NUPL cites attacks vs. judges, lawyers in complaint before UN
“These attacks on officers of the court have to stop once and for all. If lawyers are hampered from freely and independently exercising their profession and if judges are threatened for their judicial decisions, access to justice and judicial independence will suffer,” Deinla said......»»
Timeline | Attacks against Filipino lawyers, judges
The NUPL has recorded a total of 262 work-related attacks in the past 15 years, including that of 86 lawyers, judges and prosecutors. Five of whom were members of the NUPL. The post Timeline | Attacks against Filipino lawyers, judges appeared first on Bulatlat......»»
Myanmar nationals ask Philippines to probe alleged war crimes
Five Myanmar nationals asked the Philippines on Wednesday to investigate alleged war crimes committed by 10 serving or former members of Myanmar's military against the mainly Christian Chin minority. Filipino lawyers representing the Myanmar nationals told reporters they lodged the "landmark" criminal complaint against junta chief Min Aung Hlaing and nine others at the Department of Justice in Manila. They asked prosecutors to open an investigation into alleged war crimes under a Philippine law penalising "crimes against international humanitarian law, genocide, and other crimes against humanity". The five Myanmar nationals are from western Chin state, but now live in Australia, Britain, Canada and India. They were at the justice department in Manila. "This is a landmark suit because this is the very first time that such a case is being brought before the Philippines," Romel Bagares, one of the lawyers, told reporters. Justice Secretary Crispin Remulla said his department would "evaluate" the complaint, which he described as "very novel". "If this is sufficient in form and substance, that's the time when we will require the respondents to answer these complaints," Remulla told reporters. Among the accused is Chin Chief Minister Vung Suan Thang, who is a former military officer. The others are serving members of the military. The complaint alleged that members of Myanmar's military killed a pastor and two church elders in Thantlang town, Chin, in September 2021. It also accused the 10 of "intentionally" directing attacks on churches and the burning of hundreds of houses in the same town between August 2021 and June 2022. They also allegedly blocked relief supplies from reaching people in Chin state in the aftermath of Cyclone Mocha in May. 'Truly historic day' Philippine law allows for the prosecution of war crimes committed elsewhere. One of the stipulations of the law is that the accused must be present in the Philippines. According to Gilbert Andres, another Filipino lawyer representing the Myanmar nationals, if the Philippine justice department were to decide to mount a case against the 10 accused, it could issue subpoenas to Myanmar's Central Authority or go through diplomatic channels. The toppling of Aung San Suu Kyi's civilian government in a 2021 coup sparked a huge backlash and the military junta is now battling opponents across swaths of Myanmar. Some of the bloodiest fighting has been happening in Christian-majority areas, including in Chin state. "This is a truly historic day," Salai Ling, one of the five complainants and also of the Chin Human Rights Organization, told reporters in Manila. "We are really hoping that with the solidarity and support from the Filipino people and people in the ASEAN region, that we will be able to get some form of justice for the atrocities that our people suffered." Myanmar and the Philippines belong to the Association of Southeast Asian Nations (ASEAN). The regional bloc's efforts to defuse the Myanmar crisis have been fruitless so far. The Philippines is now the subject of an international human rights probe, with the Hague-based International Criminal Court investigating "possible crimes against humanity" during former president Rodrigo Duterte's deadly drugs crackdown. In July, President Ferdinand Marcos said the Philippines was "done talking with the ICC" but would continue to question the tribunal's jurisdiction. The post Myanmar nationals ask Philippines to probe alleged war crimes appeared first on Daily Tribune......»»
