isaiahnoelarcenas

[isaiahnoelarcenas]

should death penalty be re-imposed in the Philippines?

The Philippines has a complex history with the death penalty, having abolished and reinstated it several times. Re-imposing it sparks a heated debate, with strong arguments on both sides.

Arguments for Re-imposition: Deterrence: Proponents believe capital punishment deters criminals from committing heinous crimes like murder, rape, and drug trafficking. They argue the ultimate punishment discourages criminals and protects society. Justice for Victims: Supporters see the death penalty as the only just punishment for certain crimes, offering closure and a sense of justice for victims' families who've suffered immensely.

Arguments Against Re-imposition: Irreversible Error: Opponents highlight the risk of executing an innocent person. A judicial system is not infallible, and wrongful convictions can have devastating consequences. Inhumane Practice: Many see capital punishment as cruel and unusual punishment, violating the right to life. They argue rehabilitation and life imprisonment are more humane alternatives. Socio-economic Factors: Critics point out the death penalty disproportionately affects the poor who lack access to proper legal defense. A flawed justice system could lead to biased application. Ineffectiveness as Deterrent: Research on the deterrent effect of capital punishment is inconclusive. Crime rates haven't shown a significant decrease in countries with the death penalty compared to those without it.

The Philippines' Specific Context: High Crime Rate: The Philippines grapples with a significant crime problem. Proponents argue the death penalty could be a tool to combat it, particularly regarding drug-related offenses. Rehabilitation vs. Punishment: The Philippines' prison system faces challenges. Focusing on rehabilitation and improving prison conditions could be a more effective long-term solution. International Obligations: The Philippines has ratified international treaties like the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims to abolish the death penalty. Reinstating it could violate these obligations.

Conclusion: The death penalty is a complex issue with no easy answers. The Philippines must weigh the potential benefits of deterrence and justice for victims against the risk of irreversible mistakes, the ethical concerns, and the lack of clear evidence for its effectiveness as a deterrent. Instead, the Philippines could focus on strengthening its law enforcement and justice system, addressing the root causes of crime, and investing in rehabilitation programs to create a safer and more just society

[isaiahnoelarcenas]

The State of Human Rights in the Philippines: Yay or Nay?

The Philippines presents a complex picture when it comes to human rights. There have been undeniable advancements, but significant challenges remain. Constitutional Protections: The Philippine Constitution guarantees a wide range of human rights, including freedom of speech, assembly, and religion. Active Civil Society: A vibrant civil society exists, with numerous organizations advocating for human rights and holding the government accountable. Improvements in Some Areas: The Philippines has made strides in areas like women's rights and the rights of children. The Commission on Human Rights (CHR): This independent body investigates human rights abuses and promotes respect for human rights. Challenges and Concerns: Extrajudicial Killings: The war on drugs initiated by the Duterte administration has been marred by allegations of extrajudicial killings, targeting suspected drug users and dealers. Attacks on Journalists and Critics: Journalists, human rights defenders, and critics of the government face threats, harassment, and even killings. This creates a climate of fear and stifles dissent. Labor Rights: Despite legal protections, concerns remain regarding violations of labor rights like unfair working conditions and low wages. Indigenous Peoples' Rights: Displacement due to development projects and ongoing violence against indigenous communities are ongoing issues. LGBTQ+ Rights: While there is growing acceptance, discrimination against LGBTQ+ individuals persists. The future of human rights in the Philippines hinges on several crucial factors: Addressing Impunity: Ensuring accountability for human rights violations, regardless of the perpetrator's position, is essential. Strengthening Rule of Law: A strong and independent judiciary is necessary to uphold human rights and ensure fair trials. Engaging Civil Society: A constructive dialogue between the government and civil society organizations is critical to address human rights concerns. Education and Awareness: Promoting awareness and education about human rights at all levels of society can foster greater respect for these fundamental rights. The state of human rights in the Philippines cannot be characterized as a simple "yay" or "nay." There are genuine efforts towards progress, but significant challenges persist. Moving forward depends on the government's commitment to upholding its human rights obligations and working collaboratively with all stakeholders, including civil society, to create a Philippines where human rights are truly respected and protected.

[isaiahnoelarcenas]

The Prospect of Federalism in the Philippines: A Challenge to Political Decentralization in a Unitary State

The Frustrations of Decentralization

Buendia begins by critiquing the effectiveness of decentralization efforts within the Philippines' current unitary system. He argues that attempts to empower local government units (LGUs) have fallen short. The central government retains significant control over resources and decision-making, leaving LGUs financially constrained and lacking the autonomy to address local needs effectively. This, Buendia suggests, hinders genuine political and economic development at the regional level.

