ICC reality check

Time to reminisce about Law school. International law was taught back then, by very able professors, for sure, but everything was just so intangible.

We spoke about defunct states that were no longer around, Latin maxims that no one cared to use, and dead philosophers with obscure tenets that made terrific sleeping aids. The only frisson of excitement that might be had occurred when the professor was lecturing on diplomatic immunity privileges enjoyed by our ambassadors, but only because it was nice to fantasize about committing crimes in foreign countries and then hopping gaily away from the scene (think, espionage movies and femme fatales).

International criminal law? That was obscure. That was impalpable. It was so much more solid, in contrast, when other professors discussed the Marcos-era People Power revolution and the PCGG efforts to recover stolen wealth. EDSA was still very fresh in our minds. Treaties, accessions, and customary principles of law, on the other hand, made terrific conversation killers.

But look at where we are now. Suddenly, the crimes against humanity committed by Mister Duterte as he is so fondly referred to in the International Criminal Court (ICC) has made international law so much more real for the average Law student (as well, for every Marites, Fe, and Tita with access to a keyboard and fake news).

The ongoing trial of Mister Duterte at the ICC grips the nation, more so the legal community. The recent confirmation of charges proceeding that was beamed from The Hague became TV and YouTube fodder. More importantly, methinks that from now on, Law students will have a much more concrete reckoning with international law.

Of course, there was the West Philippine Sea victory we had over China in an international tribunal. That’s certainly a mandatory assignment in all Law schools in this rebel province of China. Too bad some senators went to Law school prior to this victory, and hence had no opportunity to peruse the facts of the case and the consequent ruling in that desperate, furious manner that normal Law students do when choking down their assignments. However, that does not excuse the fact that they have yet to read a page of the decision, content with gorging themselves on misinformation from the embassy and the sundry lackeys circling around their malodorous periphery.

Well, here’s another fascinating aspect of international law for you, studes! And it’s happening in real time!

Take Joel Butuyan’s speech for the prosecution. That was widely circulated amongst and by his schoolmates. How it makes one proud to have somehow been connected to him. How it makes one proud to be Filipino.

All the other pleadings and statements filed in this case will be scrutinized and analyzed. But for Law students, at least their professors are there to guide them through the chewing and digesting of the arguments. Some of those principles and rulings could entice more fresh grads to specialize in that field later on. And these are interesting enough that a Bar examiner might just include questions on this this case for the next Bar exams (good opportunity to weed out those afflicted with the Dunning-Kruger effect or are unable to weed out their confirmation bias).

But let’s not forget, they are just sounds we hear on the web, words on paper or screens that we read. We are still divorced (and many years away) from the harsh realities of the killings. The ultimately countless victims of the extrajudicial killings ordered by Mister Duterte and implemented by his henchmen have become a mere setting, a backdrop to the legal drama.

Counsel Joel Butuyan wisely chose to remind the judges (and us) that out there are families of victims, still waiting for justice to be served. And these proceedings might indeed be the last boat that they can step on in their pursuit of justice. This justice that is sought, ultimately isn’t for the students, or the practitioners, or for counsel. This is for the victims. We would do well to remember.