Badoy, Parlade reprimanded by Ombudsman for red-tagging
The Ombudsman found ex-spokespersons Lorraine Badoy and Antonio Parlade Jr. of the National Task Force to End Local Communist Armed Conflict, or NTF-ELCAC, guilty of conduct prejudicial to the best interest of the service for red-tagging a lawyers' group as communist rebels. In a ruling signed by Ombudsman Samuel Martires on 9 August but released only to the media on Thursday, the court reprimanded Badoy and Parlade for "unduly" tarnishing the image of the NTF-ELCAC over their statements against the National Union of People's Lawyers. "It perpetuates the notion that it is being used as a governmental tool to silence dissent or opposition instead of legitimately pursuing its ultimate: goal of lasting peace and ending the armed conflict with the communist rebels," the Ombudsman said. The Ombudsman’s decision was in response to a complaint filed by NUPL three years ago against Badoy, Parlade and former National Security Adviser Hermogenes Esperon Jr. for linking the organization to a communist armed movement. "These matters (NUPL) are not communist propaganda as dissent and upholding of individual rights are vital in a vibrant democracy. As such, the importance of raising awareness or highlighting these issues to the public cannot gainsaid,” the decision read. The Ombudsman warned Badoy and Parlade that “a repetition of a similar offense would be dealt with more severely.” The Ombudsman, however, found Esperon not guilty of the administrative complaint. “Nevertheless, his defense appears to be tempered especially since he had stated that while he agreed that the CPP-NPA (Communist Party of the Philippines-New Peoples' Army) had underground operation with legal fronts, he was not concluding that the NUPL is part of the CPP but that some of its members are allegedly part of these organizations working for the CPP,” the Ombudsman said. Esperon served as the NTF-ELCAC’s vice chair, while Badoy and Parlade were among its spokespersons. The NTF-ELCAC was created in December 2018 by virtue of then-president Rodrigo Duterte’s Executive Order 70. Last week, during the deliberations of the Ombudsman’s proposed P5.05 billion budget for 2024, Martires told lawmakers that there is no law against red-tagging, paving the way for the dismissal of another complaint filed against Badoy and Parlade. Badoy and Parlade face several other complaints before the Ombudsman in relation to red-tagging. The post Badoy, Parlade reprimanded by Ombudsman for red-tagging appeared first on Daily Tribune......»»
Padilla files bill to push stronger CHR functions
Senator Robinhood Padilla filed a bill that will effectively expand the structural, organizational, and functional independence of the Commission on Human Rights. On Wednesday, Padilla pushed the Senate Bill 2440 that guarantees full fiscal autonomy to the CHR "to ensure prompt, immediate, and unrestricted discharge of its functions.” “Regarded as a toothless tiger, the Commission has endured its limitations in rightfully carrying out its mandate within its jurisdiction,” Padilla said. He emphasized the need to further strengthen the CHR’s mandates, powers, and functions that are imperative to its “cardinal role in cultivating a culture of human rights culture in the country.” "A just and democratic country cannot be attained without a truly independent national human rights institution, said Padilla. “Today, more than ever, we need a more active CHR, one that is not strapped to the task of investigation or cannot recognize violations of human rights other than those involving civil and political rights.” SB 2440 provides the CHR with full authority to act on a complaint or motu proprio, in all cases of human rights violations; and vests it with the power to issue injunctive reliefs and legal measures. Padilla said the CHR’s independence “shall be respected and upheld, even as appropriations for it shall not be reduced and shall be automatically and regularly released.” “We need a CHR that can address the challenge of protecting and promoting the human rights of all, especially the vulnerable, the disadvantaged, and the marginalized sectors of society," he added. The measure will make CHR to be regarded as a national human rights institution, in accordance with the Principles Relating to the Status of National Institutions (Paris Principles) and other United Nations resolutions and instruments. Padilla said the SB 2440 will allow CHR to provide safety to witnesses and human rights defenders under threat as well as to implement and manage a witness protection service. Further, the CHR shall develop and implement a human rights information campaign program for the public; and establish a Human Rights Institute for the promotion and education of human rights and related fields. The HRI shall serve as a training institute for investigators, prosecutors, justices, judges, lawyers, and other human rights workers. Meanwhile, CHR is tasked to maintain a legal assistance program for underprivileged victims of human rights violations and prepare and make public an annual report on the findings of its monitoring activities. It shall also undertake measures for the protection and promotion of the human rights of Filipinos abroad, in coordination with the Department of Foreign Affairs, Department of Migrant Workers, or deputized Philippine embassy or consulate officers. The post Padilla files bill to push stronger CHR functions appeared first on Daily Tribune......»»
