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Legal Musings: Lawyering Up from the Trenches #7

Harry Potter and the Chamber of Criminals: Magic, Mischief, and Malevolence

Interestingly, the annals of literature, echoes of philosophy, and calls for justice has always been plagued by a single coherent thought. It is often a poignant reminder of its presence that has been in place since time immemorial: from Hammurabi’s Code down to the contemporary civilization, crimes and criminals are often depicted side-by-side with humanity and society. Almost as if it’s a subconscious rooted in humanity, waiting to strike. And in there, we realize that such preemptive attacks can only be consummated if the driving influences are factored. Thus, we begin to ask the same question over and over again: what drives people to commit crimes and where do we draw crimes that transgress people’s rights?

In the Revised Penal Code of the Philippines, classical and positivist theories are often credited in the formulation of the principles guarding the penal laws of the country. That in the classical school of thought, criminal liability is attributed to human free will and responsibility of actions derived from the manifested or executed will of the human person. Positivists argue that crime is essentially a social and natural phenomenon, by which abstract principles of law and jurisprudence  are insufficient to the application in crimes but rather through the enforcement of measures in each particular case after a thorough, personal and individual investigation conducted by a competent body of experts. 

In the eyes of an average human person, such theories cannot be immediately applied upon stumbling or witnessing such an act. It gradually becomes the point of interest among average citizens like us to question the motivations that led to the occurrence of crime. We look into the social, economic, mental, personal, and political factors that attribute to a rational being’s intention (or non-intention) to maximize their free will to commit crime. Thus, in answering the question why: crimes and criminals exist, we don’t jump into hasty generalizations and conclusions but we also have to consider that adequate and non-biased judgments can only be served when rational minds are utilized in proper investigation that seeks the truth—nothing more, nothing less. 

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Legal Musings: Lawyering Up from the Trenches #6

Off with the Head: Comeback Season of Death Penalty⁉️

Echoed along Victor Hugo’s words: To take a life when a life has been lost is revenge, not justice, is also synonymous with retribution and vengeance. It sets a huge question that partly defines the human moral trait on the attitudes pertaining to the imposition of the death penalty in the country. What is likely, unfortunately, in this scenario is the penchant of people to lean towards ‘pro’ and the common calls of its re-establishment; a sentiment that had grown out from the prevalent crimes in the country, that says ‘people are fed up’ from the crimes here and there, left and right. It is a sentiment that guarantees the death of the true meaning of justice, rendering it useless in the  face of advocacies that call for its comeback.

Horrid crimes left people grappling with no justice to turn to, it’s something I can sympathize with at the very least. However, it’s rather a fallacy of false equivalence that crimes are lesser when capital punishment is imposed. Like the report of Amnesty International, there is no guarantee it could alleviate crime rates in the country. However, what’s jarring in this scenario is that people are led to extremely abide by this harmful fallacy which in turn gradually forms into a delightful support for the imposition of the death penalty back into the justice system of the country. The shortcomings of the justice system can be remedied not through a legitimized retribution system but rather through restorative justice without shedding violence as punishment. 

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Legal Musings: Lawyering Up from the Trenches #5

Grinding Mats & Artifacts: The Right 'Build' for Modernized Criminal Justice System

The story of Delia serves as a reminder of the problematic situation that has engulfed the justice system of the country. More than just a story of a mother who was convicted for homicide, gave birth in the jail cell, and saw her daughter 18 years later without even being given the chance to act on her responsibility as a mother. What we could learn from Delia and other Delias living in the impoverished environment of our prison systems and waiting for their time to finally be in the society once more is that there is a crucial need to improve and recognize the need for a better framework of how justice must be carried out in the Philippines. 

The grim consequences of prison overcrowding can be ultimately traced back to the slow movement of our justice system in the country. When justice is served coldly, accumulation of people in prison systems could lead to worsening conditions of the inmates which destabilizes their way of living while behind bars. The anecdotal evidence of court dockets being filled to the brim while inmates are overflowing shows an overwhelmed criminal justice system that hampers effective and efficient judicial decisions. It becomes then a burden over and over again until it pressures the justice system and in the worst case scenario, inevitably collapses in the end. What can be done to remedy this ailment is a proper decongestion framework and policies both within the legislation, judiciary, and local government to ensure proper and fast expeditious resolution to the pending cases of their inmates. Training paralegals to serve and assist in expediting cases could help the court systems decongest.

