Law Summary
Reservations Made by the Philippines upon Ratification
- Reservation 1: Article IV concerning immunity of Heads of State. The Philippines asserts the constitutional immunity of its Head of State and does not consider this Article as overriding those immunities.
- Reservation 2: Article VII concerning the obligation to enact legislation for genocide. The Philippines will implement this after Congress enacts the defining and punitive laws, with no retroactive effect.
- Reservation 3: Articles VI and IX concerning jurisdiction and state responsibility. Philippine courts retain jurisdiction over genocide committed within the country, except where the Government consents to international tribunal review; State responsibility is consistent with accepted international law principles.
Timing and Effectivity of the Convention
- The instrument of ratification by the Philippines was signed on June 23, 1950, and deposited on July 7, 1950.
- The Convention entered into force internationally on January 12, 1951, following the deposition of the twentieth instrument of ratification.
- For the Philippines, the Convention became effective on January 12, 1951.
Legal Status and Obligations in the Philippines
- The President of the Philippines formally proclaimed the Convention public on February 16, 1956.
- The Republic of the Philippines and its citizens are thus bound to observe and fulfill all provisions of the Convention.
- This proclamation signifies good faith compliance with the Convention’s provisions, respecting all its articles and clauses.
Summary of Key Legal Concepts
- Sovereignty and Immunity: The Philippine Government maintains constitutional immunities for its officials, especially the Head of State.
- Legislative Prerequisites: Domestic implementing laws defining and penalizing genocide must be enacted for full compliance with certain Articles.
- Jurisdiction: Philippine courts have primary jurisdiction over genocide cases within its territory, and international jurisdiction is subordinate and consensual.
- State Responsibility: Adherence to generally accepted principles of international law in interpreting the Convention’s obligations.
Formal Proclamation Process
- The proclamation was executed by the President of the Philippines, Ramon Magsaysay.
- The official seal of the Republic was affixed, underscoring the formal and binding nature of the declaration.
- The proclamation was made on February 16, 1956, in Manila, reinforcing the Philippines’ commitment to the Convention.
This comprehensive explanation covers the essential provisions, Philippine-specific conditions, procedural history, and legal implications associated with the Convention on the Prevention and Punishment of the Crime of Genocide as ratified by the Philippines.