Teves,12 others tagged terrorists
The Anti-Terrorism Council or ATC has designated Negros Oriental Rep. Arnolfo “Arnie” Teves Jr. as a terrorist for allegedly masterminding the assassination of Gov. Roel Degamo last 4 March, which also resulted in the deaths of nine others. The ATC named the congressman, who had gone into hiding, as the leader of the Teves Terrorist Group, which allegedly included as members his younger brother, Pryde Henry Teves, and purported bagman Marvin Miranda. Pryde was unseated by the Commission on Elections after a recount of the votes cast in the 2022 Negros Oriental gubernatorial election showed that Degamo had won. Degamo was killed in a commando-style attack at his residential compound in Pamplona town. The slain governor’s wife, Janice, is the mayor of Pamplona. The assault happened just weeks after the Supreme Court upheld the Comelec’s proclamation of Degamo as governor. Also tagged as terrorists were Nigel Electona, Tomasino Aledro, Rogelio Antipolo, Hannah Mae Oray, Rommel Pattaguan, Winrich Isturis, John Louie Gonyon, Dahniel Lora, Eulogio Gonyon Jr. and Jomarie Catubay. In a three-page resolution dated 26 July and signed by Executive Secretary Lucas Bersamin that was released yesterday, the ATC said Pryde and Electona “provided material support” to Teves in furtherance of his alleged terrorist activities. “Investigation also revealed that Hannah Mae Sumero Oray handled the operational funds for the killings while Marvin H. Miranda acted as organizer and recruiter of personnel for specific terrorist attacks,” the ATC said. In April, Justice Secretary Jesus Crispin Remulla revealed the government’s intention to designate Teves as a terrorist, saying that his group’s alleged “activities that led to the killings are all covered by the Anti-Terror Law, [including] the recruitment, financing, purchase of firearms, and their distribution.” In hiding Teves has refused to come home after being located last in Timor-Leste, claiming his life was in danger. There was talk he was already in the Philippines under the protection of a former high government official. The House of Representatives had twice suspended Teves for refusing to heed Speaker Martin Romualdez’s plea to come home to face the charges against him. The Philippine National Police had filed a separate complaint against Teves before the Department of Justice last March over the alleged political killing of three other persons in Negros Oriental in 2019. A Degamo lawyer said the Teveses could be linked to as many as 60 killings in Negros Oriental. In reaction, Pryde said in a radio interview that his lawyers would appeal the ATC resolution. He expressed dismay that his right to travel and earn a livelihood would be affected by the order. Saying he would not leave Negros Oriental despite the tagging, the younger Teves said he would be the last to resort to terrorism because he had been a victim of violence. Meanwhile, Ferdinand Topacio, a lawyer of Congressman Teves, lambasted the ATC whose order, he said, demonstrated the government’s prejudgment of the case and “desperation” to take his client into custody. “Since day one of the Degamo killing, the government has mobilized all the resources at its disposal, starting with immediately tagging Teves as the mastermind thereof without investigation, conducting illegal searches on his properties, laying siege to his powers and prerogatives as a member of the House, embarking on a massive media campaign to discredit him and prejudice the minds of the public against him, among other things, all in an obsessive attempt to blame him for a crime at the expense of his constitutional rights,” Topacio said. Topacio questioned why the government had to use the ATC against Teves, in a case for which the Anti-Terrorism Law of 2020 was not “designed.” “The agencies of government, having eggs on their faces due to the recantation of all the key witnesses, the lack of evidence against Representative Teves, the public backlash against his obvious persecution, and the embarrassing failure of the authorities to bully him into returning to the country in spite of grave and serious threats to his life has expectedly weaponized the Anti-Terror Act by using it for the purpose for which it was not designed,” he said. When it was first floated that Teves would be tagged as a terrorist, he posted a video of himself wearing Muslim garb and laughing. The post Teves,12 others tagged terrorists appeared first on Daily Tribune......»»