Federalism as an Alternative

As a potential solution, Buendia proposes a shift towards a federal system of government. In a federation, power is divided between a central government and regional entities (states or provinces). This empowers regional governments to manage their resources, create local policies, and address regional issues more effectively.

Benefits of Federalism for the Philippines

Buendia argues that federalism offers several advantages for the Philippines:

Addressing Regional Diversity: The Philippines is a culturally and geographically diverse nation. A federal system could empower regions to manage their affairs based on their unique needs and identities, fostering a sense of local ownership and responsibility.

Enhanced Economic Development: By granting greater control over resources and economic policy, federalism could incentivize regional governments to promote economic growth within their territories. This could lead to a more balanced national economic landscape, with less reliance on a centralized economic model.

Resolving Autonomy Issues: The Philippines has a history of movements for regional autonomy, particularly in Mindanao. A federal structure could provide a framework for addressing these aspirations, allowing regions to manage their own affairs while remaining part of a larger national entity.

Challenges and Considerations

While Buendia champions federalism's potential benefits, he acknowledges potential challenges:

Effective Power Sharing: Devising a fair and effective system for dividing power between the national and regional governments is crucial. This includes determining revenue allocation, tax structures, and areas of concurrent and exclusive jurisdiction.

Constitutional Reform: Shifting to a federal system would require significant changes to the Philippine constitution. This necessitates a careful and inclusive process to ensure all stakeholders have a voice and national unity is preserved.

Potential for Fragmentation: Fears exist that a federal system could lead to increased regional fragmentation and weaken national identity. However, Buendia argues that a strong national framework can ensure unity while allowing for regional autono

Buendia concludes by advocating for a serious examination of federalism as a viable alternative to the current unitary system. He argues that while not a panacea, federalism offers a framework for addressing the limitations of decentralization and promoting a more responsive, diverse, and economically robust Philippines.

[isaiahnoelarcenas]

South China Sea vs. West Philippine Sea: A Complex Territorial Dispute

Renaming the South China Sea within its Exclusive Economic Zone (EEZ) as the "West Philippine Sea" by the Philippines in 2012 goes beyond simple terminology. It represents a brazen claim to sovereignty over its marine domain, separate and apart from the wider South China Sea tensions. It's a message inscribed in Filipino hearts as much as on maps. Reaffirming Philippine rights within its EEZ and categorically dismissing China's vast claims in the South China Sea, the 2016 Permanent Court of Arbitration (PCA) verdict is a beacon of legal clarity. This triumph upheld the fundamentals of international law and carved forth an important legal precedent. But turning a court victory into real results is still a very difficult task. China continues to ignore the verdict, which poses a difficult challenge. So, how can the Philippines navigate this complex landscape and advance its arbitral victory? Here are some potential avenues?

Strategic Partnerships:

Establishing robust alliances with both regional and international allies who express apprehensions regarding China's conduct is imperative. In promoting a peaceful conclusion and preserving international law, the US, ASEAN, and EU can all play significant roles. Coordinated diplomatic initiatives, cooperative business ventures, and joint patrols can all effectively convey a sense of unity.

Economic Inclusion:

Important efforts include developing resources inside the EEZ sustainably, investing in maritime capabilities, and promoting economic cooperation with neighboring coastal states. Strong maritime presences bolster claims, and prudent resource management shows good governance. Working together on cooperative ventures and fisheries management with neighbors can promote wealth for both parties.

Unwavering Legal Defense:

It is imperative to continue applying legal pressure on China. The issue can be sustained and gain worldwide support by using international institutions such as the UN to restate the PCA verdict and by pursuing other judicial pronouncements that confirm its validity. Participating actively in methods for resolving disputes can show a commitment to amicable settlement that is grounded in international law.

Unity and Public Participation:

It is imperative to increase public awareness of the problem. Long-term viability depends on promoting national cohesion behind the West Philippine Sea claim and educating the public about their marine rights. A strong public awareness and support for government initiatives can be developed through candid conversations, educational initiatives, and media participation. The Philippines' legal win offers a strong platform to battle for its legitimate claims, even while the question of whether the South China Sea is genuinely the West Philippine Sea continues to be a subject of disagreement on an international level. The Philippines can effectively traverse the difficulties of the region and ensure that the West Philippine Sea accurately reflects its sovereign territory and that international law is upheld by means of strategic partnerships, economic empowerment, persistent legal advocacy, and public involvement.

