We knew this was a far shol but we had in our favor
a new provision in the 1987 constitution that provided
would take two life times to realize. He sent the Rome
Statute ofthe ICC to the Senate for concurrence, paving
thai the court may exercise its rule making powers
in the promotion of constitutional and human rights.
We argued that because our jurisprudence in the
Philippines since the time of Yamashita and Kuroda
ihe way for our membership to ihe International
has recognized that IHL is binding in our jurisdiction
despite the fact that during those times we were
our domestic legal systems fail or are unwilling to
prosecuie perpetrators of the most serious breaches
of international law, we have obligated ourselves to
allow the ICC to exercise its competence instead. A
membership to the ICC without a doubt is signal,
to one and all, that the Philippines will not allow
neither a party to the Ceneva or Hague conventions
and neither did we have the IHL law , that it was
still binding because of our incorporation clause, or
the phrase in our constitution which provides that
we recognize the generally accepted principles of
international law automatically as a part of the laws
As predicted, the court rejected our proposal. lt was
rejected purportedly on the ground that legislation
was required to confer in our coutts the jurisdiction to
try individuals for war crimes. Until today, I maintain
the contrary to be true. Othenrvise, the heirs of Kuroda
and Yamashita should be paid compensation by ihe
state because both of them argued at that time that
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impunity to persist
accomplishments of the Aquino
administration continues. What has not been
mentioned by the earlier speakers is that we have
also become a parly to the 1997 First Additional
Protocol to the Ceneva Convention and the Optional
The list
of the land.
the aw was necessa
Criminal Court It is this act, perhaps, which stands
as the ultimate testament to this administration's
resolve to end impunity in this country. For when
ry
for thei r co nvictio n. Fo rtu nately,
of
Protocol to the Convention againstTorture. Under the
Additional Protocol to the Geneva Convention, the
Philippines now ranks among the countries that have
undertaken to insulate civilian populations from the
adverse consequences of armed conflicts.
it did not take too long before we had this IHL Law.
A
are no longer with us to celebrate the Second National
ratification of the 0ptional Protocol on Torture
Convention in turn, had the effect of our country
recognizing the jurisdiction of the Committee against
IHL Summil and I refer specifically to the late Justice
Torture,
Leonor lnes Luciano who was chairof lHLCommittee of
against Torture. This will now enable our nationals
to submit individual communications to the said
body when they feel that their rights under the
ln 2009, as a result of tireless efforts of individuals who
PNRC as well as Chairperson Purificacion
0uisumbing
who created the first IHL desk in the Commission on
Human Rights and of course Senator Cordon who
sponsored the measure in Congress together with
the monitoring body of the
Convention
convention against torture are not being promoted
and prosecuted by our government
tireless individuals of the government academe, ICRC
and the civil society. We have, as mentioned by earlier
Finally, in recognition that enforced disappearance is
law codified the applicability not only of war crimes,
the ultimate form of torture to its victims who do not
know if they should weep for the loss of their loved
crimes against humanity and genocide, it also codified
ones or still hope ihat they would be found, Congress
the applicability of exercise of universal jurisdiction for
the criminal prosecution of these crimes. The fad is
has passed its flnal version of the Anti-enforced
Disappearance Law. For the first time it provides
for the elements and the penalty of the crime of
desaparecidos. This promises to be the flrst law of its
kind in the whole of Asia. Here, I am confldent that
the President will either sign this bill into law or will
allow it to lapse into one. Every single bone in my
body tells me that he will not veto it lndeed, what
we have learned, is that it takes an administration
speakers today, as our IHL
law, RA No. 9851.
This
that prosecutions are not subjed to prescription and
the defense of sovereign immunity, a defense of sitting
presidents, may no longer be invoked as a defense for
the prosecution ol these crimes.
The good news for IHL continues. After the enactment
of the law, Pres. Noynoy Aquino did what we thought
Itaguyod ang IHL: Sibilyan Pangalagaan
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