Thank crime of genocide is one of the crimes

Thank you for contacting The Hague University Legal
Clinic. My name is Vato Chigoguidze, I am a student at The Hague University
Legal Clinic and I specialize in international criminal law.

I have been closely following the events in the Philippines
since Mr. Duterte became president and I am pleased to provide legal assistance
to you about your specific questions. I have divided your questions into three
parts and I shall answer them separately.

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The Philippines
signed and ratified the Rome Statute of the International Criminal Court and it
entered into force on November 1, 2011. The crimes in the jurisdiction of the
International Criminal Court are: the crime of genocide, crimes against
humanity, war crimes and the crime of aggression.1 Before
that, the Philippines enacted the Republic Act 9851, in 2009, which basically
defined and penalized the core crimes of genocide, crimes against humanity and war
crimes.2

 

Are
the acts of Mr. Duterte constitutive of genocide?

 

No, the
acts of Mr. Duterte are not constitutive of genocide. The crime of genocide is one
of the crimes known to man and is defined in Article 6 of the Rome Statute. The
crime of genocide has a an important component that distinguishes itself from
other crimes, this is the element of “intent” or also called mens rea.  In order to prosecute Mr. Duterte for the crime
of genocide, the prosecution must prove that the defendant had the “intent to destroy,
in whole or in part, a national, ethnical, racial or religious group”3. The
element of intent is generally very hard to prove and considering the fact that
no particular “national, ethnical, racial or religious group”4
was targeted makes Mr. Duterte not constitutive of genocide.

1 UN General Assembly, Rome
Statute of the International Criminal Court (last amended 2010), 17 July 1998,
ISBN No. 92-9227-227-6, available at:
http://www.refworld.org/docid/3ae6b3a84.html accessed 28 January 2018

2 Human Rights Watch, World Report 2011: Events of 2010 (Seven
Stories Press 2011) 359.

3 Rome Statute of the International Criminal Court, Article 6

4 Ibid