Moreover building prison infrastructures that can accommodate inmates without the risk of overflowing in its maximum capacity can further help alleviate the living conditions of inmates and allows them to be more productive while serving their sentences. Like what is stated in the article, the approved budget for the expansion of prisons by BJMP could greatly help improve the criminal justice system in the country. By inculcating these plans and strategies into the country’s national development plan, we are providing a substantial and sustainable remedy to the problems that are pervasive to the criminal justice system and to assist other Delias who are yet to receive the adequate justice that they deserve.

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Legal Musings: Lawyering Up from the Trenches #4

Rights Check✅⁉️: Unveiling the Philippine Human Rights Scorecard🚩

The case of the Philippines is a case of debates between those who show dissent against the methods of the authorities and those who support the initiatives—albeit harsh—of the crackdown perpetrated by the government. It does seem like general inquiry to the state of human rights of the Philippines would not suffice for us to examine how HR is observed in the country; as such, the world has no choice but to be a spectator on the abuses and violations committed by the government in the country. And so, the state of the human rights can only be summarized in two distinct ways:

The constitution that veils the people’s rights under Article 3 is a sham when the perpetrators are those who abide and execute the law. Who can people run to when they are violated if their lives are threatened by the police themselves? This kind of scenario is a repeating frame for decades, and every government administration in the country has failed to address this. The failure to address stems from the presumption that the government has benefited from the collective fear of people of the persons-in-authority and took it as an advantage to further police power beyond what is necessary or required, leading to violation of human rights. It posits that because of the reputation or position of such authority within the sociopolitical hierarchy, it becomes an acceptable trend to instill fear and perpetrate impunity against the people they swore to protect. 

The state of human rights is an endless scaling debate on what is the minimum and maximum; posing a question of: “to what extent?” It is highly contested in the Philippines, between the pro-government and the dissenters. And although fundamentally human rights is principally observed even in its moral nature, for some, people will always find ways to quantify and scale on to what extent do we extend the protection of human rights of other people. In an ideal situation, none of this would not be even quantified; that there should not be a debate as to what and how we extend human rights because it’s already an innate human value or trait. Yet, the real situation differs greatly—it’s almost the exact opposite. The Philippines would think twice and double over when you ask them of their human rights; is it the lack of education, perhaps? Or the government’s actions that greatly influenced the society’s perception of human rights? When the Philippine government acts arbitrary, the people follow suit. 

Therefore, the state of human rights in the Philippines is a nay at the very best. Yay for social movements who continue to call out accountability for the government. However, for as long as the disease is rooted at the heart of Malacañang itself, Filipinos like me can neither feel safe nor secured at the hands of such impunity. 

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Legal Musings: Lawyering Up from the Trenches #3

Critical Discourse Analysis of the Clashing Political Dynasties in the Philippines: Why, How, and What?

The power struggle remains to be afoot within the Philippine political realm and its actors visibly perform its acts of elitist struggle out in the open. Albeit it’s not an uncommon occurrence, the magnitude of the present political climate in the Philippines is far different and more serious than of the petty squabbles of other political dynasties. The weakening alliance between Marcos-Dutertes signify a caveat on the possible ramifications of the future of the country; with the VP locked away in a non-military cabinet position at the behest of the President who’s slowly losing public support and trust in the Duterte-dominated places, the divide between the two is culpable more than ever. At the core of this clashing political dynasties, the power struggle is its dominating feature. Its roots can be traced back to the colonial state building where elections became the primary tool in the collective decision-making process of the people to choose their leaders in the national government. It intensified within central-local relations leading to the practice of patronage or clientelistic relationship between local and central government. Further down the line, the opening of the party systems catapulted in the massive formation of multiple political parties in 1987 due to the presidential bandwagon.

Political dynasties are not value-neutral, it’s an intentional display of shared power between kinship groups and bloodlines keeping ordinary people excluded from the narrative of politics. In fact, its consequences could impede any socioeconomic and political development such as limited employment opportunities. It entails unstable political structures which are explained by linking dynasties and poverty specifically within the regional context and by the absence of checks and balances within the structures or the government. This imagery is even more persistent within Philippine politics and the innocent people reap its consequences. It remains to be a challenge to formally incentivize implementation of reforms to end political dynasties, once and for all. Voting behaviors concerning voter education and lack of popular concerns are among its obstacles. Democratic institutions are seriously plagued with ruling political dynasts; it’s almost an epidemic of sorts. To fully revitalize is to widen regional economic opportunities and increase accountability measures to ensure that no political dynasts will put a spectacle of impunity in the power struggle for the world to see.