[isaiahnoelarcenas]

Social Justice and Legal Education

Constitution and legal system: The social justice and human rights values enshrined in the Philippine Constitution offer a legal framework for defending the rights of all citizens, especially the underprivileged groups in Mindanao. More justice and fairness can also be achieved by laws and policies that preserve indigenous rights, the environment, and land rights. The Bangsamoro Autonomous Region in Muslim Mindanao, or BARMM, was established in 2019 with the intention of addressing historical injustices and giving Indigenous Muslims and other cultural communities the ability to choose their own development goals. Legal aid: For individuals who cannot afford private attorneys, free or inexpensive legal services from agencies such as the Public Attorney's Office, non-governmental groups, and law schools help guarantee access to justice. This is especially important for Mindanao's underprivileged populations that are threatened by human rights abuses, land grabs, or displacement. Pro bono initiatives: To support underprivileged people and communities, a large number of attorneys and other legal experts donate their time and knowledge, which helps to fund pro bono legal services in Mindanao. Community-based paralegals: Skilled individuals in the community can offer fundamental legal support and increase knowledge of rights and privileges, enabling the local populace to successfully traverse the legal system. Human rights organizations: Groups like the National Union of Peoples' Lawyers and the Mindanao Human Rights Center work to protect human rights, keep track of violations, and advance legislative and policy changes that assist Mindanao's underprivileged populations. Public interest litigation: Attorneys can utilize strategic litigation to oppose legislation that discriminate against their clients, hold government officials responsible for violating their human rights, and protect the rights of marginalized communities. Advocating for policies: Attorneys and other legal professionals can influence laws and policies that advance social justice and specifically address issues that the people of Mindanao experience by participating in the formulation and legislative processes. Notwithstanding these efforts, there remain obstacles and restrictions: Insufficient availability of legal services: A lot of Mindanao's communities, especially those in outlying areas, still do not have access to legal aid or competent legal counsel. Corruption and impunity: Weak legal systems and corruption can make it more difficult for the disadvantaged to access the court system. Complexities of the conflict: Mindanao's protracted conflict presents special difficulties that frequently call for comprehensive solutions that go beyond merely legal actions. All things considered, even though the legal system and the legal profession have their limitations, they nevertheless contribute significantly to the advancement of social justice and the general welfare of the people of Mindanao by offering structures for defending rights, guaranteeing access to the legal system, pushing for change, and confronting injustices. To guarantee that law and the legal profession successfully contribute to a more just and equitable society in Mindanao, ongoing efforts to fortify legal institutions, enhance access to legal services, and address the underlying causes of inequality are imperative.

[isaiahnoelarcenas]

Should the Philippines Bring Back the Death Penalty: Criminality, Justice, and Human Rights

The Philippines has a long and complex history with the death penalty. Abolished in 2007, its return has been a constant topic of debate, particularly in the context of crime and public safety. This blog delves into the arguments for and against re-imposition, considering the impact on criminality, justice, and human rights.

Arguments for Re-imposition: Justice and Deterrence

Proponents of the death penalty often cite retribution and deterrence as key reasons for its return. They argue that heinous crimes like drug trafficking and murder deserve the ultimate punishment. The death penalty, they believe, delivers a sense of justice for victims' families and serves as a strong deterrent against future offenses.

In the Philippines, this perspective resonates with a public frustrated by rising crime rates, particularly drug-related violence. The belief is that the death penalty will incapacitate dangerous criminals and send a strong message to potential offenders.

Arguments Against Re-imposition: Flawed Systems and Human Rights

Opponents of the death penalty raise critical concerns about the fairness and efficacy of the justice system. They argue that a flawed system with a high incidence of wrongful convictions risks taking innocent lives. The Philippines' justice system faces challenges, including poverty-stricken defendants with limited access to proper legal representation. This raises the possibility of death sentences based on weak evidence, leading to irreversible injustices.

Furthermore, the effectiveness of the death penalty as a deterrent is highly contested. Studies have shown little to no correlation between capital punishment and reduced crime rates. Rehabilitation and strengthening law enforcement are often seen as more effective solutions.

The death penalty also faces strong human rights arguments. It is considered cruel and unusual punishment, violating the right to life. Additionally, the Philippines, by ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, is obligated to uphold the abolition of the death penalty. Re-imposing it would violate this international commitment.

