COFFEE SHOP CHAT: ICC - A BITTER PILL FOR PH TO HEAL

 

PETER: Good morning, my friends! How are you?

PAUL: I’m fine. You?

MARY: Me too, I’m fine. Thank God.

PETER: I’m still a bit indignant about what happened to our country under Duterte. As COA revealed lately, a whopping P19 billion in secret funds Duterte had gotten during his six-year term. Oddly enough, among the more than 115 million Filipinos who own such a massive cash through their taxes, nobody knows where it all ended up.

MARY: P19 billion is a colossal number, that is, 19 followed by 9 zeros.

PAUL: One netizen figured out P1 billion is equivalent to a 36-storey high skyscraper of 1,000-peso bills stacked in a single column. For P19 billion, that’s 19 skyscrapers of money.

PETER: Worse, Duterte admitted publicly that as mayor, he used them to hire assassins. 

MARY: But, Pet, don’t be upset anymore. His time is over. We have a new beginning now.

PAUL: Mary is right, Pet. Let’s not dwell on the past. Let’s move on and focus on the present and the future.

PETER: I can’t move on, guys. I can’t forget the thousands of people killed in his war on drugs. I can’t shrug off his corruption and abuse of power. I can’t brush aside his attack on democracy and human rights in our country.

MARY: I understand you, Pet. Me too, I was infuriated by what he did to our country. But we can’t change the past. What matters is what we can do right for today and tomorrow.

PAUL: Yes, Pet. Don’t lose hope. There is still a solution for our country. Do you know what it is?

PETER: What is it, Paul? Tell me.

PAUL: The solution is the International Criminal Court or ICC.

PETER: ICC? What is that?

PAUL: The ICC is a permanent international court that investigates and prosecutes individuals who are accused of committing grave crimes of concern to the international community, such as genocide, war crimes, crimes against humanity, and crimes of aggression. It aims to end impunity, promote accountability, and contribute to justice and peace. It respects the principle of complementarity, which means that it does not replace or interfere with the national courts, but rather supports or supplement them when they are unable to prosecute such crimes.

PETER: I see. And how can the ICC help heal our country from Duterte’s legacy?

PAUL: I will answer your question, Pet, by reading excerpts of an article on how the ICC can help heal our country by doing the following:

INVESTIGATING AND PROSECUTING THOSE WHO ARE MOST RESPONSIBLE FOR THE CRIMES COMMITTED UNDER DUTERTE’S REGIME

The ICC has authorized the opening of a formal investigation into Duterte’s war on drugs in September 2021, after finding reasonable grounds to believe that crimes against humanity of murder, torture, enforced disappearance, and persecution were committed. It has also authorized an investigation into Duterte’s role in the Davao death squad killings when he was mayor of Davao City from 1988 to 2016. It can hold him and his accomplices accountable for their actions, and impose sanctions such as imprisonment or reparations.

PROVIDING REPARATIONS AND RECOGNITION TO THE VICTIMS AND THEIR FAMILIES

The ICC has a mandate to ensure that the victims of the crimes within its jurisdiction have access to justice and redress. It has a Trust Fund for Victims that can provide material or symbolic assistance to the victims and their families, such as medical care, psychological support, education, or livelihood. It can also grant unprecedented rights to the victims to participate in its proceedings, such as presenting their views and concerns, submitting evidence or observations, or questioning witnesses or experts.

REVEALING THE TRUTH AND EXPOSING THE LIES ABOUT WHAT HAPPENED AND WHY IT HAPPENED

The ICC must establish the facts and circumstances of the crimes within its jurisdiction. It can collect and analyze various sources of information, such as documents, reports, testimonies, forensic evidence, or digital data. It can also conduct hearings or trials where witnesses or experts can testify under oath. It can also issue public reports or judgments where it can present its findings or conclusions. It can create a historical record and a collective memory of Duterte’s crimes that can prevent denial, distortion, or revisionism.

PUNISHING THE GUILTY AND PROTECTING THE INNOCENT FROM FURTHER HARM OR RETALIATION

The ICC has the power to issue arrest warrants or summonses for suspect or accused persons who are subject to its jurisdiction. It can also request cooperation from state parties or other entities to arrest or surrender such persons to its custody. It can also impose protective measures for witnesses or victims who may be at risk of harm or intimidation because of their involvement in its proceedings.

DETERRING OR PREVENTING FUTURE CRIMES OR ABUSES BY SENDING A CLEAR MESSAGE THAT NO ONE IS ABOVE THE LAW

The ICC has a role to play in preventing or discouraging the commission of crimes within its jurisdiction. It can do so by raising awareness and education about its mandate  and activities, enhancing the capacity and willingness of the Philippine authorities to prosecute such crimes, mobilizing the support and cooperation of the international community and civil society, applying the principle of positive complementarity, which means that it can encourage or assist states to fulfill their obligations to investigate or prosecute such crimes. It can also influence the behavior and attitudes of potential perpetrators or victims by creating a sense of deterrence or retribution, or by fostering a culture of human rights and peace.

PETER: Wow, Paul, you are amazing. Thank you for explaining this to me about the ICC.

PAUL: The ICC is the key to the healing of our country and the Filipino people from Duterte’s legacy because it can restore trust and confidence in the rule of law and human rights in our country.

PETER: Now, I understand better why ICC is important for our country.

PAUL: I’m not the smartest among us, guys. I just read some news and articles about the ICC. I just want to know the truth and the solution to our problem.

PETER: It’s good that you read some news and articles about the ICC, Paul. You’ve opened my mind about it. Now, I believe that the ICC is the key to the healing of our country from Duterte’s legacy.

MARY: My feeling and perspective, Paul, have changed about the ICC. I hope it will indeed be the key to ending impunity, promoting accountability, and contributing to justice and peace for our country.

PAUL: Thank you very much. I hope that we are not the only ones who have been enlightened. I wish we can be a part of the movement and change for our country. This is our duty and responsibility as Filipinos. This is our way to help heal our country. This is our expression of our hope, chance, and change.

PETER: Thank you, Paul. You’ve given me new light and courage about our situation. You’ve given me a new purpose and direction about our future.

MARY: Me too, Paul, thank you. I’ve learned a lot in our chat today. You’ve inspired me to become a part of the solution to our country’s problem. I hope there will be a brighter tomorrow for all of us, Filipinos.

PAUL: You’re welcome, my friends. God bless us and our country, the Philippines.

Content put together in collaboration with Microsoft Bing AI-powered co-pilot

Head photo courtesy of istockphotodotcom

Video clips courtesy of YouTube