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Rome Statute of the International Criminal Court Professor Herminio Harry L The PHILJA Judicial Journal The PHILJA Judicial Journal is published twice a year by the Research, Publications and Linkages Office of the Philippine Judicial Academy (PHILJA). The Journal features articles, lectures, research outputs and other materials of interest to members of the Judiciary, particularly judges, as well as law students and practitioners. The views expressed by the authors do not necessarily reflect the views of either the Academy or its editorial board. Editorial and general offices are located at PHILJA, 3rd Floor, Centennial Building, Supreme Court, Padre Faura Street, Manila. Tel. No.: 552-9524 Telefax No.: 552-9628 Email: [email protected]; [email protected] CONTRIBUTIONS. The PHILJA Judicial Journal invites contributions. Please include author’s name and biographical information. The editorial board reserves the right to edit the materials submitted for publication. Copyright © 2012 by The PHILJA Judicial Journal. All rights reserved. For more information, please visit the PHILJA website at http://philja.judiciary.gov.ph. ISSN 2244-5854 SUPREME COURT OF THE PHILIPPINES CHIEF JUSTICE Hon. MARIA LOURDES P. A. SERENO ASSOCIATE JUSTICES Hon. ANTONIO T. CARPIO Hon. PRESBITERO J. VELASCO, Jr. Hon. TERESITA J. LEONARDO-DE CASTRO Hon. ARTURO D. BRION Hon. DIOSDADO M. PERALTA Hon. LUCAS P. BERSAMIN Hon. MARIANO C. DEL CASTILLO Hon. ROBERTO A. ABAD Hon. MARTIN S. VILLARAMA, Jr. Hon. JOSE P. PEREZ Hon. JOSE C. MENDOZA Hon. BIENVENIDO L. REYES Hon. ESTELA M. PERLAS-BERNABE Hon. MARVIC MARIO VICTOR F. LEONEN COURT ADMINISTRATOR Hon. JOSE MIDAS P. MARQUEZ DEPUTY COURT ADMINISTRATORS Hon. RAUL B. VILLANUEVA Hon. ANTONIO M. EUGENIO, Jr. CLERK OF COURT Hon. ENRIQUETA ESGUERRA VIDAL ASSISTANT COURT ADMINISTRATORS Hon. THELMA C. BAHIA Hon. JENNY LIND A. DELORINO DEPUTY CLERK OF COURT Atty.FELIPA B. ANAMA DIVISION CLERKS OF COURT Atty.EDGAR O. ARICHETA Atty.MA. LOURDES C. PERFECTO Atty.LUCITA A. SORIANO PHILIPPINE JUDICIAL ACADEMY Board of Trustees Hon. MARIA LOURDES P. A. SERENO Chief Justice Chair Hon. ANTONIO T. CARPIO Senior Associate Justice, Supreme Court Vice Chair Members Hon. ADOLFO S. AZCUNA Hon. JOSE MIDAS P. MARQUEZ Chancellor Court Administrator Hon. ANDRES B. REYES, Jr. Hon. FRANCISCO H. VILLARUZ, Jr. Presiding Justice, Court of Appeals Presiding Justice, Sandiganbayan Hon. ERNESTO D. ACOSTA Hon. FRANKLIN J. DEMONTEVERDE Presiding Justice, Court of Tax Appeals President, Philippine Judges Association Hon. LUIS ENRIQUEZ REYES Dean AMADO D. VALDEZ Presiding Judge, MTC, Guiguinto, Bulacan President, Philippine Association of Law Schools Hon. AMEURFINA A. MELENCIO HERRERA Founding Chancellor Emeritus Executive Officials Hon. ADOLFO S. AZCUNA Hon. JUSTO P. TORRES, Jr. Chancellor Vice Chancellor Hon. MARINA L. BUZON Executive Secretary Chiefs of Office Hon. JUSTO P. TORRES, Jr. Finance Office Hon. DELILAH VIDALLON-MAGTOLIS Hon. MARINA L. BUZON Academic Affairs Office Acting Chief, Philippine Mediation Center Office Dean SEDFREY M. CANDELARIA Hon. THELMA A. PONFERRADA Research, Publications and Linkages Office Administrative Office Chairpersons, Curricular Departments Dean PACIFICO A. AGABIN Prof. RUBEN F. BALANE Constitutional Law Civil Law Hon. MAGDANGAL M. DE LEON Hon. EDILBERTO G. SANDOVAL Remedial Law Criminal Law Hon. JOSE MIDAS P. MARQUEZ Hon. HILARION L. AQUINO Court Management Ethics and Judicial Conduct Hon. JOSE C. VITUG Dean MERLIN M. MAGALLONA Commercial Law International and Human Rights Law Fr. RANHILIO C. AQUINO Prof. MYRNA S. FELICIANO Jurisprudence and Legal Philosophy Legal Method and Research Dean SEDFREY M. CANDELARIA Atty.EMMANUEL L. CAPARAS Special Areas of Concern Court Technology Prof. ALFREDO F. TADIAR Hon. JAINAL D. RASUL Alternative Dispute Resolution Shari’a and Islamic Jurisprudence Justice Adolfo S. Azcuna Chancellor Dean Sedfrey M. Candelaria Editor in Chief Editorial and Research Staff Atty. Ma. Melissa R. Dimson-Bautista Atty. Ronald Paz Caraig Ms. Armida M. Salazar Ms. Regina Maria Sofia M. Babasa Atty. Rizsa Rose S. Baer Ms. Jocelyn D. Bondoc Atty. Gabriella Louise OJ. Candelaria Mr. Jonel M. Candelaria Mr. Joseph Arvin S. Cruz Ms. Judith B. del Rosario Ms. Christine A. Ferrer Mr. Michael Angelo P. Laude Ms. Joanne Narciso-Medina Ms. Charmaine S. Nicolas Ms. Sarah Jane S. Salazar Circulation and Support Staff Mr. Lope R. Palermo Ms. Carmela D. Panganiban Mr. Daniel S. Talusig Printing Services Mr. Ponciano M. Santiago and Staff Contents Officials of the Supreme Court of the Philippines iv Officials of the Philippine Judicial Academy v Program 1 Lecture 3 Legal Nuances to the Philippine Ratification of the Rome Statute of the International Criminal Court Professor Herminio Harry L. Roque, Jr. Reaction 