Iran takes Canada to UN court over terror compensation
Iran has taken Canada to the International Court of Justice for allowing victims of alleged terror attacks to claim damages from Tehran, the UN's top tribunal said on Wednesday. Tehran's case claims that Ottawa, which listed the Islamic Republic as a sponsor of terrorism in 2012, had violated Iran's state immunity. Iran asked the Hague-based ICJ to make Canada overturn a law passed in the same year that allows victims to collect damages from state terror sponsors in Canadian civil courts. "Canada has adopted and implemented a series of legislative, executive, and judicial measures against Iran and its property in breach of its international obligations," Iran said in its filing to the court. Tehran also demanded compensation from Canada. Iran's application cites a Canadian court judgment in 2022 that awarded more than $80 million in compensation to the families of six people who died when Iran shot down a Ukrainian airliner almost two years ago. Ukraine International Airlines flight PS752 was downed shortly after take-off from Tehran on January 8, 2020, killing all 176 people aboard -- including 85 Canadian citizens and permanent residents. Three days later, the Iranian armed forces admitted to downing the Kyiv-bound plane "by mistake." 'International obligations' Iran also cited a 2016 ruling by a Canadian judge ordering Iran's non-diplomatic land and bank accounts to be handed over to victims of attacks by Hamas and Hezbollah. The judgment awarded a reported $13 million to families of Americans who died in eight bombings or hostage-takings in Buenos Aires, Israel, Lebanon, and Saudi Arabia from 1983 to 2002. The families, led by the parents of Marla Bennett, who was killed when a suicide bomber struck at a cafeteria at Hebrew University in Israel in 2002, had successfully sued Iran in the United States. "Iran respectfully requests the Court to adjudge and declare that by failing to respect the immunities of Iran and its property, Canada has violated its international obligations toward Iran," Iran's ICJ filing said. Canada broke diplomatic ties with Iran in 2012 as relations frayed over Tehran's support for Bashar al-Assad's regime in Syria, its nuclear program, and threats to Israel. Iran launched a similar case at the ICJ against the United States in 2016 seeking to unfreeze assets seized by Washington to compensate victims of terror attacks. Judges in March rejected Iran's bid to free nearly $2 billion in central bank assets but ruled the United States had illegally seized funds of some Iranian companies and individuals. The ICJ was set up after World War II to resolve disputes between UN member states. Its judgments are final but can take years. The post Iran takes Canada to UN court over terror compensation appeared first on Daily Tribune......»»
French supermarket CEO detained in stock manipulation probe
The head of a top French supermarket chain was briefly taken into custody for questioning Thursday in an inquiry over stock price manipulation, insider trading, and corruption suspicions, a source close to the case said. Jean-Charles Naouri -- already under pressure to reduce debt at retailer Casino -- was held in Paris by judges probing links between the CEO and a populist financial journalist who has made several attempts at the French presidency. The alleged acts date to 2018 and 2019, the source told AFP, with judges investigating since 2020. Lawyers for Naouri did not respond to requests for comment. Sources familiar with the matter told AFP later Thursday that Naouri had been released without charges being brought against him at this stage. Investigators searched Casino's headquarters as well as Naouri's home in May 2022. According to the French daily Le Parisien, Casino paid more than 800,000 euros ($857,000) to several companies controlled by Nicolas Miguet, editor of financial newsletters who has sought the French presidency on an anti-tax platform. The French financial markets regulator AMF, which lodged the complaint, suspects that in exchange Miguet made "buy" recommendations on Casino shares in his various publications and statements. In a recent financial filing, Casino said the legal inquiry was based only on "an encounter with a former consultant to Casino" and denied the allegations. Naouri's detention comes after a Paris court ordered last week that Casino, whose debt mountain stood at 6.4 billion euros at the end of 2022, be placed in conciliatory proceedings with creditors ahead of a potential debt restructuring. The share price of the group -- which employs more than 200,000 people worldwide under several brands -- hit a record low in Paris at the end of trading on Thursday. The post French supermarket CEO detained in stock manipulation probe appeared first on Daily Tribune......»»
A look at the attacks against lawyers and judges
It also revealed that the red-tagging of lawyers and judges under the present administration has led to the killing of more lawyers and judges at 54 compared to that during the term of Arroyo where 45 lawyers and judges were killed in the line of work. The post A look at the attacks against lawyers and judges appeared first on Bulatlat......»»
