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ITL BLOG #7

Why do crimes and criminals exist?

These types of questions make you think deeply of the root cause and the very nature of why something or someone exists in the first place. I’d like to consider that such a notion exists because of human imperfection, upbringing,  and terrible decision-making. Most, if not all, crimes stem from the fact that as humans we seek to feel whole, or to feel something, anything at all. You committed theft? That’s because you’re jealous of someone’s belongings or because you have no choice but to steal. You committed murder? Either self-defense, orders from someone else, or because you’re an undiagnosed mentally ill person that committed such an action because of pleasure or any other reason. It is because of our imperfection that we commit crimes, that we become criminals. 

But, from another perspective, we could also perceive these notions to exist because we gave meaning to it. There will be no crime if we do not know it is a crime. That’s basically saying if we’re all dumb or ignorant of what’s right or wrong, we could never perceive and differentiate the two concepts.Yet, that’s not the argument I am trying to make. Crimes can also exist because of upbringing, either by lack thereof or by how our parents taught us to perceive the world. It is our parents that are our first teachers, first friends, and first love. Therefore it is only right that as children and us adults, what they teach us is something we shall always carry within ourselves.

Terrible decision-making is universal, we’ve all done stupid things, and we all either faced the consequences of such actions or got away with it. Regardless, terrible decision-making is another aspect as to why I know crimes and criminals exist. To further explain as to why this line of thinking could possibly explain as to the very nature of crime, imagine you’re in a situation wherein you and your friend are casually hanging out until an opportune moment stumble upon your sight wherein a gentleman’s wallet fell out of his pocket. Morally, you’d pick it up and inform the gentlemen of his wallet falling out and give it back. But by a poor decision, you’d pick the wallet and keep it to yourselves where you’d use his money for your benefit. 

Religion, Philosophy, and Morality has taught us what is right and wrong, why that is so and why we should always yearn and strive to be better versions of ourselves. That is why, in spite of crime and criminals existing, we must strive to always choose the correct and good choices whenever the opportunity arises. As to the very nature of crime and how it why criminals exist, I could never fully know since I honestly know nothing, but that should not dissuade me to come up with ways that will help rehabilitate those who have committed crimes and give them sufficient punishments regardless of how it may affect personally or how involved I am.

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ITL BLOG #6

Should the death penalty be re-imposed in the Philippines?

The topic of whether the death penalty should be reinstated in the Philippines is a sensitive one, eliciting strong emotions and opinions from many segments of society. Advocates for reinstituting the death penalty claim that it deters severe crimes and gives victims and their families a feeling of justice. Opponents argue that the death penalty breaches human rights, leads to miscarriages of justice, and does not successfully deter crime. In this article, I will examine both sides and provide my own opinion of the situation.

Advocates of the death penalty frequently claim that it acts as a deterrence to potential perpetrators. They feel that the prospect of facing death punishment deters people from committing horrible crimes like murder, rape, and drug trafficking. Advocates often say that the death sentence provides victims' families with closure and a feeling of justice, especially when the murders are extremely horrific or gory. In a country like the Philippines, where crime rates have long been a source of worry, some feel that reintroducing the death penalty would send a powerful message to offenders and help to a drop in violent crime.

However, critics of the death sentence make numerous convincing arguments against its resurgence. One of the most pressing issues is the possibility of miscarriages of justice. The Philippines, like many other countries, has a faulty legal system that is vulnerable to corruption, coercion, and blunders. Innocent people might be falsely convicted and condemned to death, with irrevocable repercussions. Furthermore, the death sentence contradicts the fundamental human right to life, as stated in several international treaties and conventions. Critics contend that no state or government should have the ability to take its people' lives, regardless of the crime they committed.

Empirical research demonstrates that the death sentence does not prevent criminals from commiting crime. Studies undertaken in a variety of nations have found no apparent correlation between capital punishment and decreased crime rates. Instead, characteristics such as socioeconomic status, access to education, and competent law enforcement are more important in lowering criminal behavior. In the Philippines, where poverty and inequality are rampant, tackling the core causes of crime via social and economic changes may be more successful in the long run than punitive measures such as the death sentence.

In addition to these practical concerns, the re-imposition of the death penalty could also have negative implications for the Philippines' international reputation and diplomatic relations. Many countries around the world have abolished capital punishment, viewing it as a barbaric and outdated practice. Reinstating the death penalty could lead to condemnation from the international community and strain diplomatic ties with countries that oppose capital punishment.

