generally been the object of criticism in this regard,
. ,: a genuine and overwhelming mandate from
-^-: people, not just from Carci, that can usher in
the reality is, in the instances of miscarriages of
-^:se tremendous achievements that
justice, all the pillars of the criminal justice system are
collectively
to blame. And l'm sorry to say this, before
- -:ngthen the normative character of lnternational
--manitarian Law in a domestic legal system.
--i
who represent different pillars of the criminal justice
system but it will have to be said.
despite all these accomplishments, I stand today
The police, sometimes, not allthe time, failto investigate
you also in awe with the tremendous tasks
.:^,d challenges ahead of us. While the passage of
^e IHL Law, and the ratlfication of the Rome Statute
' tCC as well as the ratification of the First Additional
:'otocol to the Ceneva Convention have bound us
'-.fther to uphold the non-derogable principles of IHL
::d lnternational Criminal Law, in truth and in fact
.-lr burden to discharge our obligations under the
:'inciple that the state must investigate and punish
^ose who commit international crimes, can only be
-ischarged if our domestic legal system is able to
-restigate, prosecute and punish ihose who commit
. <iore
and apprehend suspected perpetrators ofthese crimes,
the prosecution for their failure to assist the police in
investigating these crimes, the coutts, notorious for
delays and even the community for already accepting
these delays and other miscarrlages of justice as
part of daily lives. And while we acknowledge the
destruction of our criminal justice system was the
handiwork of the past dispensation, the tasks of
governance demand, that it is this administration that
should now rebuild these damaged institutions'
.',ar crimes and crimes against humanity.
we have experience with prosecutions of
-st ordinary murder cases, such as the Ampatuan
-assacre case, the Doc Jerry Ortega case, the
-
everyone
ready,
the unresolved torture and
.:forced disappearance of lonas Burgos, the three
>,zr.TriC scholars who disappeared ironically in what
s supposed to be the premises of Terminal 3 of NAIA
- January of this year. And even the disappearance
' prominent lawyer Atty. Frank Joe Zulueta, who
S nayog torture case and
I
Let us perhaps now improve the capacity of the
Philippine National Police to utilize forensic evidence,
rather than to rely on testimonial evidence in the
prosecution of crimes covered by the IHL law.
Testimonial evidence, after all in this country, is
often very cheap to procure or is readily available
through resorting to torture. Let us demand from the
National Prosecution Seruice a better conviction rate
for extralegal killings. The current rate is 1olo and this
is according to an Asia Foundation Study conducted
by Atty AI Pareno. Let us conduct a dialogue with
.rderstand is even a fraternity brother and classmate
the judiciary and discuss if we should instead adopt
the European lnquisitorial system where it is the
-e
tremendous structural challenge facing our
-:tion today. The Ampatuan Massacre prosecution
- ghlights the failure of the state to accord victims of
-e gruesome massacre an effective remedy under
-rmestic law which together with the duty to pay
rmpensation are state obligations, where it has
':,led to protect and promote the right to life.
Judge that gathers the evidence in the resolution of a
dispute, rather than the current American adversarial
-ere can only be an effective remedy
under lHL.
-
when the
system that we have, with the Judge as a passive
recipient of evidence adduced by the parties- Let us
all consider the possibilities in order to hasten the
administration of justice in this country, for in the end
it is only through a working criminal justice system
that we can truly discharge our treaty obligations
-,rsecution results in a conviction within a reasonable
re. While reasonable time will vary from jurisdiction
jurisdiction there is now a looming consensus that
- democratic systems wiih working legal systems, the
-:.?rdge trial of the accused in a case as prominent
:. the Ampatuan case should not go on for as long
.. it already has today. And while our courts have
Let us synchronize too our foreign policy with
our treaty obligations. Recently the international
community expressed its condemnation of the crime
against humanity being perpetrated against the
Syrian people by its own government The dilemma
in Syria is because legal resort to force can be had
>oceedings of the Second National Summit on International Humanitarian Law in the
Philippines
L1 December
20L2 E