The Road Forward: A Balanced Approach

The debate on the death penalty is unlikely to be definitively settled. However, there are steps the Philippines can take to address public concerns about crime without resorting to capital punishment.

Strengthening the Justice System: Investing in a more efficient and fair justice system is crucial. This includes improving access to legal representation, reducing case backlogs, and ensuring proper investigations.

Focus on Rehabilitation: Effective rehabilitation programs can help reduce recidivism rates and offer a path for reintegration into society.

Addressing Root Causes of Crime: Poverty, lack of opportunity, and social inequality contribute to crime. Investing in education, social programs, and job creation are crucial to tackling crime at its source.

The Philippines can ensure public safety and uphold human rights through a comprehensive approach that prioritizes a strong justice system, rehabilitation, and addressing the root causes of crime. While the emotional pull of the death penalty is strong, a more nuanced and sustainable approach is needed to build a safer and more just society.

[isaiahnoelarcenas]

A Flickering Flame: Strengthening the Philippine Criminal Justice System

In the Philippines there are really big issues to our justice system some people might say that other foreign people go to the Philippines so that they can be excused of their crime that they committed in their home country as a political Science student this are the ways to make the Philippine justice system to be more efficient and all Filipinos whether rich or poor can be covered. Addressing Congestion: The backlog of cases is a crippling issue. One key solution lies in streamlining procedures. Implementing technology for court filings and case management can expedite processes. Additionally, diversion programs that focus on rehabilitation for petty offenses can free up court resources for serious crimes. Empowering Law Enforcement: Public trust in the police is crucial. Investing in police training on proper investigative techniques, human rights, and community engagement can foster better relations. Addressing police corruption through stricter oversight and competitive salaries will further strengthen the force. Protecting the Vulnerable: The justice system often fails the most vulnerable – victims and witnesses. Strengthening the Witness Protection Program by ensuring its effectiveness and providing adequate security and support is essential. Establishing victim support services to guide them through the process and offer counseling can make a significant difference. Rehabilitation, not Incarceration: Prisons are often overcrowded and fail to rehabilitate inmates. Restorative justice programs, where offenders meet victims to take responsibility and seek forgiveness, can be a powerful tool for rehabilitation and reducing recidivism rates. Investing in vocational training and education programs in correctional facilities can equip inmates with skills for successful reintegration into society upon release. The Role of Technology: Technology can be a powerful ally. E-courts can expedite case processing, while video conferencing can facilitate remote court appearances. Additionally, data analytics can help identify crime hotspots and patterns, allowing for targeted police interventions. Building a Culture of Accountability: A strong justice system requires accountability at all levels. Independent commissions can investigate police misconduct and corruption, ensuring swift and fair consequences. Additionally, fostering a culture of legal awareness within the public can empower citizens to understand their rights and hold authorities accountable. The Road Ahead: The path towards a stronger justice system requires collaboration. Civil society organizations, legal professionals, and the government must work together to identify priorities and implement reforms. Public engagement through open dialogues and educational programs is also vital. A Brighter Future :Building a fair and efficient criminal justice system is a long-term endeavor. By addressing the issues outlined above and fostering a collaborative spirit, we can transform those "glimmers of hope" into a brighter future for the Philippines, where justice truly prevails.

[isaiahnoelarcenas]

The State of Human Rights in the Philippines: A Precarious Perch

The Philippines presents a complex picture when it comes to human rights. The recent Human Rights Watch (HRW) Report and the video you watched likely paint a concerning picture, but there are also glimmers of hope. Let's delve into the current state of human rights in the Philippines, acknowledging both the challenges and potential for progress. Extrajudicial Killings: The "war on drugs" under the previous administration, and to some extent under the current one, has been marred by allegations of extrajudicial killings. HRW reports on continued killings by police and unknown assailants, raising serious concerns about due process and the rule of law. Shrinking Democratic Space: Freedom of expression is under pressure. The HRW Report details harassment, threats, and arbitrary arrests of journalists and human rights defenders. This stifles dissent and hinders accountability. Impunity for Abuses: A major hurdle is the lack of accountability for human rights violations. The justice system struggles to investigate and prosecute abuses, creating a climate of impunity for perpetrators. Conflict and Displacement: Longstanding armed conflict, particularly with communist rebels, continues to displace communities and lead to human rights abuses by all sides involved.