The question of whether the death penalty should be re-imposed in the Philippines is complex and multifaceted. While proponents argue that it serves as a deterrent to crime and provides justice to victims' families, opponents raise valid concerns about human rights, the risk of miscarriages of justice, and the lack of empirical evidence supporting its effectiveness. Ultimately, any decision regarding the death penalty should be carefully considered, taking into account the broader implications for society, human rights, and the rule of law.

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ITL BLOG #5

How to improve the criminal justice system in the Philippines

The Philippines, like many nations, faces significant challenges within its criminal justice system. From overcrowded jails to delays in court proceedings, there are numerous areas in need of improvement. However, despite these challenges, there is hope for reform. By addressing key issues and implementing strategic changes, the Philippines can move towards a more fair and efficient criminal justice system.

One of the most pressing issues facing the Philippines' criminal justice system is overcrowded jails. Overcrowding not only violates the rights of inmates but also hampers the effectiveness of rehabilitation efforts. To address this issue, investing in alternative sentencing programs, such as community service or electronic monitoring, can help reduce the number of non-violent offenders behind bars. Additionally, improving pre-trial detention procedures can help alleviate overcrowding by ensuring that individuals are not held in jail for excessive periods while awaiting trial.

Another critical aspect of reforming the criminal justice system is enhancing access to legal representation. Particularly those from marginalized communities, lack adequate legal representation, leading to unfair trial outcomes. By expanding access to legal aid services and providing training for public defenders, the Philippines can ensure that all individuals have a fair chance in court. Addressing delays in court proceedings is another essential thing for ensuring swift and effective justice. Delays not only prolong the suffering of victims but also contribute to overcrowded jails and backlogs in the legal system. Implementing measures such as case management systems and increasing the number of judges and court staff can help expedite proceedings and reduce delays. Additionally, promoting alternative dispute resolution mechanisms, such as mediation and arbitration, can help resolve cases more efficiently outside of the courtroom.

In addition to addressing these immediate challenges, it is crucial to focus on long-term solutions to prevent crime and reduce recidivism. Investing in education, vocational training, and rehabilitation programs can provide individuals with the skills and support they need to reintegrate into society successfully. Moreover, tackling root causes of crime, such as poverty, inequality, and substance abuse, can help address underlying issues and reduce the likelihood of individuals engaging in criminal behavior. Collaboration between government agencies, civil society organizations, and international partners is also vital for driving meaningful reform within the criminal justice system. By working together, stakeholders can share expertise, resources, and best practices to develop comprehensive and sustainable solutions.

Ultimately, reforming the Philippines' criminal justice system requires a multifaceted approach that addresses both immediate challenges and underlying issues. By investing in alternative sentencing programs, improving access to legal representation, addressing delays in court proceedings, and focusing on long-term prevention and rehabilitation efforts, the Philippines can move towards a more fair, efficient, and equitable criminal justice system.

Reforming the criminal justice system is not only a matter of legal and institutional change but also a reflection of a society's commitment to justice, fairness, and human rights. By prioritizing reform efforts and implementing strategic changes, the Philippines can build a system that upholds the rule of law and serves the interests of all its citizens.

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ITL BLOG #4

MARCH 23, 2024

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

In the Philippines, a nation rich in cultural heritage and diverse landscapes, the state of human rights has long been a subject of scrutiny and debate. Human rights are the cornerstone of a just and equitable society, serving as the bedrock upon which nations build their frameworks for governance, justice, and social progress. As we delve into the complexities of this issue, it becomes imperative to assess whether the current state of human rights in the Philippines warrants a positive or negative evaluation.

Are there any positives in the Philippines' human rights aspect? Well, despite the challenges, there have been significant strides in promoting and protecting human rights in the Philippines. One cannot overlook the establishment of institutions and mechanisms dedicated to upholding human rights principles. The Commission on Human Rights (CHR) stands as a bulwark against abuses, advocating for the rights of all Filipinos regardless of their background or status. Additionally, legislative efforts, such as the passage of the Anti-Torture Act and the Anti-Enforced Disappearance Act, demonstrate a commitment to addressing specific human rights violations. Civil society organizations play a vital role in monitoring and advocating for human rights in the Philippines. These grassroots movements and NGOs tirelessly work to amplify the voices of marginalized communities, holding the government accountable for its actions. The vibrant democracy of the Philippines allows for open discourse and dissent, fostering an environment where human rights issues can be brought to light and addressed.

