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Two brilliant patriotic figures. Former DFA Chief Albert del Rosario and Ombudsman Chief Conchita Carpio Morales have since fearlessly filed a complaint to the Chinese president Xi Jin Ping for his country’s illegal activities in the West Philippine Sea, where his men’s continuously harassed Filipino fishermen despite within our own Exclusive Economic Zone as indicated by UNCLOS and re-affirmed by the recent PCA ruling won by a team of Philippine experts and lawyers. This to me is an act worthy of all our praises and support regardless of our individual political beliefs and party affiliation. Why is it the case? Because it is only right that Xi Jin Ping should be held accountable as the leader of China’s Communist Party. However, many of our politicians turned sour on this approach and in fact, many downplayed such move as illogical and futile — citing ICC’s jurisdiction over China who’s not been a member of the ICC like the United States.
Does China need to be a member of the ICC to be charged for their actions in WPS?
Though China is not a member of the ICC but the Philippines was at the time member of the ICC as evident in our recent Permanent Court of Arbitration complaint which debunks China’s legal basis in its nine-dashed-line while its Chinese state-forces aggressive actions continues within our Exclusive Economic Zones and for wantonly depriving our fishermen to freely fish in the area is an act of aggression and economic abuse which injures not only the government but also the poor fishermen who rely on this as their only livelihood.
From what I gather, during the recent Supreme Court oral arguments with Associate Justice Carpio and Solicitor General Calida. He mentioned the ‘Kampala Amendment‘ which was recently been activated under the jurisdiction of the ICC over the Crime of Aggression – its fourth ‘core’ crime. Also, it’s worth noting that even if the Philippines has not ratified this amendment but according to the reported view held by the majority of States Parties is that once the two conditions (ratification by at least 30 States Parties and the decision by the ASP) are met, the Court’s jurisdiction over the crime of aggression applies to all States Parties (unless an opt-out declaration has been submitted), regardless of their ratification status of the crime of aggression amendments.
So it’s not really certain if the ICC can hold China’s Xi accountable for its actions but it has to have basis since the Philippines though had not ratified the Kampala Amendment but already submitted itself under the jurisdiction of the ICC throughout China’s harassment of our fishermen and illegal reclamation activities in the West Philippine Sea as evident in our legal maneuvers to the Permanent Court of Arbitration which successfully debunked China’s excessive historical claim over much of the West Philippine Sea.
But why do Filipino politicians scrambling to defend Xi rather than it’s people?
What I find appallingly ironic is the fact that many Filipino politicians who were elected by the Filipino people were scrambling to defend Xi Jin Ping — a president of a foreign country who allowed his navy to harass our Filipino fishermen inflicting serious economic damage both to their livelihood and for the country as a whole. Not to mention the millions of dollars of environmental damage caused by Chinese illegal reclamation activities which destroyed large swathes of critical coral reef systems within our own Exclusive Economic Zone. All of this doesn’t matter to this traitors because they find that the case won’t prosper citing ICC’s jurisdiction ineffectual. But shouldn’t it be the main question here? Shouldn’t these trapo politicians support this measure as it’s meant to defend our seas and propose a legal compromise between countries — possibly even forcing the Chinese Communist Party to reprimand Xi for his policies?
As the brave Former DFA Chief said :
“..Rather than block the case, President Duterte could be more helpful to the Filipino fishermen by ensuring that they do not continue to undergo the suffering they have experienced. And furthermore, this presents an opportunity for reparations…”
He was right. If we were successful in pushing the case forward. China’s Xi would have to agree in a compromise and thus permanently allow Filipino fishermen complete fishing access over the West Philippine Sea as well as economic reparations to the Philippine government for all the economic damage it caused for its illegal structures built over our own shoals. Why should Duterte block this measure when it was meant to the benefit of his people and his country?
I couldn’t stress this even more. However, many of Duterte’s allies weren’t so happy about this. Even as far as saying that ”ugh…..’ the ”..case won’t prosper..” ugh ”..ICC has no jurisdiction..” etc etc. All of these excuses are just BS. Why? I’d expect more from these people. We have elected them into power to defend our country and uphold the best interest of the people and now here they are? Telling us that the case might not even forward because ICC might not have jurisdiction? When did they become Xi Jin Ping’s spokesmen while being paid with our own taxes?
This is the moment in our history where we must make our stand as one people. We are being manipulated by these politicians as if fearing that China might pull the plug of their cash faucet. Those billions of funds flowing straight in from China out from sketchy debt-trap loans and then not to mention tons of Chinese drugs flowing straight into our ports. How can we be silent about this?
Just take a moment and study the life of General Luna. Do you think he would accept these stupid justifications? Would you believe these politicians who only think about themselves rather than the people they serve? These men could die and vanish — but the Philippines once eroded and consumed by a foreign invader like China — could never be the Philippines again.
Regardless of your political beliefs. We, Filipinos must stand before our flag. Defend it and protect the heritage of our forefathers by honoring their legacy of selfless nationalism. Don’t let our greatest enemies be ourselves.