Reasons for Hope:

Shifting Rhetoric: President Marcos Jr.'s rhetoric on human rights is a stark contrast to his predecessor. This offers a potential opening for reform, though concrete actions are needed. Engaged Civil Society: The Philippines boasts a vibrant civil society that continues to speak out against abuses. Their tireless efforts document violations and keep pressure on the government. International Scrutiny: The international community plays a crucial role. The HRW Report and pressure from the UN highlight the need for reform.

The Way Forward:

Independent Investigations: Investigating human rights abuses, particularly extrajudicial killings, independently and impartially is essential. This could involve international cooperation and strengthening mechanisms like the Commission on Human Rights. Judicial Reform: A robust and independent judiciary is critical. Streamlining processes, combating corruption, and ensuring adequate resources for the courts are all vital steps. Protecting Dissent: Safeguarding freedom of expression and peaceful assembly is paramount. Strengthening legal protections and fostering a climate where activists and journalists fearlessly pursue the truth is crucial. Community-Based Solutions: Finding solutions to the root causes of conflict and crime can help create safer communities. Investing in education, social programs, and addressing poverty are crucial components of a holistic approach

.A Balancing Act:

The state of human rights in the Philippines is precarious. Significant challenges remain, and trust in institutions needs rebuilding. However, the potential for progress exists. By building on the reasons for hope and prioritizing genuine reform, the Philippines can move towards a future where human rights are respected and protected.

[isaiahnoelarcenas]

Critical Analysis of the clashing political dynasties in the Philippines

Why? This is an issue that really change the political landscape of the Philippines, this is because the Marcos administration really put the Dutertes in a unfavorable position first with the change of foreign policy change from china to the us, then to the controversial confidential fund that was denied to the Sara Duterte the vice president, with this the father Former president Duterte really said things that made president marcos mad. Now? This is the time were people really need to think and judge on how this feud can benefit them, with politicians, Business man, Ordinary Filipinos it’s time to really be open minded on what will happen now, if it’s bad for the country or good, as a political science student I should really be cautious on what will happen next because their decisions and actions will affect not only my life but the people of the republic of the Philippines and its archipelago. What? With this issues in hand the people should think on what will happen, will they vote or support one family or vote or support the opposition? This are the important thing that Filipinos should know about, as far as I know the Dutertes or rather the former president has still a high trust rating with the senate 2025 senate elections coming he is in the top 3 in most surveys, likely he will be a opposition of the Marcos administration. For now, I will wait and anticipate what will happen may it be good or bad, I just want to be peaceful and safe.

[isaiahnoelarcenas]

West Philippine Sea

Renaming the South China Sea within its Exclusive Economic Zone (EEZ) as the "West Philippine Sea" by the Philippines in 2012 goes beyond simple terminology. It represents a brazen claim to sovereignty over its marine domain, separate and apart from the wider South China Sea tensions. It's a message inscribed in Filipino hearts as much as on maps. Reaffirming Philippine rights within its EEZ and categorically dismissing China's vast claims in the South China Sea, the 2016 Permanent Court of Arbitration (PCA) verdict is a beacon of legal clarity. This triumph upheld the fundamentals of international law and carved forth an important legal precedent. But turning a court victory into real results is still a very difficult task. China continues to ignore the verdict, which poses a difficult challenge. So, how can the Philippines navigate this complex landscape and advance its arbitral victory? Here are some potential avenues?

Strategic Partnerships:

Establishing robust alliances with both regional and international allies who express apprehensions regarding China's conduct is imperative. In promoting a peaceful conclusion and preserving international law, the US, ASEAN, and EU can all play significant roles. Coordinated diplomatic initiatives, cooperative business ventures, and joint patrols can all effectively convey a sense of unity

2. Economic Inclusion:

Important efforts include developing resources inside the EEZ sustainably, investing in maritime capabilities, and promoting economic cooperation with neighboring coastal states. Strong maritime presences bolster claims, and prudent resource management shows good governance. Working together on cooperative ventures and fisheries management with neighbors can promote wealth for both parties.

3. Unwavering Legal Defense:

It is imperative to continue applying legal pressure on China. The issue can be sustained and gain worldwide support by using international institutions such as the UN to restate the PCA verdict and by pursuing other judicial pronouncements that confirm its validity. Participating actively in methods for resolving disputes can show a commitment to amicable settlement that is grounded in international law.

4. Unity and Public Participation:

It is imperative to increase public awareness of the problem. Long-term viability depends on promoting national cohesion behind the West Philippine Sea claim and educating the public about their marine rights. A strong public awareness and support for government initiatives can be developed through candid conversations, educational initiatives, and media participation.