Despite these positive developments, challenges persist in the realm of human rights in the Philippines, casting a shadow over the progress made. One of the most pressing concerns is the issue of extrajudicial killings in the context of the government's war on drugs. Human rights organizations and international bodies have raised alarms over the thousands of deaths linked to the drug war, with reports of police impunity and lack of accountability. Attacks on press freedom and freedom of expression threaten the democratic fabric of the Philippines. Journalists, activists, and critics of the government face harassment, intimidation, and even violence, stifling dissent and hindering accountability. The passage of laws like the Anti-Terrorism Act raises concerns about potential abuses of power and violations of civil liberties.

Also, marginalized groups, including indigenous peoples, women, and the LGBTQ+ community, continue to face discrimination and violence. Land disputes, forced displacement, and environmental degradation disproportionately affect these communities, highlighting the intersectionality of human rights struggles in the Philippines. Personally, I’d like to argue that the state of human rights in the Philippines is not only subpar, but lacking as well. Governed and dominated by conservative far right leaders and representatives, we truly cannot say that the state of Human rights in the Philippines is adequate enough.

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ITL BLOG #3

FEBRUARY 20, 2024

The Fall of Unity: the North and South divide

Critical Analysis of the clashing political dynasties (Marcoses and the Dutertes) Why, How, and Now What?

 From what I remember in the event, these political dynasties stem from the overarching failure of the political party system in the Philippines. From Sir Pancho’s discussion to the entire panel of reactors, the notion of whether or not political dynasties are good or bad is a revolting Idea since the answer is pretty simple. POLITICAL DYNASTIES ARE BAD FOR THE PHILIPPINES. 

When I say it’s bad for the Philippines, I meant it as it is. It may work for other nations, but our nations are inherently incapable of sticking through our political ideology and political identity and party. They fail to stand up for what they believe, fight for the belief, and die for that belief. The long gone past of heroes that stood up for what they believed has died and remained in the past. What we need is a resurrection of that kind of principles for our people in power and office. 

Political parties are necessary for representation and diversity, yet because of dynasties like the Marcoses and Dutertes, these kinds of parties remain obsolete in the face of their mighty strength, influence, and power. That is why the strengthening and proper execution of laws that ban political dynasties are needed. Like the Senate Bill No. 1765 or the Anti-Political Dynasty Act of 2018 which clearly defines political dynasties as the "concentration, consolidation, and/or perpetuation of public office and political powers by persons related to one another within the second degree of consanguinity or affinity." This is PROHIBITED, according to law and according to the constitution. 

The constitution clearly states that Article II, Section 26 of the 1987 Constitution provides that "the state shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. ”. Yet the people of this republic still put people of the same blood into power. Like the Dutertes and Marcoses.

Now what? What do we do? How can we do it? My simple answer is, Federalism. A revamp, a rebrand, a chance to better ourselves as a nation. BUT, we must be cautious and aware of the spies that lurk within our ranks and affirm ourselves to implement and properly enforce the law to prohibit the criminals of the highest order to commit more fraudulence and theft within the government and of the people of this republic. 

Federalism is one of many answers to the multitudes of problems that plague the Philippines, but in my heart and mind, it is the answer we need to rid of any current issues and problems. That is if we could. Though its disadvantages sound risky, all choices bring about their own risks. We only need to stick through whatever choice we choose as a nation.

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ITL BLOG #2

FEBRUARY 13, 2024

Is South China Sea Actually the West Philippine Sea?

Justice Antonio Carpio's speech on "The Rule of Law in the West Philippine Sea" has brought to light crucial questions regarding the territorial disputes in the region. Among these questions is the semantic yet profoundly significant inquiry: Is the South China Sea actually the West Philippine Sea? While the term "South China Sea" has long been the international moniker for the body of water encompassing various territorial claims, Justice Carpio's discourse underscores the Philippines' rightful assertion of the term "West Philippine Sea" as a matter of sovereignty and historical accuracy. This shift in terminology not only reflects a reclaiming of national identity and territorial integrity but also serves as a potent reminder of the Philippines' commitment to upholding the rule of law in the region.

In light of the Philippines' arbitral tribunal victory in 2016, where the Permanent Court of Arbitration ruled in favor of the Philippines and invalidated China's expansive claims in the South China Sea, it is imperative for the country to strategically advance its interests in the West Philippine Sea. One crucial avenue for doing so is through diplomatic engagement, leveraging its victory to garner international support and adherence to the rule of law. The Philippines can actively engage with like-minded nations and multilateral organizations to amplify its voice and pressure China to abide by the tribunal's ruling.

