Kasong crimes against humanity, layong parusahan ang mga sangkot sa sistematikong pag-atake sa civilian population

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00:00A legal expert explained the crimes against humanity that former President Rodrigo Duterte is facing now.

00:07The details in the news of Gabriel Yegas of PTV Manila.

00:13This Friday, former President Rodrigo Duterte joined the International Criminal Court

00:19because of the complaint of crimes against humanity

00:21because of the bloody drug war during his administration.

00:24But what are the crimes against humanity?

00:27According to Article 7 of the Rome Statute,

00:29crimes against humanity is a broad or systematic attack against the civilian population.

00:35According to the dean of the University of St. LaSalle College of Law in Bacolod City,

00:39Atty. Ralph Sarmiento,

00:42far from the alleged cases of those behind the crimes.

00:45Primarily, what we are trying to protect here and what we are trying to punish

00:50are direct attacks against the civilian population.

00:53Some of the elements that should be seen to enter the crimes against humanity

00:57are former President Actos Rios,

01:00where the perpetrator is said to have killed one or more people.

01:05Contextual element,

01:06if the killing is part of a broad or systematic direct attack against a population.

01:13And mens rea, or perpetrator knows that his action is part of a broad or systematic attack.

01:20Because the first trial against the former president was held in September,

01:25the prosecution and defense have a long time to prepare their evidence and witnesses.

01:32The charges need to be established by the International Criminal Court

01:36that they have sufficient evidence or witnesses

01:39to establish each and every charge against the former President Rodrigo Duterte.

01:44Now, if they cannot prove that they have sufficient evidence,

01:47then it's a ground that it's possible that the charges will not be confirmed against him.

01:52And if there are no charges that can be confirmed against him,

01:56then it will result in a dismissal of the case.

01:58If the charges can be confirmed against him,

02:01then the confirmed charges will be filed in the trial division or trial chamber.

02:10When it comes to the long term that the case will be run in the ICC,

02:14San Miento also said that it depends on the availability of witnesses and the schedule of the court.

02:20Now, whatever the outcome, it can still be appealed in the trial chamber of the ICC.

02:27From People's Television Network,

02:29Gabriel De Villegas for Balitang Pambansa.

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