only in cases of self defense or when authorized
by the Security Council. Because sanctions against
the Syrian government are opposed by at least
two permanent members of the Security Council,
the UN system had been powerless to address the
The legal system, after all, is only triggered by the
arrest of suspected perpetrators of these crimes.
humanitarian disasier takinq place in Syria.
light it has taken more than three years
for former ARMM Covernor Zaldy Ampatuan to be
arraigned for 58 counts of murder. He still hasn't
Amidst this disaster; we have opted to take
been arraigned although the arraignment is actually
scheduled tomorrow, despite the fact that he only has
a neutral
condemning the disaster itselfi
purportedly to protect our OFWs in Syria. I submit
that this is a terribly myopic view of what constitutes
our national interesl To begin with, our failure to
condemn ihe humanitarian disaster will not serue to
act as armor to our OFWs who can still be hit and
be killed by bullets in Syria. lt seems to me ihat the
best protection of our nationals in Syria and many
other troubled spots of the world, is precisely a full
commitment to adhere with established rules and
customs of wafare and our responsibility to protect
obligations under the Vienna declaration on Human
stance even
in
Rights.
a statutory period of 90 days within which to challenge
the existence of the probable cause againsi
him.
This should never be sanctioned again. Fufthermore,
there is also the unfinished businesses of the Albarca Massacre, the February 2010 mutilation of AFp
soldiers based in Basilan and the killing of civilians
in Tampacan. No amount of treaty ratification will
be an effective substitute for the duty to investigate,
prosecute and punish individuals who violate the law
and customs of warfare be they members of MILF or
the Armed Forces of the Philippines.
This is why the Ceneva Conventions enjoy universal
Moreover, there is unfinished business that the pnoy
Administration must address. There is the unfinished
business
In the same
of the
comfort women
of
Candaba,
Pampanga, who in the twilight of their lives are still
demanding justice for being victims of mass rape
during World War ll While the Supreme Court in the
now infamous case of Vinuya, still has to resolve a
motion of reconsideration of its earlier ruling denying
these women any remedy on the ground that we
have signed the peace pact with japan, and we have
said that we are barred from claiming the reparations
as the result of whatever the Japanese Armed Forces
did to our country. I submit that it is high time for
the Pnoy administration to consider the plight of
these women. lf the previous GMA administration
refused to espouse the claims, I submit that the pnoy
administration should do
so.
By espousing the claims not only will we uphold
the absolute prohibitions on rapes during times
of armed conflicl we would also be promoting the
norm, that those who commit violations of IHL have
the concomitant obligation to make reparation for
their acts. Jovito Palparan, Joel Reyes, Ruben Ecleo
must all be found, arrested, and prosecuted in courL
recognition because unlike human rights laws, even
non-state actors are bound by this non-derogable
state code of conduct applicable to all flghters and
combatants. And if for political reasons, we are
unable to prosecute them, by all means we should
refer this matter for prosecution in the lnternational
Criminal Court For unless we ensure that all those
who breach IHL will be prosecuted and punished, the
law may be honored more in its breach rather than
in iis compliance.
you see I have a very good reason to be in awe
today. Yesterday, we were excluded, today, we're
So,
delivering the keynote address. l'm also awed by how
much we have accomplished in such a short period
of time, and awed as I said, by the many challenges
posed by implementing the contents of treaties and
existing laws that seek to uphold the binding nature
of IHL Perhaps the ultimate challenge which leaves
me also in awe is how to make IHL what it is in many
countries of the world, a purely academic fleld of
study. This will only happen when we have achieved
a just and lasting peace, when armed conflicts will
remain but a mere part of our history and no longer
paft of our daily lives. As a Muslim brother will say,
'lnshallah.'
Itaguyod ang IHL: Sibilyan Pangalagaan