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Statement by Prof. Dr. Miriam Defensor Santiago Before the Sixth Committee Plenary Meeting On the report of the work of the 63rd session of the International Law Commission

10 Nov

27 October 2011, United Nations Headquarters, New York

Mr. Chairman:

As it is my first time to address this meeting, allow me the pleasure of extending my warmest felicitations to you on your election and that of the members of the Bureau.  Allow me to express once again my delegation’s firm commitment to support you in advancing the important work on this agenda item.

Mr. Chairman:

Respect for and adherence to the rule of law has allowed nations to thrive.  It lays out the firm foundations for a freer and more just world, guides us in our national efforts to achieve lasting peace, sustainable progress and fuller prosperity and moves us in the establishment and maintenance of our respective relations with other members in the larger international community in pursuit of common goals.

As a matter of consequence and duty, therefore, we must ensure that respect for and adherence to the rule of law – as expressed in various commitments under international law – are faithfully observed.

As a matter of consequence and duty too, we must ensure that international law remains responsive to the many changes and developments that impact on the legal framework that defines the rights and obligations of States.

In this regard, the important role and function of the International Law Commission cannot be overstated.

With the “promotion of the progressive development of international law and its codification,” as its object, the Commission and its work are of clear strategic value to the international community.

Since its establishment pursuant to Resolution 174 of 1947, the Commission has positively considered and acted on many topics in its long term programme of work;the Philippines commends the Commission for its laudable work and considerable output.

Given the Commission’s track record, the Philippines is confident that the Commission will continue to carry out its mandate.

Mr. Chairman:

The Philippines welcomes the publication of the report of the 63rd session of the International Law Commission.

The report is comprehensive and detailed, showing the significant workload of and the progress made by the Commission on a number of items.  The Philippines wishes to focus its comments on the Commission’s work on the “Effects of Armed Conflicts on Treaties” which was included in the Commission’s Programme of Work in its fifty-sixth session.

Since 2004, the Commission adopted, on second reading, a set of 18 draft articles together with commentaries on the effects of armed conflicts on treaties.  In accordance with article 23 of its Statute, the Commission also recommended to the General Assembly to take note of the draft articles in a resolution and to annex them to the resolution, and to consider, at a later stage, the elaboration of a convention on the basis of the draft articles.

For these advancements, we are thankful to Special Rapporteur Mr. Lucius Caflisch for his outstanding work and the contributions of his predecessor Sir Ian Brownlie.

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Miriam is keynote speaker in forum on ICC

20 Oct

Sen. Miriam Defensor Santiago, the Philippine’s candidate for judge of the International Criminal Court, will deliver the keynote address at the forum on “Advancing Philippine Contributions to International Criminal Justice” TOMORROW, 21 October 2011, 9:30 am-12 noon at the Malcolm Theater, Malcolm Hall, College of Law, University of the Philippines in Diliman.

 The forum is sponsored by The Institute of International Legal Studies of the UP Law Center and the Philippine Coalition for the International Criminal Court.

 

Opening remarks from Dr. Miriam Defensor Santiago, PHL candidate to the International Criminal Court (ICC) , at the luncheon hosted by the Department of Foreign Affairs last 5 October 2011

7 Oct

The Rome Statute of the International Criminal Court is a turning point.  It marks the turn of mankind from the most violent century in human history, toward a new century characterized by a new regime.  This new regime that has begun is the regime of international criminal court “determined to put an end to the impunity” previously enjoyed by the perpetrators of “unimaginable atrocities that deeply shocked the conscience of humanity.”

The ICC reinforces the international public order.  It brings to international law a new category of obligations erga omnes, obligations which every State owes to the international community as a whole.  The crimes within ICC jurisdiction are crimes committed against the international community.

But our imperfect world means that challenges remain in our quest for justice.  One of the biggest challenges for the ICC is State cooperation.

The Rome Statute mandates that States Parties must try violations of international crimes.  If they do not or they cannot, then the ICC should.  This is a legal obligation.  A non-action is not a third option.

National capacity and law reform maybe at the heart of the problem.  To address the problem, I believe that the Court should continue to intensify its efforts to encourage and assist States to comply with this obligation.  It is also in this vein that civil society can and has been of great service to the Court in the interests of justice.

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DFA HOSTS LUNCHEON FOR PHL ICC CANDIDATE DR. SANTIAGO

6 Oct

Foreign Affairs Secretary Albert F. del Rosario hosted a luncheon in honor of Professor Dr. Miriam Defensor Santiago, the Philippine candidate as judge for the International Criminal Court (ICC) yesterday at the Diamond Hotel.

Also present are members of the diplomatic corps and DFA officials.

During the luncheon, Secretary del Rosario lauded Senator Santiago’s achievements as a legal expert and her impressive academic record in international law.

“Dr. Santiago realized and understood the need to establish an international court that would try individuals accused of the most egregious of crimes committed on a scale that is widespread and systematic. This life-long belief stems from her respect for the rule of law and, more importantly, the understanding that the rule of law finds its most potent expression in international law,” he said.

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