Rape is a form of terrorism
ROSES AND THORNS By Alejandro R. Roces
The Philippine Star
Both the Philippine and the United States governments believed that a Visiting Forces Agreement (VFA) would be mutually beneficial to both countries because it would give more substance to the Mutual Defense Treaty of 1951. One of the main questions raised when the VFA was being deliberated was "Does the VFA exempt US Armed Forces from Philippine law should they commit a crime?" The answer was: "No. The VFA does not give US personnel immunity from Philippine law. In the VFA, both countries agreed on the circumstances under which Philippine authorities would have jurisdiction should a member of the US Forces be accused of an offense while visiting the Philippines for an exercise or other approved activity."
Now, sad to say, four US Marines have been accussed of raping a Filipina in Subic just two months after the Philippines sought their turnover. Rape is a heinous crime. It is in fact one of the worst forms of terrorism and was generally associated with being occupied by an enemy force during a war. We are sure that the Americans do not condone rapists in their Armed Forces. Now Article II of the VFA has this to say on Respect for Philippine laws: "It is the duty of United States personnel to respect the laws of the Republic of the Philippines and to abstain from any activity inconsistent with the spirit of this agreement, and in particular, from any political activity in the Philippines. The Government of the United States shall take all measures within its authority to ensure that this is done."
In this case, what is at stake is the Philippine laws governing rape. The important thing is that the rule of law should prevail during the trial of the four American Marines charged with rape. In the United States, a person charged with a criminal case in court is always presumed innocent till proven guilty. The best is not to have any presumption. That is up for the courts to determine.
The only right we have to demand is a fair trial, meaning fair to both the accused and the accuser. Apparently, the first issue to decide is – who should have jurisdiction over the four accused American Marines – the American Embassy or the Philippine courts? We hope the issue will be settled according to law and here we mean international law. What is applicable to the four accused Marines here should apply to the Filipinos charged criminally in the United States. Let the rule of law prevail. We respect the American visiting forces, but we will not allow any rapist to get away scot free. There must be justice for the rape victim. We are not pre-judging this case. Let our country settle the issue.
The Philippine Star
Both the Philippine and the United States governments believed that a Visiting Forces Agreement (VFA) would be mutually beneficial to both countries because it would give more substance to the Mutual Defense Treaty of 1951. One of the main questions raised when the VFA was being deliberated was "Does the VFA exempt US Armed Forces from Philippine law should they commit a crime?" The answer was: "No. The VFA does not give US personnel immunity from Philippine law. In the VFA, both countries agreed on the circumstances under which Philippine authorities would have jurisdiction should a member of the US Forces be accused of an offense while visiting the Philippines for an exercise or other approved activity."
Now, sad to say, four US Marines have been accussed of raping a Filipina in Subic just two months after the Philippines sought their turnover. Rape is a heinous crime. It is in fact one of the worst forms of terrorism and was generally associated with being occupied by an enemy force during a war. We are sure that the Americans do not condone rapists in their Armed Forces. Now Article II of the VFA has this to say on Respect for Philippine laws: "It is the duty of United States personnel to respect the laws of the Republic of the Philippines and to abstain from any activity inconsistent with the spirit of this agreement, and in particular, from any political activity in the Philippines. The Government of the United States shall take all measures within its authority to ensure that this is done."
In this case, what is at stake is the Philippine laws governing rape. The important thing is that the rule of law should prevail during the trial of the four American Marines charged with rape. In the United States, a person charged with a criminal case in court is always presumed innocent till proven guilty. The best is not to have any presumption. That is up for the courts to determine.
The only right we have to demand is a fair trial, meaning fair to both the accused and the accuser. Apparently, the first issue to decide is – who should have jurisdiction over the four accused American Marines – the American Embassy or the Philippine courts? We hope the issue will be settled according to law and here we mean international law. What is applicable to the four accused Marines here should apply to the Filipinos charged criminally in the United States. Let the rule of law prevail. We respect the American visiting forces, but we will not allow any rapist to get away scot free. There must be justice for the rape victim. We are not pre-judging this case. Let our country settle the issue.
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