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    Thursday, May 18, 2017

    LOOK: International Law Expert reveals LP and Alejano's plan on ICC

    According to Atty. Paula Defensor Knack, an international lawyer and the sister of late Senator Miriam Santiago, Magdalo Rep. Gary Alejano was instructed to purposely let the House junk the impeachment case versus President Rodrigo Duterte so it could proceed to the International Criminal Court.

    The ICC presides in cases when the country's judicial system refuses to prosecute.

    According to Knack, a lawyer from ICC is instructing Alejano on what to say as his testimony resembled words used in Article 17 sec 2 and 3 of the Rome statute.

    She said this is why in his testimony, the Magdalo representative used words "unwilling, unable" which are used in the statute.

    She said this means the camp of Alejano is "seeking and exemption to the rule on complementarity" which sets the grounds on when the ICC can intervene in cases.

    She said this allows them to "ask that the ICC assume jurisdiction and bypass pending domestic criminal proceedings so warrants of arrest could be issued at the Hague."

    Knack also said that this is why Alejano announced that he would be proceeding to the Hague despite the fact that an impeachment complaint for Duterte has already been filed there by Edgar Matobato lawyer Jude Sabio.

    "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 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 ."

    Knack assumed that 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.

    Duterte is known to have criticized Inquirer for tax evasion and biased reportage.

    She claimed this was the "baging pakana ng dilaw" hitting the Liberal Party who she said will use the testimony of Alejano to unseat the President.

    Source: Atty. Paula Defensor Knack

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