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Public International Law

S A T U R D A Y, J U N E 2 8 , 2 0 0 8 Blog Archive

Kuroda vs Jalandoni 83 Phil 171 ▼ 2008 (25)

► October (1)
Facts
► September (6)
Shinegori Kuroda, a former Lieutenant-General of the Japanese Imperial
Army and Commanding General of the Japanese Imperial Forces in the ► August (4)
Philippines was charged before the Philippine Military Commission for war ► July (8)
crimes. As he was the commanding general during such period of war, he
▼ June (6)
was tried for failure to discharge his duties and permitting the brutal
Tanada vs Angara 272 SCRA 18
atrocities and other high crimes committed by his men against
noncombatant civilians and prisoners of the Japanese forces, in violation of Secretary of Justice vs Judge
Lantion GR 139465 Ja...
of the laws and customs of war.
Kuroda, in his petition, argues that the Military Commission is not a valid J.B.L. Reyes vs Bagatsing GR No.
court because the law that created it, Executive Order No. 68, is 65366 October 25,...
unconstitutional. He further contends that using as basis the Hague Agustin vs Edu 88 SCRA 195
Convention’s Rules and Regulations covering Land Warfare for the war Kuroda vs Jalandoni 83 Phil 171
crime committed cannot stand ground as the Philippines was not a
Mejoff vs Director of Prisons 90
signatory of such rules in such convention. Furthermore, he alleges that the
Phil 70
United States is not a party of interest in the case and that the two US
prosecutors cannot practice law in the Philippines.
About Me
Issue
1.Whether or not Executive Order No. 68 is constitutional riza
2.Whether or not the US is a party of interest to this case View my complete profile

Ruling
The Supreme Court ruled that Executive Order No. 68, creating the National
War Crimes Office and prescribing rules on the trial of accused war
criminals, is constitutional as it is aligned with Sec 3,Article 2 of the
Constitution which states that “The Philippines renounces war as an
instrument of national policy and adopts the generally accepted principles
of international law as part of the law of the nation.” The generally accepted
principles of international law includes those formed during the Hague
Convention, the Geneva Convention and other international jurisprudence
established by United Nations. These include the principle that all persons,
military or civilian, who have been guilty of planning, preparing or waging a
war of aggression and of the commission of crimes and offenses in violation
of laws and customs of war, are to be held accountable. In the doctrine of
incorporation, the Philippines abides by these principles and therefore has a
right to try persons that commit such crimes and most especially when it is
committed againsts its citizens. It abides with it even if it was not a
signatory to these conventions by the mere incorporation of such principles
in the constitution.
The United States is a party of interest because the country and its people
have been equally, if not more greatly, aggrieved by the crimes with which
the petitioner is charged for. By virtue of Executive Order No. 68, the Military
Commission is a special military tribunal and that the rules as to parties and
representation are not governed by the rules of court but by the very
provisions of this special law.

Posted by riza at 9:46 AM

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