Wednesday, March 19, 2025

The ICC Judge That Might Have Been – Miriam Defensor-Santiago’s Appointment

Isang upuang napanalunan, ngunit hindi naupuan—ganito natapos ang kwento ni Miriam Defensor-Santiago sa ICC.
By Thea Alexandra Divina / Jezer Rei Liquicia

The ICC Judge That Might Have Been – Miriam Defensor-Santiago’s Appointment

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Miriam Defensor-Santiago, the “Iron Lady of Asia”, was a force to be reckoned with in Philippine politics and law. Known for her razor-sharp wit, fearless rhetoric, and relentless pursuit of justice, she was a legal expert whose influence extended beyond her home country.

Among her many accolades, one of the most prestigious was her election as a judge of the International Criminal Court (ICC) in 2011 – a historic first for a Filipino.

Santiago’s election to the ICC was a testament to her formidable legal expertise and reputation. With decades of experience as a lawyer, senator, and former presiding judge, she was a highly qualified candidate. She was the first Southeast Asian to be elected to the world’s highest tribunal for prosecuting crimes against humanity, genocide, and war crimes.

However, fate had other plans; due to her declining health after being diagnosed with stage 4 lung cancer, Santiago was unable to assume her post. She had initially expressed hope that she would recover in time to serve, but the toll of her illness proved insurmountable.

In 2014, she officially withdrew from the ICC, ending what could have been a groundbreaking tenure at The Hague.

In 2015, the former University of the Philippines College of Law Dean and publisher of the Philippine Daily Inquirer, Raul Pangalangan, was elected with 59 votes to fulfill Defensor-Santiago’s seat at the ICC. Pangalangan served the international court until 2021.

In 2016, despite her deteriorating health, Santiago ran for the Philippine presidency for the third time, with then Senator Ferdinand “Bongbong” Marcos Jr. as her running mate. However, she lost to Rodrigo Duterte, whose administration became infamous for its brutal war on drugs.

Nearly a decade later, in 2025, Duterte now faces trial at The Hague, accused of crimes against humanity for the thousands of extrajudicial killings under his drug war campaign – an ironic turn of events considering Santiago’s prior election to the very court now prosecuting him.

Miriam Defensor Santiago passed away on September 29, 2016, leaving behind an indelible mark on Philippine politics and law. While she never got the chance to serve as an ICC judge, her election remains a significant symbol of her legal acumen.

She may not have taken the bench in The Hague, but in the hearts of many, she remains one of the greatest legal minds in the Philippines, often remembered as “the best president the Philippines never had”.

H/T: Rappler
Photo Credit: https://www.facebook.com/senmiriam