The Philippines should prioritize bolstering its maritime capabilities and partnerships to effectively assert its sovereign rights and protect its maritime resources in the West Philippine Sea. Strengthening maritime domain awareness, investing in coast guard and naval capabilities, and fostering alliances with regional and global partners are essential steps toward safeguarding Philippine interests in the face of continued challenges and provocations.

Also, the Philippines can pursue legal and diplomatic avenues to hold China accountable for its non-compliance with the arbitral tribunal's decision. Although we have a history of pursuing such a route, our best option of pursuing this case in a non-violence way is through legal and diplomatic actions that will allow us to go toe-to-toe with the giant of Asia. This may include exploring options for arbitration or legal action under international law and rallying support from the international community to exert diplomatic pressure on China.

But the assertion of the term "West Philippine Sea" not only signifies a territorial claim but also symbolizes a commitment to upholding the rule of law, fostering regional stability, and safeguarding the Philippines' sovereign rights and maritime interests. Through strategic diplomacy, enhanced maritime capabilities, and unwavering adherence to the principles of international law, the Philippines can continue to advance its position in the West Philippine Sea and ensure a peaceful and rules-based resolution to the ongoing disputes in the region.

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ITL BLOG #1

JAN 29, 2024

How does law and the legal profession promote social justice and the common good for the peoples of Mindanao?  

In Mindanao, the legal profession and the framework of law play a crucial role in promoting social justice and the common good for its diverse population. As Attorney Meong Cabarde has said in his recent session, it is a vital element in nation building since without law, there is no progress because of chaos, violence, and rampant discord that will spread across the masses. Mindanao, known for its cultural and ethnic diversity, has faced historical challenges related to social, economic, and political disparities. The legal system acts as a stabilizing force and a mechanism for positive change, contributing to the region's development and fostering a more just and peaceful society.

One way in which law promotes social justice in Mindanao is through the protection of human rights. As per our lessons in International Humanitarian Law, legal professionals actively engage in advocating for the rights of marginalized communities, including indigenous peoples and minority groups. By litigating cases related to land rights, cultural preservation, and equal opportunities, lawyers contribute to the establishment of a legal framework that protects the rights of all individuals, irrespective of their background.

From our lessons in both IHL and ITl, land disputes have been a longstanding issue in Mindanao, and the legal profession plays a pivotal role in resolving these conflicts. Lawyers like our very own professor, Attorney Meong Cabarde, work towards ensuring fair and just distribution of land, addressing historical injustices and promoting economic stability among the local population. Land reform initiatives supported by legal expertise contribute to the reduction of poverty and the enhancement of the overall quality of life in the Mindanao region.

Legislation also plays a vital role in addressing socio-economic disparities. Advocacy for laws that promote inclusive economic growth, education, and healthcare can significantly impact the well-being of Mindanao's people. Legal professionals, through their involvement in the legislative process, can champion policies that address the unique needs of the region and ensure that government resources are equitably distributed.

Additionally, the legal profession acts as a watchdog against corruption and abuse of power. Lawyers, as guardians of the rule of law, contribute to the accountability of public officials and institutions. This fosters a sense of trust among the population, reinforcing the idea that everyone is subject to the law, regardless of their position or influence.

Although the Law is imperfect, it is our best defense against instability, savagery, and utter chaos. The legal profession found in Mindanao serves as a medium for social justice and the common good. By good faith through numerous lawyers across the land of Mindanao, lawyers, through the protection of human rights, resolution of land disputes, engagement in alternative dispute resolution, advocacy for inclusive legislation, and combating corruption, legal professionals actively contribute to the region's development. 

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ITL BLOGS TO BE POSTED UP ABOVE THIS POST!!

DATE POSTED: MAY 8, 2024

FOR: ATENEO DE DAVAO UNIVERSITY

SUBJECT: INTRODUCTION TO LAW

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"To Investigate or Not To Investigate?" (6)

Louie Izak G. Jacobe (AB Political Science 3B)

If you would ask me this during the peak of former President Rodrigo Duterte’s presidency, I would’ve immediately answered no. But as I reflect and take in more information outside of my perspective or reality, I will pursue to investigate former President Duterte, et al on their violations during the drug war and all other violations that occurred within the timeframe of ICC before we, as a country, withdrew our membership. 

