Whitewash and the need for the ICC


Its highly unlikely that attention-starved congressmen will agree to scrap the House of Representatives hearing of the Mamasapano massacre on their own.

To begin with, while the hearings in the bigger House were less composed when compared to the hearings in the Senate, more information came out of the lone House investigation.

Rep. Neri Colmenares singled out some of these new information, to wit: “a) the text message of Gen. Rustico Guerrero confirming that Pres. Aquino knew about the Mamasapano incident earlier on January 25, (b) the admission by Gen. Napeñas that Pres. Aquino knew about the time on target coordination and approved it which means Aquino agreed not to coordinate with the AFP beforehand, (c) the claim to executive privilege of Gen. Purisima, (d) the Medico Legal report emotionally described by Gen. Espina; and (e) the admission by Gen. Catapang that he did not inform Pres. Aquino even if they were together in Zamboanga that day”.

So why did the House suspend its hearing? The official reason is to avoid “prejudicial conclusions” since the official Board of Inquiry findings still have to be written.

But that reasoning is crap. Congress is never bound by the findings of any other investigative body. When Congress conducts an inquiry in aid of legislation, it is in the exercise of a plenary power that cannot be limited by any other branch of government. What is a legislative in purpose is also within the powers of Congress to define.

Moreover, Congress may also conduct investigations in the discharge of its power of oversight, that is, as holder of the power of the purse, it should ensure that government agencies are doing their job pursuant to the budget allotted to them. Hence, it was but proper that Congress inquire on whether the PNP, the AFP and the DILG spent tax payers wisely and correctly in this bloody police operation.

So why did the House suspend it proceedings? I think the truth is obvious. The PNoy administration, including its allies in the House of Representatives, are now afraid of the truth. Already, the subsequent Senate hearings on the matter indicate that the President clearly knew about the plan to capture Marwan et al in Mamasapano, that he continued to utilize the services of the suspended PNP Chief Alan Purisima in connection therewith, and that confidentiality was required because they knew that even the AFP, with its leadership committed to the Peace talks with the MILF, might leak information that may prove detrimental to the capture of the high value targets.

Questions are now being asked on when the President knew that the SAF 44 were under siege. The question which has not been asked is why the President did not order the AFP to provide reinforcement to the besieged 55th Company of the SAF and why? Many, including I, surmise that the President, like AFP Chief of Staff Catapang, played God and decided to sacrifice the lives of the SAF 44 in order to protect the ceasefire with the MILF.

There too is the question of why US operatives were involved in the operation beyond the giving of the $6 million bounty for Marwan, dead or alive. While many shrug off the American involvement as necessary since we do not have the technology to acquire the proper intelligence information required by the operation, the reality is that the 1987 Constitution prohibits even just the presence of foreign troops, bases and facilities in the country after the termination of the US-Philippine Bases Agreement in 1991. The only way these foreign troops can be in the country is through a treaty duly concurred not by a mere majority of the members of our Senate , but by 2/3 of all its members, and even ratified by the plebiscite by the people themselves, when so required by the Senate. And these stringent requirements is only for the purpose of allowing foreign troops, bases and facilities in our territory. Compliance with the imperative requirements is not even sufficient to allow foreigners to be engaged in actual police or battle operations in our country. Such is absolutely prohibited because such an involvement would simply violate both Philippine sovereignty and jurisdiction. Full stop.

So what now? The House has suspended its hearing and the senators, on the other hand, appear complicit in hiding the truth from the people by holding its hearings in “executive sessions”. Clearly, the Senate, in doing so, although clearly more independent than the House, appears to be susceptible nonetheless to palace cajoling to keep the truth from the people.

I have said from the beginning that where political considerations, both of the selfish and the policy types, i.e., the necessity of proceeding with the peace talks, come into the way of the fight against impunity, the country must utilize the full benefits its membership in the International Criminal Court. The Court was established, and we joined the Court, precisely because those who violate the most important norms of international law, such as those who commit war crimes, should be prosecuted, no matter what. The ICC prosecutor, would moreover, have the proven expertise to investigate these possible war crimes when compared to the DOJ Prosecutors that has zero experience in this regard. Besides, with the Maguindanao massacre prosecution in limbo after almost six years, coupled with the DOJ’s 1-percent conviction rate in the prosecution of extra-legal killings, its clear that our legal system is simply both unable and unwilling to investigate the leadership and men of the MILF for the possible war crimes committed against the SAF44 and the Filipino people.

Time to seek aid from the international community. Lets refer the Mamasapano massacre to the ICC!

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