Brief Summary
This video discusses the effect of treaties on domestic legislation, particularly focusing on the Rome Statute and Republic Act 9851 in the Philippines. It examines the obligations of the state to its nationals regarding international crimes like genocide, war crimes, crimes against humanity, and aggression. The discussion covers the powers of the President, the role of Congress, and the implications of withdrawing from international treaties.
- Treaties affect state relationships and can commit a state to certain behaviors towards its citizens.
- The Rome Statute internationalizes core crimes and creates obligations for states regarding their nationals.
- Republic Act 9851 complements the Rome Statute but doesn't fully incorporate all its provisions, leading to questions about the extent of domestic commitment to the International Criminal Court.
Treaties and Domestic Legislation
International law traditionally affects relationships between states. Treaties primarily concern the roles of state representatives, but they can also affect citizens traveling or residing in other states. A treaty commits the host state to treat nationals from other states in a certain way. Human rights treaties commit a state to certain behavior towards its own citizens.
Tax Treaties and Visiting Forces Agreements
Tax treaties usually have a bilateral nature, affecting taxes earned by individuals like boxers in different countries. Visiting Forces Agreements (VFAs) also fall under the second category of treaties, concerning the treatment of individuals in another state. The treaty under consideration places obligations on the state towards its nationals and internationalizes four sets of crimes.
Core Crimes and the Rome Statute
The four sets of crimes are genocide, war crimes, crimes against humanity, and the crime of aggression. A state commits to not committing these crimes against its own nationals. This commitment is a core part of the Rome Statute, which the International Criminal Court uses to prosecute the most serious crimes. Violations of the Geneva norms are considered grave, while crimes against humanity vary in severity.
Gender Crimes and State Obligations
The Rome Statute introduces gender crimes, which are not explicitly found in the Geneva or Hague Conventions. The state has an obligation to its nationals regarding these crimes. Before the Senate ratified the Rome Statute, a law already existed, Republic Act 9851, which gave the President more powers to accede to the treaty.
Republic Act 9851 and the Rome Statute
Republic Act 9851 doesn't fully detail the procedures under the Rome Statute, with only one specific provision referring to ratified conventions and treaties. It doesn't explicitly mention the Rome Statute, and it wasn't the sole authorizing statute for the President to accede to it. The Act is independent but complementary. If Congress wanted to bind future generations to the remedies under the Rome Statute, it could have provided so in Republic Act 9851.
Complementarity and Substantive Crimes
Section 15 and Section 2 of Republic Act 9851 implicitly provide for complementarity, adding an additional layer in terms of these crimes. There is a distinction between substantive crimes and the procedures for those crimes, such as the triggers for jurisdiction under Article 17 and the acceptance of the crime of aggression. Provisions in the Rome Statute were not included in Republic Act 9851 because the House and Senate did not produce an obligation for the President to follow the rules on complementarity, gravity, the Office of the Prosecutor, and the International Criminal Court.
Gravity and Domestic Legislation
Article 17 outlines the requirement of gravity before prosecution. The House and Senate agreed that only certain parts of the International Criminal Court would be covered by domestic legislation. There is no commitment under domestic legislation to bind future generations to another layer of court.
International Law and Court Recognition
Section 15 discusses the applicability of international law in interpreting the Act, but it doesn't explicitly state that it recognizes or allows the President to add another court. Republic Act 9851 is almost an acceptance of the Rome Statute. The House and Senate passed a law that copied the core provisions of the Rome Statute but did not include all portions.
Treaty Withdrawal and Domestic Law
When the President removed or withdrew from the treaty, it raises the question of whether it violated any laws. The Philippines is party to several conventions, including the Geneva Conventions. The question is raised whether withdrawing from the Rome treaty also means withdrawing from Geneva convention. The provisions of the Geneva Convention are already in Republic Act 9851.
House, Senate, and Presidential Powers
The House and Senate, through a law, decided that only a portion of the Rome Statute would bind the Philippines. The President then withdrew from the treaty. The President has the power to withdraw.