Why the sudden change you may ask? It is because of what I learned in this subject that made me reshape my entire political framework on how, why, what actions should be Right, Neutral, and completely wrong. After reading Rapplers article, I understood the reasoning behind the necessity of opening the investigation.

The Rome Statute dictates that the ICC only intervenes when national jurisdictions are unwilling or unable to prosecute crimes falling within its jurisdiction. In the case of the Philippines, the argument could be made that the domestic legal system has not adequately addressed allegations of human rights abuses and extrajudicial killings linked to the government's war on drugs.

If the ICC were to pursue an investigation into President Duterte et al., several potential implications may unfold. First and foremost, it could lead to a more thorough examination of alleged human rights violations, shedding light on the truth and providing closure for victims and their families. Additionally, it may serve as a deterrent for future leaders who might contemplate similar actions.

However, the investigation may also spark diplomatic tensions with the Philippines and also straining its relations with other nations. Domestic political dynamics may be affected as well, it could potentially influence the outcome of future elections and shape the country's trajectory towards what I think is pure pandemonium. 

For example, most corrupt politicians would learn or begin to learn how to cover more of their dark and dirty sides more covertly and secure it by any means necessary, meaning EJK or Enforced disappearance at a higher level. If they could do this confidently out in the open, imagine how easy it would be to do these sorts of actions outside the watchful eyes of the NGO’s, Human rights advocates, and the public.

Although my previous statements seem reclusive to my answer of “Pursue the Investigation” it is merely a statement of warning towards anyone who is involved or wishes to be involved to be aware of the risks involved. From what I have heard, the political scene can be bloody and costly. 

To wrap up this blog, the call for an ICC investigation into President Duterte, et al.  stems from both legal and political considerations. Such an inquiry has the potential to uphold the principles of justice, human rights, and accountability on the international stage, but its consequences may reverberate across the domestic political landscape. As the global community navigates these complex issues, the pursuit of truth and justice remains paramount to the well-being and livelihood of our respective citizens.

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Gaza and Kabul: Humanitarian Crisis (5)

Louie Izak G. Jacobe (AB Political Science 3B)

 The situation in Kabul or Afghanistan and Gaza are both an old and new issue that has proliferated to an all-out war and humanitarian crisis which created mountains of human rights violations, breach of international humanitarian laws, and human suffering. Both of these countries have similarities, especially on the infringement of their basic human rights and transgressions of state parties towards their people. The Geneva Convention outlines the protection of civilians, limitations to military engagements and operations through rules of combat and rules of engagement, and finally distinction from civilians to military personnel, combatants and non-combatants. 

 Both countries and its citizens are experiencing a hellish setting of carnage and death. Their respective citizens face the reality of war, the consequence of human cruelty, the beginning of their trials and the end of their peaceful lives. Nevertheless, the Geneva Convention  actively advocates and ensures the protection of the wounded, the shipwrecked, prisoners, and the civilians. To further expound on this topic, we shall touch upon the common provisions of article three (3) and the principles of International Humanitarian Law (IHL) to answer what the Geneva Conventions say about the protection of the people caught in the conflict, the combatants involved and the role of the global community. 

 The provisions of article three indicate what are the do’s and don'ts before and during war that specifically stress that people have rights, even if they are wounded enemies, enemies that surrendered, and most importantly civilians. Why? Because they are non-combatants, they do not in any way participate in the aforementioned armed conflict, therefore has no relevance in any military operations. As mentioned before by Attorney Meong, the rate of death in combatants and non-combatants are shocking. 

 In recent wars, civilians are more likely or are actually dying at a higher rate than military combatants, statistics from Attorney Meong was presented, with 1 combatant dead is equivalent to 10 civilians. Former United Nations Secretary General Kofi Annan stated that civilians are not just caught in the crossfire, but are directly targeted.

 Now, what about the combatants? What are their limitations? For one, they are not allowed to attack non combatants, most especially civilians, limit the destruction to what the missions require, respect the three RC (Red Cross, Red Crescent, and Red Crystal) emblems and other signs of truce. The military is also limited in their conduct of warfare. For example, they are prohibited from using certain types of weapons, they are prohibited from acting in any way that may cause unnecessary suffering and loss of life and long term damage to the environment. 

 Now that we know that civilians are protected by the international humanitarian law and that combatants are limited to military targets, restricted in use of weapons, and prohibited from causing long term environmental damage, how is this relevant in today’s issue in the context of Kabul and Gaza? 