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Legal Musings: Lawyering Up from the Trenches #2

Charting through the 10-dash line: A Poli-Sci Paddle in the West Philippine Sea

Perhaps one of the distinguishing confusions in analyzing this debate is the correct term to call the huge mass of water located ‘south’ of China and Taiwan and ‘west’ of the Philippines—not to mention that other states such as Vietnam, Indonesia, Malaysia, and Brunei also having their stakes and claim on this body of waters. Taking this debate further, it would be reasonable to identify this large, encompassing body of water with 3.5 million square-kilometer surface as the South China Sea. To China, and probably those who believe in the historical accuracy of China’s claims, one may perceive such one as a vast body of water under the “indisputable sovereignty” of China. But for states whose geopolitics are bound to treaties such as UNCLOS, it would rather be unwise not to stake their rightful claim.

To make this simple, the South China Sea encompasses the West Philippine Sea. The West Philippine Sea is just a part of the bigger South China Sea, to further this analysis. However, this does not relinquish the sovereignty of the Philippines entrusted to them within the said WPS. The overlapping battle and territorial tensions contributed to the underlying complexities of states vying for their claims over the sea; China sets itself on stone by its presumptive historical evidence of their claim over the entirety of the South China Sea—which unfortunately includes the West Philippine Sea. However, this offends the Philippines because a part of the South China Sea—the West Philippine Sea—includes maritime zones falling within the country’s exclusive economic zone (EEZ). Therefore, it’s not so much of a question why the Philippines have every right to flaunt its rights over the aggression and consistent claims to the opposing country,  So to answer the main contention: is the South China Sea actually the West Philippine Sea? The logical answer to this endless contention is no, because only a part of the South China Sea (said part includes the Philippines’ EEZ and ECS within UNCLOS) is under Philippines’ sovereignty. 

To quote Justice Antonio Carpio: the ramifications of the tribunal case between the Philippines and China could potentially reshape and reidentify the nuances within the international law. China’s 9-dash line could not simply coexist with the provisions under UNCLOS. It would be an utter shame to the organization, a reflection of their poor comprehension of their laws if they are to adhere to China’s historical claim. But even then, the case challenges the survival of UNCLOS—whether the rule of law will prevail over the govern of oceans and seas, or the rule of naval cannon and brute force should make its way to assert unfounded lies. 

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Legal Musings: Lawyering Up from the Trenches #1

Advancing Social Justice: the Plight in Mindanao

In a polarizing society where there is still division across communities, there is a demand that needs to be met to reconcile the differences and uphold a fair and just legal system. The elements of law and the legal system need to be dissected in simpler terms to make it socially sound to the people most especially to the marginalized. The entire premise of Louis Wehle is to discuss the vertical social relations that bank on the hierarchical statuses of lawyers, which in turn, alienates them from the social realities that they studied in books. Thus, it remains to be a poignant political disease ingrained upon lawyers and it’s the legal profession and education’s responsibility to cure such disease. In hindsight, lawyers and those who practice law must be able to conjoin their knowledge and transform it into a meaningful vocation of safeguarding social justice and common good. Such practice could remedy the ailments region of Mindanao that has been depicted as a “war-torn” region, in non-Mindanaoan centric perspective. This is entirely a misnomer, but perhaps it could be viewed in a way that can benefit the essence of law for social justice in Mindanao. 

As the region continue to grow progressively, with the establishment of BARMM, the law and legal profession can be co-opted with the existence of autonomous governments in Mindanao making it easier to internalize the concept and essence of law for social justice to penetrate through the social fabrics of Mindanao as a whole. Having lawyers working for the government units in the region could amplify the call for justice and promotion of the common good. In the best case, it could proliferate collective action and mobilize communities to bridge the gaps and unite for a common goal. 

