I had forgotten all about this: In response to this column on Ferdinand Marcos and EJKs, some blowhard with a private Disqus account had some dark thoughts about the columnist: me. (Note: “bulagta” means sprawled, lifeless, on the street.)
In which I offer a definition of “extrajudicial killing,” and traced its practice to Ferdinand Marcos. Published on September 12, 2017.
Benigno Aquino III, the former president, was wrong to say last month that the killings that have characterized the Duterte administration’s campaign against illegal drugs could not be called extrajudicial. His reasoning is pedantic. “If you say there is extrajudicial killing, then it means there is judicial killing. But I remember, we do not have the death penalty, so there is no judicial killing. Therefore, there is no extrajudicial killing. No judicial, no extrajudicial,” he said in Filipino.
He was not ignoring the bloodbath that is drowning the country; he was merely trying to be precise about terms. But I’m afraid his understanding of judicial killing is too narrow. The “judicial” in extrajudicial does not refer to capital punishment alone, but to the legal exercise of the violence that, in modern societies, is supposed to reside with the state alone.
The troops fighting the Maute Group in Marawi, the police units involved in the raid on Mamasapano, the National Bureau of Investigation agents pursuing kidnap-for-ransom gangs — they and others like them had or have the legal sanction to kill, if necessary. (The more accurate term then is “extralegal.”) Continue reading
Another 10-part Twitter thread, starting here. (You can of course click on the card below.)
Published on May 23, 2017.
On April 24, lawyer Jude Sabio submitted a “communication” to the Office of the Prosecutor of the International Criminal Court in The Hague, seeking an investigation into crimes against humanity allegedly masterminded or committed by President Duterte and 11 other officials. We do not know what will happen to Sabio’s action; the procedures are detailed for all to see or study on the ICC website, but for the Philippines, this is a case of first impression.
For some members of the political opposition, the ICC might also prove to be the court of last resort. The impeachment complaint Magdalo party-list Rep. Gary Alejano filed against the President was disposed of in a matter of hours; there was no “prejudicial questions” maneuver to create at least the semblance of deliberation (as in the first impeachment complaint filed against President Gloria Arroyo in 2005). While ICC prosecution does not require the state that is party to the Treaty of Rome to exhaust all remedies (the ICC prosecutor has “motu proprio” powers), it can also step in when “the State is unwilling or unable genuinely to carry out the investigation or prosecution.” Continue reading