11 Dean Raul C. Pangalangan Closing Remarks 16 Justice Arturo D. Brion References Rome Statute of the International Criminal Court 18 Republic Act No. 9851 101 An Act Defining and Penalizing Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, Organizing Jurisdiction, Designating Special Courts, and for Related Purposes Approved on December 11, 2009 1 Supreme Court of the Philippines Philippine Judicial Academy in cooperation with the Metrobank Foundation, Inc. present the Eighth Metrobank Foundation Professorial Chair Lecture December 9, 2011, Friday, 2:00 p.m. Court of Appeals Auditorium Centennial Building, Court of Appeals Maria Orosa Street, Manila Program Doxology Philippine National Anthem Supreme Court Hymn Supreme Court Choir Opening Remarks Honorable Adolfo S. Azcuna Chancellor, Philippine Judicial Academy Message Mr. Aniceto M. Sobrepeña President, Metrobank Foundation, Inc. Musical Number Supreme Court Choir Introduction of Lecturer Dr. Diane A. Desierto Professor of Public International Law, University of the Philippines College of Law LECTURE LEGAL NUANCES TO THE PHILIPPINE RATIFICATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT Professor Herminio Harry L. Roque, Jr. Holder, 2011 Metrobank Foundation Professorial Chair in International and Human Rights Law Director, Institute of International Legal Studies, University of the Philippines Law Center Member, PHILJA Department of International and Human Rights Law Reactor Dean Raul C. Pangalangan Member, PHILJA Department of Constitutional Law Professor, University of the Philippines The Professorial Chair in International and Human Rights Law endowed by The Metrobank Foundation, Inc. “The Metrobank Foundation Professorial Chair provides assistance to the Philippine Judicial Academy to develop and enhance its programs in Judicial Education in order to encourage its Corps of Professors to author and publish treatises that introduce innovative concepts and approaches in designated areas of law to promote competence, excellence, and efficiency in the Philippine Justice System.” Presentation of Paper To the Metrobank Foundation, Inc. by the Chairholder To the Supreme Court represented by Justice Arturo D. Brion by the Metrobank Foundation, Inc. Presentation of Endowment to the Chairholder by the Metrobank Foundation, Inc. Presentation of Plaques of Appreciation to the Metrobank Foundation, Inc. and to the Chairholder by Supreme Court Justice Arturo D. Brion and PHILJA Chancellor Adolfo S. Azcuna Closing Remarks Honorable Arturo D. Brion Associate Justice, Supreme Court Philippine Judiciary Hymn Master of Ceremonies Atty. Gilbert T. Andres Associate Lawyer, Roque and Butuyan Law Offices 3 Legal Nuances to the Philippine Ratification of the Rome Statute of the International Criminal Court* Professor Herminio Harry L. Roque, Jr. Prof. Herminio Harry L. Roque, Jr. is the holder of 2011 Metrobank Foundation Professorial Chair in International and Human Rights Law. Prof. Roque holds a Bachelor of Arts degree in Economics and Political Science with Honors from the University of Michigan as well as a Bachelor of Laws from the University of the Philippines College of Law. He obtained his Master of Laws with Merits from the London School of Economics and Political Science at the University of London. He is an Associate Professor at the UP College of Law where his teaching interests include International Humanitarian Law, Public International Law, and Constitutional Law, among others. Prof. Roque was admitted to practice before the International Criminal Court (the First Asian to have the honor) and the UN War Crimes Tribunal by the National University of Singapore. In for Rwanda. He is currently the Director of the addition, Prof. Roque holds memberships Institute of International Legal Studies of the in the Executive Council of the International UP Law Center and a PHILJA Professor II in the Criminal Bar in The Hague as well as in the Department of International and Human Rights Governing Council of the Asian Society of Law. International Law in Singapore. Prof. Roque has authored various publications. Prof. Roque has been the lead counsel He is the Editor in Chief of the Asia Pacific Yearbook in many public interest cases, the latest and of International Humanitarian Law, a joint most publicized of which is the Ampatuan publication of the UP Law Center and the Regional Massacre where he represents 13 media Delegation of the International Committee on the victims of the 57 people killed. He is a partner Red Cross. He is a member of the Editorial Board at the Roque and Butuyan Law Offices in of the Asian Journal of Comparative Law published Makati City. * Lecture delivered at the Eighth Metrobank Foundation Professorial Chair Lecture held on December 9, 2011, at
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