NUPL: Steady increase in work-related attacks on lawyers since 2016
There have been 176 work-related attacks on lawyers, including 73 killings, in the past ten years and the numbers have surged since the start of the Duterte administration, data from the National Union of Peoples’ Lawyers showed......»»
FULL TEXT: Supreme Court addresses calls for action on attacks on lawyers, judges
Below is a copy of the statement read by SC spokesperson Brian Hosaka on Tuesday afternoon:.....»»
Lawyers demand action over rise in attacks on colleagues
"When lawyers, judges, prosecutors and workers in the justice sector are murdered with impunity and alarming regularity, no one feels safe, our people lose trust and faith in our government and its justice system, and the unscrupulous are emboldened to take the law in their criminal hands," the letter reads. .....»»
NUPL, Rise Up to Marcos: Accept ICC ad hoc jurisdiction
In a joint statement, human rights advocates and lawyers urged President Ferdinand Marcos Jr. to consider embracing the ICC’s conditional jurisdiction for the drug war investigation, highlighting that a Senate concurrence is not needed for such a decision, despite the Philippines not being an ICC member......»»
Myanmar Nationals Ask Philippines to Probe Alleged War Crimes
Manila - Five Myanmar nationals asked the Philippines on Wednesday to investigate alleged war crimes committed by 10 serving or former members of Myanmar's military against the mainly Christian Chin minority.Filipino lawyers representing the Myanmar nationals told reporters they lodged the 'landmark' criminal complaint against junta chief Min Aung Hlaing and nine others at the Department of Justice in Manila......»»
Prosecutors reject Trump claim of ‘absolute immunity’
Federal prosecutors on Thursday rejected Donald Trump's attempt to have election conspiracy charges dismissed on the grounds that he enjoys immunity for actions he took while in the White House. "No one in this country, not even the president, is above the law," special counsel Jack Smith's team wrote in a 54-page motion filed with the judge presiding over the landmark case. Trump, the frontrunner for the 2024 Republican presidential nomination, is to go on trial in Washington in March of next year for allegedly conspiring to subvert the results of the November 2020 election won by Democrat Joe Biden. The former president's lawyers, in a motion two weeks ago to US District Judge Tanya Chutkan, argued that the charges should be thrown out because Trump is "absolutely immune from criminal prosecution." Prosecutors in the special counsel's office dismissed that argument and urged Chutkan to deny Trump's request. "He is subject to the federal criminal laws like more than 330 million other Americans," they said. "No court has ever alluded to the existence of absolute criminal immunity for former presidents. "The implications of the defendant's unbounded immunity theory are startling," they added. "It would grant absolute immunity from criminal prosecution to a president who accepts a bribe in exchange for a lucrative government contract for a family member," they said, or "a president who sells nuclear secrets to a foreign adversary." Trump's bid to invoke the presidential immunity defense is seen as a long shot by legal observers but it could result in a delay to the start of the trial as the argument potentially winds its way up to the conservative-dominated Supreme Court. Trump's attempts to use the "absolute immunity" defense in other cases have been rebuffed by judges, but the nation's highest court has never ruled directly on whether a former chief executive is immune from criminal prosecution. Trump is the first former US president to face criminal charges. 'Unsettled question' Trump's attorneys, citing a Supreme Court case involving former president Richard Nixon, said the law provides "absolute immunity" to the president "for acts within the 'outer perimeter' of his official responsibility." As chief executive, they argued, Trump had a responsibility to "ensure election integrity" and was within his rights to challenge the results of the 2020 vote. "As President Trump is absolutely immune from criminal prosecution for such acts, the Court should dismiss the indictment," they said. While making the argument that Trump cannot be prosecuted, his lawyers acknowledged the Nixon case they cited involved the civil liability of a former president and not alleged criminal conduct. "The question remains a 'serious and unsettled question' of law," they said. The case before Chutkan accuses Trump of conspiracy to defraud the United States and conspiracy to obstruct an official proceeding -- the January 6, 2021 joint session of Congress that was attacked by a mob of Trump supporters. Other criminal cases against Trump include racketeering charges in Georgia for allegedly conspiring to upend the election results in the southern state and a trial in Florida in May 2024 on charges of mishandling top-secret government documents. Trump and his two eldest sons are also currently involved in a civil fraud trial in New York for allegedly inflating the value of their real estate assets to receive more favorable bank loans and insurance terms. The post Prosecutors reject Trump claim of ‘absolute immunity’ appeared first on Daily Tribune......»»
