disposition as far as the legal system is concerned. To have all this on tripaftism, Covernment on one side, CHR as the national human rights instiiution, an independeni and constitutional body and the third leg is civil society. The tripartism of efforts will be a very helpful tool for us to really address issues that concern HR and IHL themselves. not be a hindrance for the prosecution of the MILF for crimes that are covered by RA 9851. ln the same way, I am asking civil society and l'm hoping Task Force Detainees is here and that it should file criminal cases also for the Tampakan incident lts not enough that we have court martial proceedings, the jurisprudence is very clear, court martial in this regard is only administrative but there should be a separate crimlnal case filed under RA 9851. lwould liketo reacttothe question ofourfriend Antoine. Well, l've been following up the implementation of RA 9851, and l'm sad to say by way of baseline figure, it is zero cases filed. And that is why I am actually appealing to the AFP as well as the civil society. We do have cases ihat we can file already under RA 9851, the Basilan killing of our soldiers which I mentioned in my address should be a subject of criminal complainl because thats actually inhumane acts committed by combaiants against the MILF. l'd like to address this concern to the Undersecretary ofthe Peace Process, perhaps the peace talk should Earlier I talked also about the different pillars of criminal justice system, even the court is also remiss in this regard because 9851 mandates that the coutt actually designates special courts to try these cases. And until now the couft has not designated these courts. So l'm addressing this particular concern to my colleagues at the Supreme Court although we in the Philippine Judicial Academy perhaps could bring this matter up to the attention of ihe Court en banc that this is something that they need to comply with. Unfortunately there is zero baseline flgure so far. n n I FE n f*= -J iEryI Proceedings of the Second National Summit on International Humanitarian Law in the Philippines 11 December 2012 tr

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