tuesday morning.

    Morales stressed that the crime was committed within Philippine territory while the country was a member of the Rome Statute that established the ICC.

    "Whether or not the pepetrator, subject of our communication belongs to a country which is a member of the Rome Statute is immaterial because what's material is that person committed a crime within the territory of the Philippines, which is a member of the Rome Statute," Morales said.

    The communication against Xi and other Chinese officials was submitted days before the Philippines' withdrawal from the ICC took effect on March 17.

    Under Section 12 2(a) of the Rome Statute, the ICC may exercise jurisdiction if the "State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel of aircraft."

    In the communication submitted to the international court, Del Rosario and Morales argued that it has jurisdiction over the "atrociously inhumane actions" of Chinese officials in the South China Sea, which is within Philippine territory.



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    Most Pinoys back ICC suit vs Xi Jinping over West PH Sea - SWS


    MANILA - Most Filipinos believe that the lawsuit filed by former Philippine government officials against Chinese President Xi Jinping in the International Criminal Court (ICC) tells the world that China should leave the West Philippine Sea.

    The survey, conducted in March 2019, found that 49 percent of Filipino adults agreed with the statement: "“The suit filed in the ICC by Albert Del Rosario and Conchita Carpio-Morales, former officials of the PH government, against Chinese Pres. Xi Jinping for wrongful destruction of the livelihood of Filipino fisherman shows the world that China should leave the islands it has occupied in the West Philippine Sea."

    Only 17 percent disagreed with the statement while 28 percent were undecided, equivalent to a net agreement score of +32, classified by SWS as "very strong."

    The West Philippine Sea is the country's exclusive economic zone in the disputed South China Sea, resource-rich waters which Beijing claims in near entirety citing historical rights. 

    SWS also said net agreement to the statement is "very strong" regardless of trust or distrust to China as a country.

    Agreement to the statement was also "very strong" in Metro Manila and Balance Luzon, and among economic classes A, B, C, and D.

    On March 13, Del Rosario, a former foreign affairs chief, Carpio-Morales, a former Ombudsman, and several Filipino fishermen affected by Chinese incursions in the contested waters filed a communication against Xi before the ICC for crimes allegedly committed in the South China Sea.

    It was filed just days before the Philippines' withdrawal from the ICC took effect on March 17. President Rodrigo Duterte had pulled the country out of the Rome Statute, the treaty creating the ICC, over the tribunal's probe on his deadly drug war. 

    Malacañang has distanced itself from the complaint. 

    It accused Xi and other Chinese officials of committing crimes against humanity in implementing Beijing's "systematic plan to control the South China Sea."

    China has continued militarization and island-building in the disputed waters, ignoring a July 2016 ruling of a United Nations-backed tribunal invalidating its excessive claims in the South China Sea. 

    The ruling was in response to a complaint filed by the Philippine government in 2013, led by Del Rosario, who was then top diplomat. 

    Conducted from Mar. 28 to 31, 2019, the SWS survey used face-to-face interviews of 1,440 adults (18 years old and above) nationwide and has a sampling error margin of ±2.6 percent for national percentages.



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