Senators urge gov’t to pursue killers of 19 soldiers

MANILA, Philippines—Ceasefire or not, the government would be correct if it invokes the principle of hot pursuit in arresting those believed still hiding in the Basilan lair of the Moro Islamic Liberation Front (MILF) after killing 19 soldiers, senators advised.

Senator Gregorio Honasan said hot pursuit could be raised as part of the government’s “automatic procedural response” against the perpetrators regardless of whether there are peace negotiations.

“Anyway, the MILF admitted (the killings) and government troops (would be) within their powers if they pursued,” he said in a phone interview.

Senator Miriam Santiago said the government could also invoke “military necessity” under the R.A. 9871 or the Philippine Act on Crimes Against International Humanitarian Law in running after the killers.

“Military necessity trumps any ceasefire agreement. The murder of 19 soldiers could have been avoided, if the Philippine military and police were allowed to apply the doctrine of fresh pursuit (against fugitive Dan Laksaw Asnawi in the first place),” she said, referring to the target pursued by the ill-fated soldiers who supposedly entered MILF territory.

“This rule allows government soldiers to cross jurisdictional lines in fresh pursuit of rebel guerrillas who have committed war crimes,” she explained.

Honasan said the MILF’s act of killing the soldiers was already a clear violation of the ceasefire forged between the government and the rebel group.

“Let’s not view this in the context of the peace negotiation. (The massacre) was a violation of the ceasefire. The soldiers were fired upon,” he clarified.

“Procedurally, we should exercise the police powers of the government. There should be no gaps between (the time of) the violation and the enforcement of the law. Apparently, there was a hesitation to do this because of the peace talks,” Honasan pointed out.

Invoking hot pursuit now “depends on the capability to enforce it,” he added.

Honasan stressed he supports President Benigno Aquino’s choice against an all-out war against the MILF.

“I’m simply saying we must enforce our moral and political high ground and our actions should be well-coordinated. There should be quick response on the ground to enforce the law,” he said.

Santiago said invoking military necessity would allow government forces to “enter rebel havens described by the existing ceasefire agreement as “areas of temporary stay (ATS).”

ATS allow MILF rebels to seek refuge in specific areas agreed upon with the government during ceasefires. Under this policy, the government needs to seek clearance with rebels before entering an ATS.

She said R.A. 9871 defines “military necessity” as “employing measures which are otherwise indispensable to achieve a legitimate aim of the conflict and are not otherwise prohibited by international humanitarian law.”

Santiago said that if the rule against invasion of ATS is still observed, the military would be “so severely hampered in its law enforcement functions that the Philippines would be flirting with the status of a failed state.”

“We don’t have to wait for the next round of peace talks in Kuala Lumpur…We do not need the approval of the International Monitoring Team or the MILF (before doing this),” she said.

Santiago also called on the Supreme Court to designate special courts in the areas of armed conflict to try cases involving crimes punishable under R.A. 9871.

“No quarter is given by the rebels, and they have killed protected persons, as this term is defined under The Hague and Geneva Conventions and Protocols.  The rebels are guilty of war crimes,” she said.

“If the MILF argues that the attacks were carried out by rogue or renegade guerrillas, then that would be a confession that the MILF leaders have no effective command and control.  In that case, there would be no point continuing peace talks with them,” the senator added.

At the same time, Honasan and Senate defense chair Panfilo Lacson, both of Philippine Military Academy (PMA) Class ’71, downplayed fears of restlessness in the military as aired by some opposition lawmakers.

“There’s no report of restlessness. The commanders are on top of the situation,” Honasan assured.

Lacson, in a text message, said the President “enjoys the support of the (Armed Forces of the Philippines) and the (Philippine National Police).”

“The MILF issue is not a reason at all to cause destabilization of his leadership.  Massive and institutionalized corruption like that GMA committed could propel and Oakwood-like incident. P-Noy (is still) perceived as incorruptible and honest as the nation’s leader,” he added.

However, Senator Antonio Trillanes IV of PMA Class ’95 confirmed the reports on restive soldiers.

“It is true that morale is low among the AFP (Armed Forces of the Philippines) ranks. I believe they expected their commander in chief to be more sympathetic to their circumstances and that he’d issue a stronger statement,” Trillanes said in a text message.

“The President need not change his position but at least order a review of the parameters of the ceasefire agreement and demand that the MILF turn over the perpetrators of these incidents,” he added.