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T h e doctrine of incorporation means that the rules of international law for part of
the law of the land and no legislative action is required to make them applicable to a country.
The Philippines follows his doctrine, because Section 2, Article II of the Constitution states
that the Philippines adopt the generally accepted principles of international law as part of the
law of the land.
The doctrine of transformation on the other hand requires that an international law principle
be transformed into domestic law through a constitutional mechanism, such as local
legislation. (Pharmaceutical and Health Care Association of the Philippines v. Duque, G.R.
No. 173034, October 9, 2007). The transformation theory is applied in the Philippines
through treaty-making power of the President. Through this power, rules and principles
embodied in a treaty in force would be transformed into Philippine Law and shall
become valid and effective upon the concurrence of 2/3 of all members of the Senate.
2. The Court shall have jurisdiction over the person of an accused only if the
crime was committed in the territory of a State a party to the Rome Statute or if
the accused is a national of a State that is party to the Rome Statute. (Article 12,
Rome Statute)
3. A person shall not be criminally liable under the Rome Statute unless the conduct in
question constitutes, at the time it takes place, a crime within the jurisdiction of the
Court and after the entry into force of the Rome Statute. (Article 11 and 22, Rome
Statute)
Salient Features of the Rome Statute:
The Court will act only as a court of last resort. This means that the Court acts only in
exceptional cases, where a country has failed to bring justice because it is unwilling or
unable to investigate and prosecute those who have the highest responsibility for the
most serious crimes of concern to the international community.
Principle of complementarity. Under the Statute Article 17, the Court will deem as
inadmissible a case that is already being investigated or prosecuted by a state that has
jurisdiction over it, unless the state is unwilling or is unable genuinely to carry out the
investigation or prosecution.
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern
to the international community as a whole. The Court has jurisdiction in accordance with
this Statute with respect to the following crimes:
2. The Court shall exercise jurisdiction over the crime of aggression once a provision is
adopted in accordance with articles 121 and 123 defining the crime and setting out the
conditions under which the Court shall exercise jurisdiction with respect to this crime. Such
a provision shall be consistent with the relevant provisions of the Charter of the United
Nations.
Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts
committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious
group, as such:
(c) Deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;
1. For the purpose of this Statute, "crime against humanity" means any of the following
acts when committed as part of a widespread or systematic attack directed against any
civilian population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(f) Torture;
(k) Other inhumane acts of a similar character intentionally causing great suffering,
or serious injury to body or to mental or physical health.