Filipino reported injured in the ongoing Israeli-Palestinian Conflict
The Overseas Workers Welfare Administration or OWWA confirmed that a Filipino was reported injured in the ongoing war in Israel. This was confirmed by OWWA Deputy Administrator Arnell Ignacio in an interview adding that the injured Filipino is now recovering at a hospital. “These are purely reports, but I think you are referring to Joey Pasulingan. If I’m not mistaken, Joey is currently in the hospital. If you are referring to him, he was hit by a bullet and he is now recovering,” Ignacio said. Hamas launched its most severe attack on Israel on Saturday firing rockets and sending armed men to several Israeli cites. At least 22 people died in the said war. Israeli’s Home Front Command declared a “state of war alert” after the incident. As the army reported combat with the militants in several Israeli cities and military bases near Gaza, Israel claimed the Iran-backed group had declared war. Meanwhile, Israeli Prime Minister Benjamin Netanyahu threatened to take action in response. According to a report from Agence France-Presse, the number of those killed in the attacks increased to around 1,000 as claimed by the officials on both sides on Sunday. The post Filipino reported injured in the ongoing Israeli-Palestinian Conflict appeared first on Daily Tribune......»»
Bersamin: Phl may file new protest vs China
Executive Secretary Lucas Bersamin on Thursday said the Philippines is considering filing a new protest against China over its latest destructive activities in the West Philippine Sea. In an interview with Anthony Taberna, Bersamin said President Ferdinand Marcos Jr. is serious about solving the West Philippine Sea dispute. "That is always the position the government will most likely take. We have always conducted our foreign policy strictly through diplomacy. We don't have aggression or aggressiveness. But whether or not we will file another case against China is one of the options, and I think our lawyers are seriously considering it. But it's very probable, most likely, but we won't definitively say we will," Bersamin said. "You know, filing a case has a point. We litigate even if China doesn't participate because it means you have resolve, you have a determination to hold China accountable. And I will be one of those on the side of going against China," he added. Earlier this week, China told the Philippines not to "stir up trouble" after the Philippine Coast Guard removed a floating obstruction that China had placed to deter Filipino fishermen from accessing Scarborough Shoal, called Bajo de Masinloc by the Philippines. Manila had expressed strong disapproval against the 300-meter-long Chinese barrier at the entrance of Scarborough Shoal's lagoon, a highly productive fishing area. This shoal, characterized by its U-shaped rocky formation and abundant marine resources, was taken by China from the Philippines in 2012 following a two-month standoff. This event led to a legal complaint by Manila through arbitration proceedings a decade ago. Philippine authorities had criticized China's placement of the barrier as a violation of both international law and the Philippines' sovereignty. Bersamin also recalled that Marcos Jr. summoned the Chinese ambassador to the Philippines after the military-grade laser pointing incident in the West Philippine Sea in February 2023. "He summoned the ambassador. You know, the President is not the type to say, 'Hey, Mr. Ambassador...' It's not like that. But the way he stated the position of our country regarding the military-grade laser pointing incident, I thought, 'My admiration was never higher,'" Bersamin said. "We changed what we had agreed on in China with your President; it did not filter down to the lowest levels, something like that. But let's not talk about that. Let this be handled by more competent people, the DFA, or the military," he added. The Philippines won a landmark arbitration case against China in 2016, but China has refused to recognize the ruling. The post Bersamin: Phl may file new protest vs China appeared first on Daily Tribune......»»
