It is time for Duterte and his legal and foreign policy teams to study the new international law principle of RESPONSIBILITY TO PROTECT (human rights "universal jurisdiction" vs. "state sovereignty").
Under this principle, "SOVEREIGNTY no longer exclusively protects States from FOREIGN INTERFERENCE; it is a charge of responsibility that holds States accountable for the welfare of their people."
According to the United Nations:
"Prevention requires apportioning responsibility to and promoting collaboration between concerned States and the international community.
The duty to prevent and halt genocide and mass atrocities lies first and foremost with the State, but the international community has a role that CANNOT BE BLOCKED BY THE INVOCATION OF SOVEREIGNTY.
SOVEREIGNTY no longer exclusively protects States from FOREIGN INTERFERENCE; it is a charge of RESPONSIBILITY where States are ACCOUNTABLE for the welfare of their people.
This principle is enshrined in article 1 of the GENOCIDE CONVENTION and embodied in the principle of “SOVEREIGNTY AS RESPONSIBILITY” and in the concept of the RESPONSIBILITY TO PROTECT.
The three pillars of the responsibility to protect, as stipulated in the Outcome Document of the 2005 United Nations World Summit (A/RES/60/1, para. 138-140) and formulated in the Secretary-General's 2009 Report (A/63/677) on Implementing the Responsibility to Protect are:
* The STATE carries the PRIMARY RESPONSIBILITY for protecting populations from GENOCIDE, WAR CRIMES, AND CRIMES AGAINST HUMANITY and ETHNIC CLEANSING and their INCITEMENT;
* The INTERNATIONAL COMMUNITY has a responsibility to encourage and assist States in fulfilling this responsibility;
* The INTERNATIONAL COMMUNITY has a responsibility to use appropriate diplomatic, humanitarian and OTHER MEANS TO PROTECT THE POPULATIONS from these crimes.
* If a State is manifestly failing to protect its populations, the INTERNATIONAL COMMUNITY must be prepared to take COLLECTIVE ACTION to protect populations, in accordance with the CHARTER OF THE UNITED NATIONS."
Therefore, under the International Law principle of "RESPONSIBILITY TO PROTECT", Duterte cannot invoke the doctrine of "independence and sovereignty of the Philippines as a member state of the UN" to avoid lawful investigation, prosecution and interference by the INTERNATIONAL COMMUNITY if it is established that he is guilty of the crimes of GENOCIDE, WAR CRIMES, "CRIMES AGAINST HUMANITY", or ETHNIC CLEANSING and their "INCITEMENT" against his own people.
I refer, for instance, to his deadly, brutal and unconstitutional WAR ON DRUGS, which has so far produced 7,028 victims in less than seven months from his assumption to office as president.
Such a violent local war may be deemed as a CRIME AGAINST HUMANITY based on the "pervasiveness and regularity of the killings" and the "official state policy" in support thereof as enunciated by Duterte in his speeches and issuances.
