In its “Report on Preliminary Examination Activities 2019”, the court based in The Hague said it lacks “territorial and personal jurisdiction” to tackle the case, reasoning that the purported crimes happened outside Philippine territory.
FORMER PHILIPPINE OFFICIALS ACCUSE XI JINPING OF CRIMES AGAINST HUMANITY AT ICC
“The information available confirms that the alleged conduct in question occurred in areas that are outside of the Philippines’ territorial sea”, the report said, adding that maritime zones outside a country’s territorial sea are not considered part of its territory.
The case was filed before the court on March 21 by former Philippine Foreign Secretary Albert del Rosario and former corruption court Ombudsman Conchita Carpio-Morales.
in the Spratly Islands, causing significant damage to the marine life in the area.They accusedChinaof excluding Philippine nationals from making use of the resources in parts of the South China Sea, such as blocking Filipino fishermen’s access to traditional fishing grounds at Scarborough Shoal, while also engaging in massive illegal reclamation andartificial island-building
The communication alleged that such conduct not only violates the 1982 UN Convention on the Law of the Sea, but gives rise to crimes against humanity.
In response to the ICC ruling, Del Rosario and Carpio-Morales vowed to continue pursuing their complaint, arguing that they still had a fighting chance.
“The ICC prosecutor did not dismiss our communication. The prosecutor welcomes ‘new facts and evidence’ to proceed with the case and we are providing them. This has only strengthened our resolve,” they were quoted as saying by Philippine online news website Rappler.
.In 2013, the Philippine government filed a case against China at the Permanent Court of Arbitration in The Hague andscored victory three years later. China, however, continues torefuse to recognise and abide by the ruling
According to that ruling, China’s sweeping claims in the South China Sea based on history have no legal basis, and some of the features claimed fall within the Philippines’ exclusive economic zone.
convention.It said China’s artificial island-building activities on the seven reefs in the Spratly Islands have caused devastating and long-lasting damage to the marine environment, and by taking such actions and by failing to work with other countries to minimise their harmful effects, Beijing had breached its obligations under theUnited Nations