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Thoughts to Ponder #6

Unraveling Atrocities: Probing the Defiant

In perhaps still one of the most debated contentions not only among the institutions of the Philippines but also among ordinary citizens, the International Criminal Court remains hopeless in its pursuit to bring an infamous powerhouse of Philippine politics to the court. The defiant himself is an enigma who prides himself and his cronies on resorting to extrajudicial methods of attempting to remove a withered root in Filipino society—the War on Drugs. Unraveling the atrocities committed is daunting in the face of defiance and hardheadedness, but the battle is far from over. The probe is worth investigating to uphold justice and examine the context and influences of the controversies.

The history of the Rome Statute and the Philippines goes all the way back. The Philippines became the 117th state party to the statute by its ratification in 2011. In effect, the legal frameworks of international support to develop national laws and prosecute war crimes, crimes against humanity, and genocide are utilized by state members of the statute. It is a sound investment within contemporary society and persisting globalization that connects societies and states across the globe. Yet, these sweet-sounding premises and benefits fell deaf on the ears of the past Duterte administration, who trampled on the budding connection to the doors of justice for the powerless by severing its ties and becoming the actor of the atrocities himself. To probe a defiant force whose power reigns supreme in his territory is a challenge that the International Criminal Court has had to battle for years, up until now. And so the question begs: do we probe or step back?

I dare say that by all legal standings and reasons, the International Criminal Court has every right to investigate. Despite the proud “let bygones be bygones” mindset of the cronies of the past administration when the withdrawal from the Rome Statute took effect, the irony is that the ICC itself can still exercise its judicial right to probe and investigate the crimes against humanity by murder during the War on Drugs of the previous administration. The former ICC Prosecutor Fatou Bensouda began the preliminary investigation of the Drug War in the Philippines on February 8, 2018 (a year before the withdrawal took effect). Even so, this period showed that the Philippines was still a state party to the Rome Statute while the preliminary investigations were still ongoing (from November 2011 to March 2019), which meant that any attempts to disregard ICC's jurisdiction, the legal provisions, say otherwise. Second, there is a need to identify the requisites that satisfy the warrant of the ICC by its elements: a) it’s systematic due to the involvement and enforcement of police power, b) it is an attack directed at the civilian population (the drug dependents of the poor population), c) it is rooted in the state or organizational power (oplan tokhang), and lastly d) it doesn’t require any armed conflict.. From all these requisites, the War on Drugs operation of the previous administration satisfies its elements and is, therefore, a crime against humanity.

The unfolding narrative of the contentions between the Philippines and the International Criminal Court remains to be an unending defiance of the perpetrators and the persistence of the ICC to bring justice to the victims of the crimes committed against them. Whether to continue to investigate or push back lies in the commitment to bring justice and accountability and safeguard everyone's human rights. Hence, it is believed that the investigation is not an act of overriding nor an insult to the justice system; in fact, it is a moral imperative and responsibility of any living human being.

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Thoughts to Ponder #5

Kabul, Gaza, and Geneva: Echoes beyond Borders

The tumultuous landscapes of Kabul and Gaza have the international community watch in astounding silence and outcry, their cries deaf upon the ears of those who blindly show ignorance and their echoes loud for those whose sincerity for human peace is afloat. As the streets of Gaza and Kabul bear witness to the harshness of conflicts—the unjust dichotomy between combatants and non-combatants—everyone in the international community is challenged to extend beyond their role as passive observers and actively seek to redress the harms of conflicts through Geneva Conventions. 

The attack on Afghanistan after the World Trade Center fell in September 2001 sparked public debates on its category in the sphere of the constitution of an international conflict. It delineated the unconventional means of warfare straying from the traditional sense through inflicting non-traditional violence amongst innocent civilians (non-combatants) and states by groups or political actors without any regard to the rules set by the Geneva Conventions in 1949 particularly in the treatment of the prisoners or war. The Taliban detainees were granted protection under the third Geneva convention through Afghanistan but left Al Qaeda detainees with no protection. This move concurred upon by the U.S. overlooks the very fabric of the third Geneva Convention that addresses all combatant actors involved in the conflict. In fact, it should be viewed that Al Qaeda and Taliban be considered as one under international law, and therefore had to be granted the third Geneva Convention. 

Two years since the Taliban took over Afghanistan, the instability within Kabul shackled the people within it. The failure of the Afghan National Defense and Security Forces to hold territory provided the Taliban the perfect counter to take over the entire country. For human rights, it was a setback from the right affirmed and provided especially for Afghan women as Taliban’s strict enforcement of their own version of Islamic Shariah was put into action. Despite this, the Taliban needs to follow the rules of international law when it comes to upholding human rights. With political instability rampant in Afghanistan, observing basic human rights is a pillar of humanity that can reverse the ugly tides of conflicts. 