‘Total lawfare’: Ukraine’s other front in the war
On 26 February 2022, while Russian tanks were barrelling towards Kyiv, Ukrainian lawyers were fighting on a different front, submitting a case against Moscow at the International Court of Justice. The gilded halls of the Peace Palace in The Hague, where the court sits, are a world away from the trenches of Donbas but Ukraine believes its legal attacks on Russia are a critical part of the fight. What cases are open in Ukraine's campaign of all-out "lawfare" against Moscow and, with little chance of Russian compliance, what's the point? Where are the legal front lines? The Hague, Strasbourg, and Hamburg. Ukraine has dragged Russia before the International Court of Justice (ICJ), which rules on disputes between nations, arguing that President Vladimir Putin abused the UN Genocide Convention when he used an alleged "genocide" in eastern Ukraine as a pretext for invasion. The final arguments in this case will be heard later Wednesday. Also in The Hague, the International Criminal Court (ICC) has issued an arrest warrant for Putin, accusing him of unlawfully deporting Ukrainian children, a war crime. Neither of these courts, however, can try Russian leaders, including Putin, for the crime of "aggression", defined as an attack on one state by another in breach of the UN charter. So a special group of prosecutors from Ukraine, the EU, the United States, and the ICC has been set up in The Hague with a view to establishing a special tribunal to bring senior Russians to trial. Ukraine also has cases open at the European Court of Human Rights (ECHR) in Strasbourg over alleged Russian human rights abuses. Finally, Ukraine also brought cases to the Permanent Court of Arbitration (PCA) in The Hague and the International Tribunal for the Law of the Sea in Hamburg over what it says is Russia's disregard for international maritime law. Will Russia comply? It seems unlikely that Russia would comply with any ruling from an international court -- for example, in March 2022, the ICJ ordered Moscow to immediately halt its invasion. Russia didn't even turn up to the hearings in that case. But it's far from an academic exercise, said Cecily Rose, assistant professor of public international law at Leiden University. "There are examples of cases in which Russia has complied at least partially with an adverse ruling by an international court," Rose told AFP, citing a 2015 verdict in which Moscow reportedly stumped up half the cash it was ordered to. "It shows that non-compliance cannot be cynically assumed. Most of the time, states do comply with awards and judgments rendered by international courts and tribunals." What's the point? Even if Russia doesn't comply, Kyiv and most legal experts think the international community needs to draw a line in the sand. "Some countries do not comply with the law, including Russia. However, it is still important to call them out and to bring a case against them when they do breach the law," said Melanie O'Brien, assistant professor at the University of Western Australia Law School. "The case demonstrates that other countries do not view Russia's conduct as acceptable -- but rather, as unlawful," O'Brien told AFP. A ruling from the ICJ against Russia would be a further element in isolating Moscow and confirming it broke international law, she said. "It is also an important acknowledgment for victims of human rights abuses and international crimes such as war crimes that what happened to them and their loved ones was not lawful," she added. Proving that Russia's actions were in contravention of international law could also be key in future peace negotiations, including over potential reparations, noted Rose. How long will it take? The wheels of justice grind slowly. The ICJ "genocide" case is only about whether the court even has jurisdiction. A special tribunal is politically sensitive and will take a long time to establish. But the wheels of justice also grind exceedingly fine. "Just because Putin won't comply with a ruling now, he won't be in power forever," said O'Brien. "At some point, a change of regime will occur and may lead to compliance with international law." The post ‘Total lawfare’: Ukraine’s other front in the war appeared first on Daily Tribune......»»
