The communication filed by former Department of Foreign Affairs
(DFA) Albert del Rosario and former Ombudsman Conchita Carpio Morales alleging in their complaint that Chinese President Xi Jinping
and other Chinese officials have committed crimes against humanity over
Beijing's encroachment activities in the South China Sea, before the International
Criminal Court (ICC) has been dismissed for lack of jurisdiction of the later.
In the report, "the crimes allegedly committed do not fall within the
territorial or otherwise personal jurisdiction" of the ICC, ICC Prosecutor
Fatou Bensouda said.
The complaint/communication stemmed from when Morales and Del
Rosario along with some Filipino fishermen accused Xi and some Chinese
officials as accountable for crimes against humanity over China's activities
within the Philippines' exclusive economic zone (EEZ) in the South China Sea
and for depriving Filipino fishermen of food and livelihood.
 |
| Former Department of Foreign Affairs (DFA) Albert del Rosario and former Ombudsman Conchita Carpio Morales (photo credit to owner) |
They also alleged that the Asian giant, engaged in massive
illegal reclamation and artificial island-building in the Spratly Islands as
well as tolerated illegal and harmful fishing practices by Chinese nationals in
the area, which they claimed not only violated the law of the sea but gave rise
to crimes against humanity.
The report which was dated December 5, stated that "China
is not a State Party to the Rome Statute. Accordingly, the ICC lacks personal
jurisdiction".
The international court also pointed that it may exercise
territorial jurisdiction over the alleged crimes to the extent that they were
committed in Philippine territory from November 1, 2011 until March 16, 2019 or
before Manila's withdrawal from the ICC took effect on March 17.
However, it argued that the alleged conduct "occurred in
areas that are outside of the Philippines’ territorial sea" or areas
farther than 12 nautical miles from its coast, but nonetheless within areas
that may be considered to fall within its declared EEZ.
"The Office has concluded that a State’s EEZ (and
continental shelf) cannot be considered to comprise part of its ‘territory’ for
the purpose of article 12(2)(a) of the Statute," the ICC Prosecutor said,
explaining that the "territory" referred to includes those areas
under the sovereignty of the State, namely its landmass, internal waters,
territorial sea, and the airspace above such areas.
"Finally, as previously highlighted, the remaining basis
for the exercise jurisdiction (active personality) under article 12(2)(b) is
also not met, given the Chinese nationality of the alleged perpetrators in
question," the ICC Prosecutor said.
"Accordingly, the Office concluded that the crimes
allegedly committed do not fall within the territorial or otherwise personal
jurisdiction of the Court," it added.
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Report from PNA
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