As conflict rages on, Gaza is met with the horrifying realities of casualties under the Israeli occupation. The question of the fourth Geneva Convention is significantly raised upon concerns on the attacks of innocent civilians, mainly the Palestinians of Gaza. Direct and indirect control of the most basic resources in Gaza questions Israel over its breach in international humanitarian law. Cutting off electricity, water, internet, and fuel supply is a direct violation against the principles of the fourth Geneva Convention for blocking humanitarian aid. Moreso of the evident war crimes from both sides persisted, with more than 3,000 Palestinian children harmed and killed over bomb attacks; neighborhoods bombarded with toxic chemicals such as white phosphorus by the IDF. It goes without saying that this is more than just an aggression perpetrated by the combatants, but an extremely inhuman attack carried out without any consideration on its effects on the civilian population. Systematic oppression akin to apartheid to Palestinians is a struggle that the indigenous people of Palestine had to endure since the nakba. 

The situations within Kabul and Gaza greatly reminds us, the international community, to stand up in solidarity and be educated upon the rules and rights infringed in these harsh realities. The cities stand as poignant reminders to act with urgency, compassion, and an unwavering commitment to shape a world where conflicts are mitigated by our collective resolve to protect and nourish the sanctity of every individual’s life. 

Baldwin, Clive. “How Does International Humanitarian Law Apply in Israel and Gaza?” Human Rights Watch, October 27, 2023. https://www.hrw.org/news/2023/10/27/how-does-international-humanitarian-law-apply-israel-and-gaza.   Pradnyawan, Sofyan Wimbo Agung, Arief Budiono, and Jan Alizea Sybelle. "Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan." Audito Comparative Law Journal (ACLJ) 3, no. 3 (2022): 132-138. Terry, James. "Al Qaeda and Taliban Detainees-An Examination of Legal Rights and Appropriate Treatment." International Law Studies 79, no. 1 (2003): 7. “Instability in Afghanistan | Global Conflict Tracker.” Council on Foreign Relations. Accessed November 21, 2023. https://www.cfr.org/global-conflict-tracker/conflict/war-afghanistan. 

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Thoughts to Ponder #4

Ending Wars

Do others find beauty in the art of destruction? Generally, answers would tell you that they don’t. No one finds beauty in the scars marred by impunity, violence, and loss of life. But why does it still continue? Across the pages of history, from the scrolls down to the elusive statements of the worldly nations, we find ourselves embroiled in seemingly endless battles for freedom, against oppression, and for peace. The contentious debate over the inevitability of wars remained as a staggering reminder of whether peace is just an altruistic and utopian aspiration of our ideal reality. And unless we are able to crack the code behind the wars waged over the course of time, peace is just an unattainable dream—even to those that are not dreamers. 

Are wars inevitable? Is also asking an important question that may or may not solve a particular unseen problem within the webs of humanity: is it an indisputable facet of human experience or is it an intrinsic element that shapes human existence? These questions alone are thrown back to my face—to all the major actors that play in the centerpiece of this world. When freedom is disputed, there arose the need to liberate themselves and free from the unperturbed colonial and oppressive shackles. Leo Tolstoy in War and Peace (1867) described humans as aggressive human beings, driven by the fuels of their ego and it is in this aggressiveness that war will continue to purge so if humans try to impose this hardened ego over themselves and their environment. In the Russia-Ukraine occupation, great world leaders cannot provide a sufficient and reasonable justification for instigating a war, nor could they provide justification to the inhuman suffering of the people—the civilians embroiled. But others digress, and I too, in the political psychological study of the inevitability of war, there seems to be a keen focus on the mitigation of violent conflicts—often it happens, most of the time. To negate this “inevitable war”, there must be a shift in the perspective: that this boxed kind of thinking can go beyond not only by understanding the origin and nature of conflict but also by pursuing a nonviolent resolution to solve conflicts. 

