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ISSUE: Whether or not the Non-surrender agreement undermine the Rome Statute?
RULING: The Non-surrender agreement does not undermine the Rome Statute. The jurisdiction of the ICC is
to be complementary to national criminal jurisdiction of signatory states. It is the duty of every State to exercise its
criminal jurisdiction over those responsible for international crimes. The primary jurisdiction over the so-called
international crimes rests, at the first instance, with the State where the crime was committed; secondarily with the
ICC in appropriate situations. The Non-surrender agreement does not violate the Philippines’ duty required by the
imperatives of good faith to refrain from performing any act tending to impair the Rome Statute.
The Philippines has not abdicated its sovereignty by bargaining away the jurisdiction of the ICC to prosecute
US national who commit serious crimes of international concerns in the Philippines. The Non-surrender agreement is
an affirmance of the Philippines’ national criminal jurisdiction. The Philippines may decide to try persons of the US
under our national criminal jurisdiction. Or the country may opt not to exercise its criminal jurisdiction and defer to
the ICC. As to persons of the US whom the Philippines refuses to prosecute, the country would in effect accord
discretion to the US to exercise wither its national criminal jurisdiction or consent to the referral of the matter to the
ICC for trial. By their nature, international agreements actually have a limiting effect on the otherwise encompassing
nature of sovereignty. By their voluntary act, nations may decide to surrender or waive some aspects of their state
power. In this partial surrender, greater benefits are derived from a pact or reciprocal undertaking. Evidently, there is
as yet, no overwhelming consensus, let alone prevalent practice, among the different countries in the world that the
prosecution of internationally recognized crimes should be handled by a particular international criminal court.