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No other Philippine statute has shown this much adherence to international law.
Certainly not the
Philippine anti-terrorism law R.A. No. 9372 which, instead of making reference to the 12 international anti-
terrorism conventions as it should have, makes reference to 12 Revised Penal Codeprovisions and special laws.
Unlike R.A. No. 9851 having a section on Applicability of International Law, what R.A. No. 9372 hasis a section on
Applicability of the Revised Penal Code — a 1932 domestic law whichis basically an extension of the Spanish Penal
Codeof 1870, being applied to post-9/11, 2001 terrorism!
Amongthe various major treaty sources of R.A. No. 9851, several haveactually not yet been ratified by the
Philippines: the 1954 Hague Conventionfor the Protection of Cultural Property, the 1977 Additional Protocol I of
the 1949 Geneva Conventions, and the 1998 RomeStatute. Their not yet being ratified rightly did not bar the
sovereign Philippine Congress, in the exercise of its plenary legislative power, from adopting some oftheir
provisions into the national criminal law. Indeed, the ICRC Advisory Service has said, “When these offenses are
separately defined in national criminal law, the independenceofthis definition of international law can permit the
repression of a breach of oneof the treaties (e.g. Additional Protocol I), even if the treaty has not beenratified by
the prosecuting State.” Ratification has another function, which is to bind the Philippines with a particular
internationaltreaty regime, in terms of both obligations and benefits. And so, because the Philippineshasnotyet
ratified the RomeStatute,it is not yet part of the ICC system.
But the above-indicated sourcesare not onlytreaty international law but also “the rules and principles of
customary international law.” R.A. No. 9851’s Declaration of Principles and State Policies lays the basis for this
through this particular paragraph: “The state adopts the generally accepted principles of international law,
including the Hague Conventions of 1907, the Geneva Conventions on the protection of victims of war and
international humanitarian law,as part of the law ofour nation.” This paragraphis actually a restatement ofthe
1949 Philippine SupremeCourt ruling in the Kurodacase of another Japanese warcriminalin the Philippinesthat
“the rules and regulations of the Hague and Geneva conventions form part of and are wholly based on the
generally accepted principles of international law... Such rules and principles, therefore, form part of the law of
our nation even if the Philippines wasnot a signatory to the conventions embodying them.”
In other words, as far as the primary IHLtreaties like the Hague and Geneva Conventions are concerned,
the rules and regulations therein are already deemedincorporated into Philippine law. Therefore, in a sense, R.A.
No. 9851 merely “re-legislated” these rules and regulations for clarity and updating, and also because the
treaties themselves require domestic penallegislation. It consolidated those principles, rules and regulations in
one comprehensive law in so far as the domestic penal aspect of serious international crimes is concerned. In
fine, R.A. No. 9851 is a marriage of national criminal law andaspectsof international law. Theresultis a different
framework from pure or ordinary criminal law. This different frameworkis justified by the difference between
commoncrimesand seriousinternational crimes — just as different diseases require different medical treatment.
Under R.A. No. 9851, the State shall ensure that judges, prosecutors and investigators, especially those
designated for purposes of this Act, receive effective training in human rights, international
humanitarian law andinternational criminal law. Thus, this new law can and should be a catalystfor the
infusion of more international law (and thus more cosmopolitan and less parochial) consciousness among
Filipino lawyers and law students through the law curriculum and continuing legal education. This can be
considered part of a broader educational and consciousness-building effort on IHL and humanrights which is
crucial for their implementation and enforcement, in conjunction with criminal prosecution. No less than
outgoing Chief Justice Reynato S. Puno has referred to IHL as a “neglected aspect of international law in our
jurisdiction.”
Thetruetest of R.A. No. 9851is of course in the practice of adherence, implementation and enforcement.
This starts with an appreciation of its breakthrough nature andfeatures for the enforcement of IHL and human
rights. It also leads the way nowfor the easier passage of other more specific IHL-relatedlegislation like thestill
pendingbills on landmines and oninternal displacement, andthestill pending ratification of the 1977 Additional
Protocol I and the 1988 RomeStatute..
Thoughpenal sanctions are indispensable to ensure respect for IHL and humanrights, such sanctions are
insufficient in themselves to put an end to acts contrary to IHL and humanrights. These normsneedto be placed
withina suitable regulatory framework which will lay down the behavior complying with or prohibited by IHL and
humanrights. In sum,the Philippines through R.A. No. 9851 maybesaidto be availing of the best that has been
created by humanity in termsof international law to prevent and punish the worst acts of inhumanity. Availing
of “the best that has been created by humanity”is also surely part of teaching, learning and doing law “in the
grand manner.”
Thankyou.