 The Kabul and Gaza situation are proven to have sustained substantial loss of civilian lives, innocent lives, in exchange for nothing. Breaches of international humanitarian law and breach of human rights law are in abundance. The people, the civilians, the innocent ones are crying for justice, of peace, and of righteousness to triumph in the face of greed, inhuman deeds, and injustice. The civilians in Kabul and Gaza are well within their right to live as if there is no war, to be far from the war, and to be at peace despite the war. 

 Geneva conventions IV states that civilians must be respected, must be treated humanely, must be protected against ill-treatment, vengeance and taking of hostages are forbidden, and their property must be protected and not pillaged. Yet, from several sources, eyewitness testimonies, and from the people of Kabul and Gaza are experiencing the exact opposite of the Geneva Convention IV.

 What is the role of the international community in all of this? It is to ensure that their rights are put forward towards their aggressors, that they are humans too, deserving of love, sympathy, and respect. That we should rally together under the banner of peace and kindness to put a stop on all inhumane treatments and to put a stop on the war. To pursue dialogue and diplomacy and avoid armed conflict at all costs. 

 If our leaders still insist on armed conflict, then I suggest that they should handle it themselves and put some gloves on and meet at the boxing ring, not allow countless deaths to ensue on their behalf because they insist on fighting. As a part of the international community, we must do what we can to aid Kabul and Gaza in their effort to escape from their hellish communities, far from the battlefield so that they may begin to heal and hopefully one day, forgive.

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The symbiotic relationship of Humanity and War (4)

Louie Izak G. Jacobe (AB Political Science 3B)

 No, wars are avoidable, wars are not, currently, essential to human survival. I disagree with the idea that wars are inevitable, just as I think that despite humanity being so adept and precise in doing bad or wrong things, we must strive to see the better person that could come forth from them always. The phrase “Humans are inherently evil” is wrong as well. With just the right push, humanity can be a force of good that triumphs over the darkness that plagues us for time immemorial. There are a myriad of examples that show and embody the depth of human kindness, peace, and love that should be the standard that we should all follow and live by. So yes, wars are avoidable, through open dialogue and compromise we can settle an issue before resorting to armed conflicts. 

 Wars are not essential for human survival, it could have been, if it was a couple of centuries ago where everything and everyone was fighting to survive without the basic needs and wants of the individual fulfilled. And the multitude of diseases, lack of proper hygiene, mental health problems left unchecked or unresolved, lack of education, lack of a proper system, imperialism, and so many more problems. Wars were fought out of Money, Revenge, Hatred, Power, Religion, Territory, Information, Access to foreign technology, and Resources. Granted that in today’s world, we still have some of those problems, yet because of the rise of technology, education, and the power of the people, wars are not essential to humanity anymore and would only lead to a path of meaningless destruction, chaos, and our mutually assured destruction. Personally, I advocate for peace and non-war propaganda but I also believe that we should be prepared for war, I’d feel safer knowing we have the capability to fight back but not use it instead of not having it when needing it. But I do see the arguments of others on how this kind of mentality enables and promulgates war, but realistically, in these uncertain events, we must prepare ourselves for the worst outcomes than be unprepared.

 International humanitarian law is the weapon we use to limit the effects of war, because of this set of rules, human dignity is assured, civilian lives are spared from the carnage of war, and hors de combatants are secured with life outside of the combat. With the principles of Distinction, Proportion, and Precaution through these principles, IHL seeks to balance humanitarian concerns with military necessity. It is enforced through a combination of state responsibility, individual criminal liability, and the work of international bodies like the International Committee of the Red Cross (ICRC), as well as domestic and international courts such as the International Criminal Court (ICC). However, the effective application of IHL depends greatly on the willingness of states and non-state actors to abide by the law, the capacity to enforce the law, and the political dynamics at play in each specific context. 

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"Challenges in Seeking Redress for Human Rights Violations." (3)

Louie Izak G. Jacobe (AB Political Science 3B)

The pursuit of justice and redress for human rights violations is an essential aspect of a democratic society. However, in many parts of the world, including the Philippines, this objective remains elusive due to various challenges. My blog aims to shed light on the complexities and difficulties individuals face when attempting to seek redress for human rights violations in the Philippines, exploring examples and underlying factors that contribute to these challenges.