SC to release results of 2023 Bar exams before Christmas
The Supreme Court disclosed that the results of the 2023 online Bar examinations will be released before Christmas while the oath-taking of new lawyers will be held before New Year. Yesterday, the three-day Bar exams started in 14 local testing centers (LTCs) nationwide. The SC said the last two days of the exams are on 20 and 24 of September. Associate Justice Ramon Paul L. Hernando, chairperson of the 2023 Bar exams committee, said: “For the longest time, Bar examinees have had to endure several months of perceived agony of waiting before the results of the professional licensure exams for future lawyers are released. “This year, however, following the examples of my recent predecessors as Bar Chair, the time spent by the examinees waiting in agony for the results of the exams will be cut short: my team and I are eyeing the release of the results of the 2023 Bar Examinations in early December before Christmas day. “Moreover, there will be simultaneous oath-taking and signing of the Roll of Attorneys in December also before Christmas day so that we will have our new batch of full-fledged lawyers before the year ends. “It will be an additional reason for those who will hurdle the Bar Exams to celebrate the Holiday Season.” Hernando added that as of 17 September, a total of 10,791, instead of 10,816 as earlier announced, will take the six-subject examinations spread over three days. The change in the number was a result of the withdrawal of 25 examinees who had earlier registered. As in previous examinations, they may still withdraw from the exams after the first day. Hernando said the conduct of the examinations by the SC will be assisted by 2,571 Bar personnel deployed in the 14 LTCs. The SC headquarters for the exams is at the San Beda College Alabang in Muntinlupa City is the appointed SC headquarters for the exams. “The 2,571-strong 2023 Bar workforce—which includes court officials; judges; numerous personnel from the Supreme Court, the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, and First-and Second-Level Courts; and volunteer lawyers in the government and private practice—are fully committed to ensuring the integrity and orderly process of this year’s Examinations,” Hernando said. Six core subjects are covered in the examinations—Political and Public International Law, 15 percent; Commercial and Taxation Laws, 20 percent; Labor Law and Social Legislation, 10 percent; Criminal Law, 10 percent; and Remedial Law, Legal and Judicial Ethics with Practical Exercises, 25 percent. The subjects yesterday were Political and Public International Law in the morning, and Commercial and Taxation Laws in the afternoon, from 8:00 a.m. to 12:00 noon and from 2:00 p.m. to 6:00 p.m. On 20 September 2023, the subjects covered are Civil Law in the morning and Labor Law and Social Legislation in the afternoon. On 24 September 2023, Criminal Law and Remedial Law will be in the morning, and Legal and Judicial Ethics with Practical Exercises in the afternoon. In the National Capital Region, the LTCs are at the San Beda University, Manila; University of Santo Tomas, Manila; SBCA; University of the Philippines, Quezon City; Manila Adventist College, Pasay City; and University of the Philippines, Bonifacio Global City. In Luzon, the LTCs are at Saint Louis University in Baguio City; Cagayan State University, Tuguegarao City; and University of Nueva Caceres, Naga City. In the Visayas, the LTCs are at the University of San Jose-Recoletos in Cebu City, University of San Carlos also in Cebu City, and Dr. V. Orestes Romualdez Educational Foundation in Tacloban City. There are two LTCs in Mindanao—one at the Ateneo de Davao University in Davao City and the other at the Xavier University in Cagayan de Oro City. Courts within the areas of the 14 LTCs will be closed on 20 September. Several local governments in the 14 LTCs have announced traffic rerouting in areas where the examinations will be held. During the three-day examinations, most of them have also banned the sale of liquor at certain times of the day. The post SC to release results of 2023 Bar exams before Christmas appeared first on Daily Tribune......»»
IBP condemns killing of Abra lawyer
The Integrated Bar of the Philippines strongly condemned the killing last 14 September of its commissioner on bar discipline, Atty. Maria Saniata Liwliwa V. Gonzales Alzate, in Bangued, Abra. The lawyers' group urgently called on the National Bureau of Investigation, the Philippine National Police and all relevant investigative agencies to launch comprehensive investigations into the crime, along with all other unsolved cases targeting lawyers. “We ask that they ensure the expedient resolution of these investigations, thereby holding the perpetrators truly accountable,” the IBP said The group said Alzate "upheld the highest standards of the legal profession, leaving behind an enduring legacy for us all.” It added: "We unite in solidarity with the legal community and the family of Atty. Alzate. We honor her memory as an esteemed public interest lawyer and a dedicated Commissioner of the Integrated Bar." The IBP said the killing of Alzate "serves as a stark reminder of the pervasive threats faced by lawyers, judges, and officers of the Court across the Philippines.” “In a society built upon the foundations of justice and equity, there is no place, nor can there be any tolerance, for those who would assail those dedicated to upholding the legal profession and cause of justice,” it stressed. For its part, the Department of Justice through DOJ Assistant Secretary Mico Clavano said, "We hope the manhunt operation will result in the murderer’s capture so he or she can feel the full force of the rule of law." The post IBP condemns killing of Abra lawyer appeared first on Daily Tribune......»»
De Lima lawyers sue judge in drug case
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