The Philippines' legal win offers a strong platform to battle for its legitimate claims, even while the question of whether the South China Sea is genuinely the West Philippine Sea continues to be a subject of disagreement on an international level. The Philippines can effectively traverse the difficulties of the region and ensure that the West Philippine Sea accurately reflects its sovereign territory and that international law is upheld by means of strategic partnerships, economic empowerment, persistent legal advocacy, and public involvement.

[isaiahnoelarcenas]

Challenges in Seeking Redress for Human Rights Violations

Human rights have come a long way in society, before there were limited rights given to people, which are the royalties, Nobleites and other rich and powerful. The people below are given no rights because all decisions and affairs come from the high-ranking people in society. In the Philippines it is also the same that the high priest is in command which were chosen by the Spanish authorities in Spain, so there were abuses before during the Spanish colonial period in which Filipinos endured for many years. I will give example on why is it difficult to redress right that are violated in the Philippines

Judicial Backlog: The Philippine judicial system faces a backlog of cases, leading to delays in legal matters. Backlog can also be difficult for individuals seeking redress and obtaining timely justice.

Corruption: Corruption within the legal and judicial system can hinder cases' fair and efficient resolution. It may lead to bias, unfair treatment, or even the manipulation of legal processes. Limited Access to Legal Resources: Many individuals in the Philippines have challenging access to legal representation because of financial constraints, and lack of resources can impede their ability to navigate the legal system effectively.

Inadequate Legal Protections: In some cases, there may be insufficient legal protections, making it challenging to address certain rights violations. Advocacy for legal reforms may be necessary to strengthen these protections.

Political Influence: Political factors can sometimes interfere with the independence of the judiciary, affecting its ability to address rights violations impartially. Bureaucratic Hurdles: Administrative processes and bureaucratic hurdles can create obstacles for individuals seeking redress. These challenges may include complex paperwork, clear procedures, or efficient government agencies.

Examples of human rights abuses in the Philippines

Extrajudicial killings ● Challenges: ● Inability to hold perpetrators accountable due to allegations of law enforcement involvement. ● The perception of impunity, where those responsible for extrajudicial killings do not face legal consequences, contributes to a culture of fear. Media repression ● Challenges: ● Limited press freedom can suppress investigative journalism and hinder the reporting of human rights abuses due to restrictive laws and intimidation tactics. ● Due to fears of reprisals, journalists may self-censor due to insufficient protection. Violence Against Activists: ● Example: Killings and harassment of human rights defenders and activists. ● Challenges: ● State-Sanctioned Intimidation: Suspicions of state involvement or condonation of violence against activists can create fear. ● Weak Protection Mechanisms: Inadequate protection mechanisms for human rights defenders can leave them vulnerable to threats and attacks. Impunity for Martial Law-era Abuses: ● Due to the passage of time, historical cases may face challenges that make gathering evidence and ensuring fair trials difficult. ● Political Sensitivities: Political considerations may influence the willingness to revisit and prosecute cases from sensitive historical periods. Political Climate and Polarization: ● Challenges: ● Divisive Rhetoric: Political rhetoric that polarizes public opinion can make building consensus on human rights issues difficult. ● The influence of politics on the judiciary can affect the impartiality of legal proceedings.

[isaiahnoelarcenas]

To Investigate or Not To Investigate?

The International Criminal Court wants to Investigate and Persecute Former President Rodrigo Duterte of “War Agasinst Humanity” for the alleged Human rights violation and extrajudicial killings, lack of due process, and targeting of individuals without proper evidence. Human rights organizations, as well as some governments and the United Nations, expressed concern about the methods employed and the impact on the rule of law. The ICC wants to investigate Him form 2016 until 2019 on when he was president and before the Philippines drop out of the ICC.

The Duterte Admistration argued that the campaign was necessary to address the drug problem in the country and that it aimed to protect the Filipino people from the harms of illegal drugs. The President and his supporters maintained that the tough stance on drugs was essential for public safety and national security. There were calls for independent investigations into the reported human rights violations, both domestically and internationally. Some critics argued that the campaign disproportionately targeted marginalized communities and raised questions about the effectiveness of such a heavy-handed approach in addressing the root causes of drug-related issues. Also They said the The ICC is not under Philippines Jurisdiction and thus violating the Philippine Sovereignty.  