One of the prevalent obstacles to seeking redress for human rights violations in the Philippines is the prevailing culture of impunity. Despite international pressure and domestic efforts, those responsible for human rights abuses often go unpunished. This culture fosters a sense of fear and discouragement of death and abuses among victims and witnesses, making it difficult to come forward and seek justice. Allowing injustice to  prevail, victims live with their abusers not knowing or have been shown an inkling of fairness and equity in their problems The case of the Maguindanao Massacre in 2009, where 58 individuals were killed, including 32 journalists. To date, justice for the victims remains elusive, with the slow progress of the trial highlighting the culture of impunity.

The Philippines, despite having laws in place to protect human rights, faces issues related to weak or wrong enforcement and implementation. Weak legal enforcement mechanisms, corruption within the legal system, and limited resources hinder the process of seeking justice for victims of human rights violations. Without an effective legal framework, perpetrators often escape accountability. The Anti-Terrorism Act of 2020, criticized for its potential to curtail civil liberties and provide leeway for abuses, demonstrates the challenges in ensuring laws align with international human rights standards.

Political instability and polarization in the Philippines contribute to the challenges of seeking redress for human rights violations. Changes in government, shifts in political power, and differing ideologies often lead to inconsistent human rights policies and priorities. This lack of continuity hampers efforts to ensure accountability and can deter victims from pursuing justice. The controversial War on Drugs campaign initiated by President Duterte has been heavily criticized for widespread extrajudicial killings and human rights violations, demonstrating the impact of political decisions on human rights.

Fear of retaliation, intimidation, and threats against victims, witnesses, and human rights defenders pose significant barriers to seeking redress. Those brave enough to come forward may face danger to their lives and their families, deterring them from pursuing justice through legal channels. The experiences of human rights activists and journalists facing threats and violence, such as the case of Maria Ressa, CEO of Rappler, highlight the risks associated with advocating for human rights.

 Seeking redress for human rights violations in the Philippines is an arduous and challenging endeavor. The culture of impunity, inadequate legal frameworks, political instability, and intimidation pose significant barriers to justice. Addressing these challenges requires a multifaceted approach, encompassing legal reforms, international collaboration, and a collective effort to uphold human rights principles, ensuring a society where justice is accessible and human rights are protected for all. This struggle shows us the importance of collaboration, spreading of proper information, and effort that matches our intensity to fight for what is right.

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Human Rights: Personal Contribution (2)

Louie Izak G. Jacobe (AB Political Science 3B)

 Firstly, What I’d do to cultivate a culture that respects, promotes, and protects human rights is by sharing this knowledge to my family, friends, and relatives. This is fundamental in creating a culture, the knowledge of something. After this, I would erect a few other pillars that would signify as the foundations of my personal contribution to a better state of human rights. 

 The second Pillar would be teaching the young of what Human Rights are, in a way they would understand and comprehend. For example, I’d physically show them through entertainment methods on What Human Rights is, Who are those that have it, and Why do we have these Rights. 

 The third pillar would be researching more on the entire scope of Human Rights, what it pertains, who are those that guide it in the international, national, and local level, those who promote it on social media. By doing that, I now get the opportunity to share it with others beyond my circle of relationship, through social media, or campaigning with groups advocating about Human Rights or through simple, meaningful conversations with strangers, fellow students in Ateneo, or open-minded onlookers on the streets of Davao.  

 The fourth pillar would be to teach it to the next generation, our future sons and daughters with the hopes that they themselves would pass on our teachings to their children, so that it extends beyond our lifetime unto the next. As people always say, we may live now yet what we do will affect those who will live after us. By passing on this knowledge of our innate Human rights we may, hopefully, cultivate respect, love, and dignity with our fellow humans to a point where we are not only guided by our knowledge of Human rights, but follow and respect through abiding by it. 

 Although what I’ve discussed now seems personal and locally impactful, by that, I mean the impact of what I’d do is minimal. But, if more people are aware of their rights and that they ingrained it in their minds, then I could say that I have reached the national or international scope of the effects of what I’d done, especially on the fourth pillar, where the children of tomorrow would spread what they’ve learned about Human rights to others.  

 It is important to note that we cannot fully solve all our issues and problems within our limited lifetime, although it may sound wrong, we must do what we can to solve as many problems as we can, learn and develop as much as we can so that even though we pass on some problems to future generations, they may be given tools to finish what we could not. This realistic approach on the matter stems from the ever-evolving society, with it are the problems made by the people, or by the government, or the international community. 

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Blog on International Human Right Law & International Humanitarian Law (1)

Louie Izak G. Jacobe (AB Political Science 3B)

As a political science major, I studied to understand the very nature of politics, the underlying operations, and the coalitions of theories that explain and understand how and why politics work. The necessity of understanding human rights is fundamental in life, it is in a symbiotic relationship with politics and international humanitarian law, it helps us see our value as free individualistic persons and helps us understand that our innate human rights are swords and shields against unlawfulness and chaos. 