It begs the next inquiry, the question of its intrinsic value to human existence and experience. Are wars important for survivability? Does one need to go forth to battle to survive in the cruel nature of this world? In most cases, wars were waged to free themselves from the grueling colonial as it determines human survivability. But to explicitly say, by general principle, that wars are significant for survivability is to say that humans can never live in peace without war. Humans may generally kill and fight, but the persisting and emerging cultures and conditions of war is not an intricate facet that dictates human experience. As Margaret Mead argued in her essay, “Warfare Is Only an Invention- Not a Biological Necessity” (1940), she posed that warfare is an invention of mankind when their sociological need for resources arises.

As states emerge and the society progresses over time, we are provided with a leeway to minimize and pursue a nonviolent, peaceful resolution—to veer away from the barbaric and conventional warfare that we know of. Across time, ideas suggesting conflict prevention have been a pursuit of studies across academic and policy scholars. The presence of international organizations and certain interventions were able to steer clear from the hostilities, prevent and halt an outbreak of wars. Proactively engaging with state leaders, developing and sustaining pragmatic voices, and developing workable solutions. can rationalize the prevention of war and steer clear from inhuman suffering. Reinforcing and integration of universal policies and treaties between states sensitizes responsibility and accountability not only to individuals but also to the higher authorities in the global field. 

The most noble endeavor to progress humanity is to actively pursue peace. Collective responsibility and accountability is the duty of mankind to liberate all humans from the inhumane sufferings that was once the fate of our histories. 

  Lyubomir, Berov G. "Are wars inevitable?." Japan Journal of Research 4, no. 2 (2023): 1-2.

Rubin, Julia Lynn. “Are War and Violence Inevitable? Political Psychologists Argue For the Importance of Peace Research.” American Psychologist. (2013).

 Tadevosyan, Margarita. "Prevented Wars: The Role of International Organizational Intervention in Successful Prevention." (2020).

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Thoughts to Ponder #3

Challenges in Seeking Redress for Human Rights Violations

When justice fails to serve its purpose, does it still mean anything at all? It is a question I often pose in the status quo of the Philippine justice system and its duty-bearers. Marred by impunity and strong personal greed, the uphill struggle to demand a just and fair accountability still persists and continues to impale those who seek for it. Even more so it kills a society when justice is insofar muted and invisible  in the face of human rights violations. The latter itself is an occurring stark reality, plaguing generations of generations of Filipinos who are yet to receive the rightful compensation, the right kind of justice they deserve. Isn’t it a bit over the edge to ask these people for more perseverance, when they have endured enough violence and oppression? But it is the reality of the system the Filipinos have unfortunately adapted to, the kind of justice that does not progress and is yet to progress; the remedies that tried to bandage this failed system can do so much until it breaks down and completely shroud the cries of the people.

The fragility of Philippines’ Rule of Law have changed the system to boot, with the still-persisting crusade on the aftermath of Martial Law three decades later, victims of human rights abuses during the dictatorship of late-dictator Ferdinand Marcos, are yet to receive the necessary and adequate monetary and other forms of compensation. Transitional justice struggles to bring forth those who are accountable to these crimes, and even in the presence of collective societies fostering and reconciling peace from the past and the present, when these violators come with power, benefitting from the broken system and backed by decades—or worse—centuries of corruption and conflict, justice remains to be a wisp invisible to the society. Victims of the Martial Law will continue to endure another years of ignorance and injustices for as long as the violators control the rule of law. The same can be applied to the extrajudicial killings permeated and pursued by the last Duterte administration, it strengthened a culture of impunity, machismo, fascism, and violence obstructing the very essence of the judicial system in the country. These occurring and unaddressed violations is what made the Philippines’ rule of law decline in the statistical report of World Justice Project (Borgen Project, 2023). 

Complex bureaucratic processes made it also impossible for mere individuals to navigate, it remains a challenge for the judicial system to conduct and issue reforms that will ensure adequate and fast delivery of justice for the victims. Adapting to the modernization of today, courts do often computerize court data and cases for a more systemic and reliable organization. Remedies such as justice on wheels where scheduled bus services are offered for trials near prisons are also mediated. However, even these efforts could still not sustain the victims. The Philippine bureaucracy is a labyrinth  that unveils the inefficiency and lack of transparency in the facets of the system. 

Prosecution remains a formidable task, specifically when you are a mere victim—a small individual operating and adapting under a failed justice system. Workaround these legal loopholes and we may find ourselves facing our biggest enemy. It is an arduous task, requiring you to shed sacrifices and reopening the Pandora’s box that were unjustly heard. But the goal is clear and simple: to reconcile people from their past, strive towards a healing future, and hold their perpetrators accountable as the true essence of justice would pursue. 