As a Political Science Student I should disseminate wither Rodrigo Duterte should be Investigated or not. Firstly I agree with the Duterte Administration that the ICC has no jurisdiction over the Philippines, but the ICC counter says that they would only like to investigate with the help of the Commission of Human rights. Second the Drug war really was bloody with many Extra Judicial Killings with Drug lords and addict both innocent and Guilty without legal process called the Tokhang and Duterte’s Shoot to call policy said to the police. This can be interpreted as a crime against humanity because it was Systematic. Lastly the only way for the ICC to be fully used in when the country is lawless and stateless in order for the country to have a judicial system to prosecute persons, but in the case of the Philippine neither it is stateless and lawless and it also has a working judicial system. With this I can say that Former President Duterte should be investigated Firstly in the Philippines because it has a working judicial system even if the Supreme court doesn’t want to investigate the country is not lawless and stateless, so the Answer is to be not investigated. If he was guilty in court but the state doesn’t want to prosecute and put him to jail, then the ICC can help because the state became lawless in terms of its judicial system. So therefore if this was the Situation then yes he should be Investigated and prosecuted.

[isaiahnoelarcenas]

Kabul, Gaza and Geneva

As of today, here are the happenings in Gaza and Kabul:

Gaza

A ceasefire has been in place since August 7, 2023, following an 11-day conflict between Israeli forces and Palestinian armed groups.

The conflict caused widespread destruction in Gaza, with thousands of homes and businesses damaged or destroyed.

The United Nations estimates that over 2,000 Palestinians were killed in the conflict, while Israel reported 13 fatalities.

The ceasefire has been fragile, with occasional outbreaks of violence.

The humanitarian situation in Gaza remains dire, with many people still displaced from their homes and facing shortages of food, water, and medicine.

Kabul

The Taliban has been in control of Afghanistan since August 15, 2021, when they captured Kabul and the Afghan government collapsed.

The Taliban has imposed a number of restrictions on women and girls, including bans on education and work.

The Afghan economy has collapsed, with widespread unemployment and poverty.

The humanitarian situation in Afghanistan is also dire, with millions of people facing food insecurity.

What do the Geneva Conventions say about protecting the people caught in the conflict, about the combatants involved in the conflict or even the role of the global community?

          Protection of Civilians (Fourth Geneva Convention)

Protection from attack: Attacks cannot be directed towards civilians or property belonging to civilians. It also means that the fighters and civilians must be separate from one another, and that only military targets should be targeted.

Humane treatment: It is imperative that civilians always receive humane treatment. As a result, individuals cannot be the target of abuse, torture, or other cruel, inhumane, or humiliating treatment.

Access to necessities: Common necessities like food, water, and healthcare must be available to citizens. All appropriate actions must be taken by parties to the conflict to guarantee that civilians have access to these necessities.

Protection of specific civilian categories: Women, children, and other marginalized groups

Third Geneva Convention on the Treatment of Combatants

Humane treatment: It is imperative to provide prisoners of war with humane treatment consistently. As a result, individuals cannot be the target of abuse, torture, or other cruel, inhumane, or humiliating treatment.

Humane circumstances of detention: POWs must be kept in conditions that are humane, with enough food, drink, shelter, and medical attention.

Respect for fundamental rights: Inmates of war must have their rights to freedom of religion and against discrimination protected.

Retaliation against POWs is forbidden: Retaliation against POWs is forbidden. This means that prisoners of war cannot be punished for crimes committed by enemy armed forces or by other prisoners of war.

           The Global Community's Function

Ensuring compliance: It is the duty of states to see to it that the Geneva Conventions are followed. This entails implementing all required actions to stop and punish Convention infractions.

Supplying humanitarian aid: It is the duty of states to supply aid to those impacted by armed conflict. This includes giving soldiers and civilians access to food, water, shelter, and medical care.

Holding violators accountable: It is the duty of states to hold parties who violate the Geneva Conventions accountable. Investigating claims of infractions and bringing legal action against those accountable are part of this.

[isaiahnoelarcenas]

What can I do to build a universal culture of human rights, especially in my country, the Philippines.

Human rights is essential to all people, no matter what race, gender, Ethnicity and culture. Human beings has rights to all but in this world there are many factors that can threatened the core concepts of human rights. In the Philippines there are many instances of Rejecting Human rights, in which until today is not fixed, As a Political Science Students there are the Things I can build.

The promotion and protection of human rights present difficulties for the Philippines, as they do for many other countries. The development of a global culture of human rights necessitates a complex strategy involving international cooperation, legislation, grassroots initiatives, and education.

