Senior Associate Justice Antonio Carpio warned that the Philippines’ withdrawal from the International Criminal Court (ICC) would leave it without a legal defense against China’s aggression in the South China Sea. Carpio stated that by withdrawing from the Rome Statute, the Philippines would be unable to sue Chinese President Xi Jinping and his military leaders before the ICC if Beijing invades Pag-Asa Island or installs a naval base in Scarborough Shoal.
The Kampala amendments, which provide for the crime of aggression, are binding only on states that have ratified them. The Philippines did not ratify these amendments, leaving it without a legal deterrent against China’s aggression.
Carpio emphasized that no other international treaty holds military and political leaders accountable individually before an international tribunal for committing the crime of aggression.
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