Members of the Burma Solidarity Philippines stage a protest on July 29, 2022 at the Boy Scout Circle in Quezon City to express their solidarity and support of democracy in Myanmar and denounce the killing by hanging of 4 pro-democracy activists. Jire Carreon, ABS-CBN News

MANILA — Representatives of the Chin people of Chin State in Myanmar on Wednesday urged the Department of Justice to act on their pending motion for reconsideration on their war crimes complaint against the military junta.

The government in 2024 said it could not take the case up for lack of jurisdiction.

In an interview with the media, Salai Za Uk Ling — executive director of Chin Human Rights Organization and who also represents the Chin people — said the DOJ has yet to resolve their motion for reconsideration on the joint criminal complaint-affidavit they filed last November.

Aside from this, the DOJ supposedly did not docket their complaint. 

In a letter dated February 22, 2024 the National Prosecution Service told the complainants that their complaint does not fall under Philippine jurisdiction. 

“We both know that a criminal complaint alleging [International Humanitarian Law] offenses, such as your clients’ Joint Criminal Complaint-Affidavit, should comply with the conditions prescribed above in order for Philippine authorities to exercise jurisdiction over it. However, our Office’s careful review of the Joint Criminal Complaint- Affidavit reveals that: one, none of your clients are Filipino citizens,” the National Prosecution Service said. 

“None from the accused is present in the Philippines; and… none of the alleged acts was committed against a Filipino citizen. Clearly then, this Office cannot take cognizance of the matter since the conditions set forth in Section 17 of [Republic Act No.] 9851 for the State to exercise jurisdiction, are not present,” the letter read.

R.A. 9851 is the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

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'UNIVERSAL JURISDICTION'

But lawyer Romel Bagares, their counsel, said war crimes are subject to universal jurisdiction under R.A. 9851.

In their motion to resolve, the Myanmar nationals said that mandatory universal jurisdiction means that “whenever such serious crimes of international concern are brought before Philippine prosecutorial authorities, under Philippine law, they have a legal duty to investigate and –where the evidence allows – prosecute the crimes before Philippine courts.”

This was “regardless of the perpetrators’ nationality and where they may be, and the courts have both the legal duty and jurisdiction to try the perpetrators, subject to available defenses provided in applicable national law and international law and other relevant Philippine procedural and substantive rules,” the document read.

Bagares said all countries have an interest to fight impunity.

“Kahit saang jurisdiction, maaaring may complaint. ‘Yung tinatawag natin na mga lumalabag sa international standards ay wala dapat maaaring taguan dahil interest ng international community pangalagaan ang karapatan ng lahat,” Bagares said.

(Any jurisdiction can accept a complaint. Those who violate international standards should not have anywhere to hide because it is in the interest of the international community to protect the rights of all)

He said that under "mandatory universal jurisdiction", all states have an obligation to investigate alleged war crimes.

For his part, Ling vowed to exhaust all legal remedies, as Myanmar is not a party to the International Criminal Court.

He added that they went to the Philippines  believing the country has a legal system that protects its people.

“The regime has enjoyed complete impunity and the ongoing impunity goes further even at a time that we are experiencing today,” said Ling.

Bagares cited the country’s working legal framework that allowed former President Rodrigo Duterte to be brought to the International Criminal Court at the Hague to face charges of crimes against humanity.

He said this gives them hope that the DOJ would act on their motion for reconsideration.

“That signifies openness sa part of the Philippine government to advance international justice,” he said. 

Bagares said they were willing to raise the issue to the Supreme Court so it would have a “clear ruling” on the scope of RA 9851.