Awareness and Education - Awareness raising and education are the first steps in promoting human rights. Incorporating human rights education into the curriculum at all grade levels is crucial in the Philippines. This can aid in fostering tolerance, equality, and dignity principles early on. Campaigns, workshops, and seminars can also increase public knowledge of issues related to human rights, encouraging a sense of responsibility among citizens.

Law Reforms - In order to defend human rights, legislation is essential. The Philippines should endeavor to develop new laws that are in line with international human rights standards and reinforce existing ones.

Grassroots Projects - Change can start at the local level with the help of civil society organizations and local communities. Encourage the creation of neighborhood organizations that focus on certain human rights issues. These initiatives can provide assistance to victims, promote reform, and take part in community-based outreach and education campaigns.

Cooperation on a global scale -The Philippines should take a proactive role in global human rights organizations like the UN Human Rights Council. Resources, knowledge, and responsibility can be provided in plenty through collaboration with international organizations. This indicates an international dedication to upholding human rights as well.

Responsibility and openness - Accountability and openness are essential for advancing a culture of human rights. Make sure that institutions, government officials, and enforcement agencies are held accountable for any infringement of human rights. Creating independent oversight organization.

Advocacy and the media- Public perception is significantly shaped by the media. Support ethical reporting that emphasizes human rights issues to promote responsible media. In order to spread awareness and push for change, human rights organizations and activists should take advantage of the media.

Government Support - Government should set the bar high. By giving policies and practices that defend and advance human rights first priority, it must show a strong commitment to such rights. As part of this, extrajudicial executions, upholding due process, and respecting freedom of expression are addressed.

In the Philippines, creating a culture of universal human rights requires continual effort from all facets of society. The Philippines can make great progress toward upholding human rights for all of its residents and making a significant contribution to a more just and equitable world by putting a strong emphasis on education, legal reforms, grassroots initiatives, international cooperation, and accountability.

[isaiahnoelarcenas]

Humanitarian law: How to attain peace and freedom amidst chaos in the world

A political science student in general studies about politics and its scope and other elements that regards laws of their country and state, but it is also important that Humanitarian laws should be studied because on how it impacted the world today. During WW2 there when many things that Soldiers did to other soldiers and civilians that deprived them, For example mass executions, Rape, Torture and other horrendous acts. During the 19th century there were many wars the happened during those times but thanks to the help Henry student who was a businessman and a Swiss army officer he pioneered the basis of IHL but also inspired people that during times of war there should be a law that protects people from dying due to unnecessary means.

After WW2 the UN implemented the IHL to many international Countries, in times of war of two or more countries IHL takes effect. The IHL stated that people who surrendered, who cannot fight, who was shot but still alive ETC are protected by the law. The people who are excepted are the ones who are still fighting even soldiers who are giving command are still excepted because they are still fighting in war.

IHL knowledge cultivates critical analytical skills by examining historical and contemporary case studies, enabling students to dissect the complexities of conflict scenarios and assess the potential outcomes of policy decisions. This skillset is invaluable for political science scholars seeking to craft effective strategies to prevent, manage, and resolve conflicts, contributing to the maintenance of international peace and security.

At its core, IHL governs the conduct of parties involved in armed conflicts, offering a framework that seeks to minimize human suffering and preserve basic human rights even in the midst of hostilities. Political science students who delve into the intricacies of IHL gain a profound understanding of how international norms and regulations influence the behavior of states, armed forces, and non-state actors during times of conflict. This understanding extends beyond legal doctrines, encompassing ethical considerations that are pivotal for statesmen, diplomats, and policymakers.

By examining historical precedents and contemporary instances of armed conflict, students are equipped with analytical tools to dissect complex conflict scenarios. This critical skill not only sharpens their ability to comprehend the intricacies of conflicts but also enables them to anticipate potential outcomes of policy decisions. This is vital for political science scholars, as their role in shaping policies and strategies necessitates a comprehensive understanding of the implications of their choices in terms of human lives, international relations, and the broader geopolitical landscape.

As the world grapples with issues such as asymmetric warfare, humanitarian crises, and the evolving nature of armed conflicts, political science students proficient in IHL are better prepared to address these challenges. Their understanding of IHL's applicability in various contexts – including cyber warfare, refugee protection, and counterterrorism operations – empowers them to navigate the intricate landscape of modern geopolitics.

In essence, integrating the study of International Humanitarian Law into the curriculum of political science students augments their academic proficiency with real-world ethical considerations and practical diplomatic tools. This prepares them to be adept negotiators, ethical decision-makers, and catalysts for positive change in a global arena where conflicts and crises necessitate informed and morally sound interventions.