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Question
A Philippine national employed as a private security contractor for a multinational company is deployed to the foreign state of Arcadia to support a government siege. He orders an airstrike on a densely populated neighborhood, resulting in 60 civilian deaths and 120 injuries. Arcadia's authorities open a domestic investigation and prosecute the contractor. The Philippines is not a state party to the Rome Statute, and there is no declaration by the Philippines accepting ICC jurisdiction under Article 12(3). The United Nations Security Council, via a Chapter VII resolution, refers the situation in Arcadia to the ICC. The question asks you to address: (a) Identify the controlling rule on when the ICC may exercise jurisdiction over acts committed by Philippine nationals in foreign states, focusing on how complementarity interacts with a UNSC referral under Article 13(b) and the absence of a Article 12(3) declaration by the Philippines. (b) Explain the complementarity doctrine and how it affects admissibility of ICC proceedings where domestic investigations/prosecutions are ongoing or have already been pursued in Arcadia or by the Philippines. (c) If Arcadia's domestic proceedings proceed lawfully and substantially, what are the possible ramifications for ICC involvement, and how does this interact with Philippine sovereignty and international accountability?