MANILA — Atty. Mel Sta. Maria has pushed back against Senator Panfilo Lacson, arguing that local courts should not obstruct the International Criminal Court’s (ICC) arrest warrant.

In a social media post, Sta. Maria described Lacson’s insistence on domestic court approval as “unnecessary.” He emphasized that ICC warrants address crimes so severe they are “universal crimes” that “transcend national borders” and “shock the conscience of all mankind.”

“Under international law,” Sta. Maria said, “the principle of universal jurisdiction allows—and often requires—the global community to act when local systems are unable or unwilling.”

He pointed to the 1987 Constitution, which explicitly states that the country “adopts the generally accepted principles of international law as part of the law of the land.” Sta. Maria stressed that this is a constitutional mandate, not a suggestion. “When we talk about universal crimes, we are talking about a legal sphere where international obligations and domestic law shake hands,” he said.

ICC Jurisdiction Still Applies

Sta. Maria rejected claims that the Philippines’ withdrawal from the Rome Statute “closed the door” on ICC jurisdiction. He cited the Supreme Court ruling in Pangilinan vs. Cayetano, which confirmed that “the ICC retains jurisdiction on acts done [by] state actors until March 17, 2019.”

He also referenced Article 127(2) of the Rome Statute, noting that withdrawal does not absolve the country from cooperating with ongoing proceedings. “Withdrawal is not a ‘get out of jail free’ card,” he said.

Adding a local legal perspective, the former law dean highlighted Republic Act No. 9851, which explicitly allows authorities to “surrender or extradite suspected or accused persons… to the appropriate international court” if another tribunal is already investigating. “By our own law, we have the authority to waive local jurisdiction in favor of an international body,” he said.

Bill of Rights and Sovereignty

Sta. Maria also addressed constitutional concerns. He argued that the Bill of Rights’ protections against arbitrary arrests “do not conflict with international cooperation under RA 9851.” “In the context of a crime against humanity, the ICC warrant serves as a valid legal basis. They harmonize to ensure that humanity is protected both at home and abroad,” he said.

On sovereignty, Sta. Maria maintained that cooperating with the ICC actually strengthens the nation’s standing. “True sovereignty includes the power to enter into treaties and honor them. Recognizing an ICC warrant is an act of strength, proving that the Philippines is a responsible member of the global community,” he said.

A Call for Justice

The lawyer concluded with a sharp warning: “To insist on a domestic warrant for a universal crime against humanity is to build a wall where there should be a bridge. Let us choose justice over technicalities.”

📷 Dean Mel Sta. Maria FB