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Thoughts to Ponder #2

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

When human rights were first crafted into the tapestry of peace studies and social justice, two questions challenged us: how do we become architects of change, and what role do we individuals play in weaving the very fabric of its principles into our society? 

Such a noble endeavor shouldn’t be a cakewalk to the majority, nor should it be long tiring for societies to ignore it. In a world where struggles for justice and human dignity and integrity persists, we always look back to the cornerstones of human rights. We rely on its fundamentals in hopes to defend our dignity and preserve our security in times of crisis. Most importantly, we rely on our states to safeguard us from any harms that could degrade these inherent rights. However, the job doesn’t stop there. When we are part of a collective society, aiming for universal and collective interests, how do we become the driving force in shaping the future and integrate transformation within the culture of universal rights? How do we fight the culture of impunity that has rotted societies and individuals alike?

On most occasions, we view the integration and application of human rights beyond the lens as a collective society or in state-based perspectives; however, it should be taken into account that at the grassroots level, individual responsibilities are as much as vital in ensuring that our rights are intact and observed. Contributing to this effort starts on how we treat and interact with friends, family, and other individuals in our society. 

Engaging in advocacies representing the marginalized and the oppressed truly requires more legwork—that is—collective actions that rally important actors within the civil societies to push for change and improve the status quo. As individuals, we may not appreciate this enough, however participating by just merely taking advantage of the expanding technologies to spread awareness and educate aid these advocacies who proactively pursue human rights. Such, we practice inclusivity and tolerance among the diverse sea of communities we take part of, ensuring that we cross-examine and self-reflect on our prejudices, biases, and stereotypes, and work on to become more sensitive and empathetic individuals towards others. Most importantly, we take the responsibility in encouraging dialogues across all sectors of society to maintain and promote safe spaces, social justice, and peace (but is not limited to the sectors, for the most important actor is the government themselves). 

The benefits we get from proactively seeking peace and social justice are mutually-exclusive, not only do we provide and promote better lives for the people in the society, but we also get to safeguard our human rights. Participating in nation-building, especially in constructing a future where human rights could flourish is no more than just a feeble wish. 

Should we be among those who dream where every right is not merely just fabricated ideals but an everyday reality? I dare say yes. May we hold the reins that will truly unite us all.

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Thoughts to Ponder #1

The fraction of international humanitarian law and peace studies concern politics and international relations between states especially in a post-conflict society. Political science and IHL is a dichotomy that takes place in the global stage, as a study between resolution of conflicts, policymaking, and as an institution that governs. The political actors—the government, the international communities—play a pivotal role in shaping the fundamental structures of humanitarian law and in international politics. It is therefore, a no-brainer, that political science majors had to have a comprehensive understanding of peace studies and international humanitarian law. I will be explaining why a political science major’s perspective and viewpoint can ultimately contribute to global citizenship through learning IHL and peace studies.

In political science, students are expected to comprehend and understand the complexities of global conflicts and peacebuilding drawn from the histories, policies, and other related studies they learned. In global conflicts, lives are constantly harmed both the combatants and the non-combatants, it ultimately resides in ensuring for the welfare of everyone therefore it encourages polsci majors to make informed decisions that contribute to the common good of the society such as advocating for human rights and genuine policy changes. 

It is necessary that political science students are able to look into what constitutes good governance, especially on a global scale. As we operate under the alliances and diplomacy between state to state, and state to organization, we are able to look inside the structure and processes of the international political actors and institutions. In international humanitarian law, good global governance means putting the interests of the collective public all across states above personal interests and these are embodied in how policies and laws are propagated to exemplify welfare and shared responsibility among the actors in the global stage.

Lastly, the international humanitarian law provides the tenets that protects the dignity and rights of every individual regardless of what role they play in global conflicts. In political science, policies play a major role that safeguards these interests. It creates various networks and linkages between the two which contains a central theme: to protect and uphold rights. Political science students, in the eyes of policy formulation and implementation, are able to understand why certain and particular policies are put up in the first place. Why peace processes and dialogue are provided in the first place to ensure that there is a harmonious reconciliation between two or more conflicting parties.