Department of Justice (DOJ) Secretary Leila de Lima on
Tuesday clarified that the Moro Islamic Liberation Front (MILF) who allegedly
killed the Special Action Force (SAF) men during Mamasapano incident should be
subjected to the Philippines
courts and not in the international court of justice.
De Lima made this clarification after MILF chief negotiator
Mohagher Iqbal claimed that the MILF fighters who engaged in the Mamasapano
incident will be submitted to the jurisdiction of the international court of
justice “if it is in the nature of a war crime.”
”In so far as this whole issue is concerned in the
Mamasapano incident in relation to the peace process, MILF here is a non-state
actor involved in a non-international armed conflict,” De Lima explained to the
Senate committee on public order and dangerous drugs that conducted hearing on
the Mamasapano incident.
The DOJ chief said the Philippines has capability of
executing its laws like the investigation being done by the National Bureau of
Investigation (NBI) team on the killing of the 44 SAF commandos last January
25.
”It’s working. We are the state and we have the power to
enforce our laws and we have the power to compel people to submit themselves to
the criminal justice system of this country,” she explained to Senator Paolo
Benigno Aquino IV.
Earlier, Senator Aquino asked Iqbal on what the MILF will do
if their combatants will be found guilty based on the MILF investigation.
”If it is in the nature of a war crime, we have to submit to
the jurisdiction of the international court of justice. That’s the body that
has jurisdiction over war crimes,” Iqbal replied.
De Lima explained the MILF can only resort to international
court on war crimes “if it established that what was really committed really
constitute war crimes under international law and our own domestic law.”
”If our domestic authorities aren’t able to work, meaning we
are unable, unwilling or failed to investigate or prosecute, they can resort to
the international criminal court on war crimes. That is very clear under both
international laws,” De Lima further explained.
Iqbal said the MILF is conducting its own investigation
although he recommended also the creation of separate independent body to look
into the incident specifically to reports that the firearms taken by the MILF
and Bangsamoro Islamic Freedom Fighters (BIFF) fighters have been cannibalized.
The MILF official also vehemently denied that they are
coddling terrorists specifically high-profile terrorists Zulkifli bin Hir alias
"Marwan" and Basit Usman, the main targets of the Jan. 25 Oplan
Exodus in Mamasapano, Maguindanao.
”We have no relations with terrorists and terrorist
organization. We are not coddling Marwan and Usman. That’s why we’re
cooperating with the government with the fullest extent that the terrorists
will be eliminated,” Iqbal said.
Iqbal went on saying that the terrorists are plagues in the
society.
”The terrorists are unlike the revolutionary that the
legitimate target are the combatants. The terrorists plant bombs that affect
even children, elderly, women,” Iqbal said.
Meanwhile, Iqbal said the MILF will continue to show gesture
of good faith by convincing their commanders and fighters to give up their
firearms, including the remaining weapons taken by their combatants from the
fallen SAF 44.
”We will return the firearms and even the personal effects
if there are still at the hands of our fighters,” Iqbal said.
He said the MILF is committed to push through the peace
process “because we might be facing bigger problem in the future if we will not
push through the peace process.”
”On our part, we are willing to do anything that is possible
for us to do. We promised that the remaining firearms will be turned over to
the PNP as soon as we would have that firearms with us,” Iqbal said.
On the circulated video showing a combatant killing a
wounded SAF trooper, Iqbal said not only the killer should be charged
criminally but also those who uploaded the videos.
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=738612
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