Ret. Assoc. Justice Antonio Carpio, ipinaliwanag ang crime against humanity

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Transcript

00:00Let's go back to Justice Carpio to explain what are the crimes against humanity.

00:05Good evening, Justice Carpio.

00:08Yes, good evening. Good evening.

00:12Yes, Justice. First of all, in your opinion,

00:15did all the legal process follow in the arrest of former President Rodrigo Duterte?

00:22Well, based on the Republic Act of 1951,

00:29the Philippine government can surrender Duterte to the ICC.

00:34Because our membership in the Rome Statute was terminated,

00:41the Republic Act of 1951 will apply now,

00:45which authorizes the government to turn over anyone who has a pending case before the ICC.

00:55So, they followed the law. That is the law.

00:59The requirement in the Rome Statute, before you turn over,

01:05you should bring it to the local court,

01:07that will not apply anymore because Duterte himself terminated our membership

01:14in 2019.

01:16Now, in 2025, the Republic Act of 1951 will apply.

01:26Yes. Can the former President file a bail in his case against crime against humanity?

01:34Well, the only thing allowed in the ICC is temporary relief.

01:44You can be released, but you have to stay within the Hague.

01:54You cannot leave the country, the Netherlands.

01:58But that is very rare.

02:00In fact, no such thing has been given yet.

02:02No temporary release has been given while the case was going on.

02:08Especially if you are not...

02:11Well, someone was given, but he surrendered voluntarily.

02:16Everyone brought to the Hague who did not voluntarily surrender,

02:23was not given a temporary release.

02:27Duterte did not voluntarily go to the Hague,

02:32so he will fall under that rule now.

02:34You cannot be given a temporary release.

02:39Justice, former Executive Secretary Medaldea mentioned in the ICC

02:43that former President Rodrigo Duterte was kidnapped.

02:46What can you say about this?

02:49Well, there is a law that tells us,

02:52Philippine law, section 17 of Republic Act 1951,

02:56the government has the option to surrender.

02:59They surrendered, so that has authority of law.

03:04There is a law allowing them to surrender.

03:07Of course, the person who surrenders will not agree,

03:12but that will not stop the government from exercising its authority under the law.

03:20Because the law says the government can surrender.

03:25Justice, many are protesting inciting to sedition,

03:29and the military and police are not willing to withdraw support to the Commander-in-Chief.

03:34Can they be prosecuted for inciting to sedition?

03:38No, inciting to sedition, your words, your speech,

03:44will immediately cause the listener to resort to lawless violence.

03:51There is no such thing.

03:53No matter what you say, it will not affect the audience.

03:57It has to be immediate effect on the audience.

04:02I see.

04:03Former President Duterte, Senator Bato de la Rosa,

04:07and former PNP Chief Oscar Albayalde

04:10in the Republic Act 1951 of the Philippine Act on Crimes Against International Law,

04:15Genocide, and Other Crimes Against Humanity.

04:20Yes, the one used against Duterte can also be used against others.

04:26Because that law, Republic Act 1951,

04:31applies also to the rest of those who may be issued warrants of arrest by the ICC.

04:39Lastly, former Secretary Harry Roque announced that he will apply for asylum in the Netherlands.

04:47What is your reaction to this?

04:49Well, that is his prerogative to apply for asylum.

04:55It's up to him.

04:57It's up to the authorities of the Netherlands to grant or not to grant.

05:03So, it's up to him.

05:07Again, that is his right to apply.

05:10But of course, it's up to the Netherlands government whether to grant it or not.

05:17Alright. Thank you very much, Retired Supreme Court Associate Justice Antonio Carpio.

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