Personally, growing up with young parents and poverty, I saw the world in black and white. Good was good, and evil was evil. If you do good deeds, good things will come to you, if you do bad deeds, karma gets you. Yet, how come, some people who infringed other people’s rights are able to get away with their crimes. I knew of human rights, yet was oblivious to its mechanism and purpose. As a child, I believed in absolute justice and as I grew older, I was met with the harsh reality of this world. 

I was an adolescent in his second year in high-school. I heard of a fight that would transpire in an hour, outside the campus that I studied. Some kids from my class wanted to fight some “tambays” solely because one of our classmates got clobbered real bad by them. Naturally, I went with them, hoping to get some payback for what they did to our friend. Not knowing that event would change me and how I viewed the world. 

During the fight, one of our friends was shouting “Tabang!”, as his voice echoed and grew louder with each utterance, we stopped our fight and headed towards him. What we saw was a knife at the back of his opponent near the spine, at first we accused him, but from witnesses around and from his own personal testimony, an unknown assailant was the suspect to this deranged act of violence. 

Some of us left before the madness erupted, when the police and ambulance arrived no news of what transpired left that scene. From what I’ve heard, the architect of the fight and the one who was accused of stabbing were both suspended and were on probation, with their eviction from school still in deliberation at the time. The assailant was never apprehended, the victim of the stabbing unfortunately, died. 

Everyone, especially the school, was quiet of the incident. Those involved, I included, were left with a warning and a probationary status. Rumors that came up in school were immediately stopped and erased. Since then, no one, besides some school staff and our batch, were aware of such an incident. 

Since then, I wanted to be a lawyer, to help those who deserve to be represented and aided through legal means. Now I do my best to understand the nature of politics, power, and authority. Together, IHRL and IHL offer a rich landscape for political scientists to examine the intersection of law, politics, and ethics, shedding light on issues of state sovereignty, international cooperation, and the pursuit of justice in a complex and often turbulent world. They serve as essential tools for understanding and critiquing the behavior of states and non-state actors in both peacetime and conflict, contributing to the broader discourse on governance, diplomacy, and global politics.

By understanding our human rights and the perks and benefits that come with it, we may be able to see and experience the world in a different perspective, an innocent one. Our rate to be free and equal, free from discrimination, and equality before the law are but many of our found benefits and innate right to have. 

Although, cases wherein those rights are violated or unmet properly, usually pop up every now. If that’s the case, we should always teach the next and current generation to uphold those rights to ensure that we, as a species, would walk down a better path. 

International humanitarian law is a set of guidelines, but on a macro level, if we were to compare or apply that law in a micro situation, like from the experience above, we could have prevented the loss of human life if we had adhered to no weapons, or a change of venue for the fight, or if we had settled everything with words instead of immediately resorting to physical conflict, all of that would have never happened. 

The value of international humanitarian law to political science is consequential. Politics is found everywhere, especially in international relations. With the existence of the IHL, we not only limit the casualties of war or armed conflicts and thereby save lives in the process, we also remind ourselves of the value and existence of civility, humanity, and love. 

Studying International Human Rights Law (IHRL) and International Humanitarian Law (IHL) presents a mix of rewards and formidable challenges. These fields are intricate due to their complex framework, which includes a web of treaties, customary practices, and principles, often laden with ambiguous language leading to varying interpretations. 

Distinguishing the boundaries between IHRL and IHL, particularly in the context of armed conflicts, can be intricate, as they sometimes overlap. Moreover, these areas are in constant flux, shaped by evolving treaties, resolutions, and court decisions, as well as the influence of customary international law. 

Ensuring compliance and enforcement of these laws can be a struggle, given their limited mechanisms and varying state commitments. Cultural, political, and regional contexts further complicate their application, as interpretations of universal human rights can differ significantly. Jurisdictional limitations in international courts can allow some violators to evade accountability. 

Access to up-to-date resources and the emotional toll of learning about human rights abuses and armed conflicts add to the challenges. Language barriers can also hinder access to vital information. Nonetheless, studying these fields is crucial for those committed to advancing human rights, justice, and accountability on the international stage. We must always be demanding dedication, critical thinking, and an adept understanding of the complexities inherent in their practical application to create a better society for our generation and the next.