As voting nears, more than 150 lawyers stress Roque unfit for international law body

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The House committee on justice as resumes its probe into the proliferation of drugs in the New Bilibid Prison on October 10, 2016.

Kristine Joy Patag – Philstar.com November 8, 2021

MANILA, Philippines (Updated 3:23 p.m.) — Less than a week before elections to the panel, more than 150 lawyers raised their objection to the nomination of presidential spokesperson Harry Roque to the International Law Commission.

A total of 152 lawyers wrote to nearly 200 Permanent Missions and Member States at the United Nations General Assembly to register their “vehement objection” to Roque’s candidacy for the international law panel.

Among the notable signatories of the letter is detained Sen, Leila de Lima, a fierce critic of President Rodrigo Duterte.

The lawyers noted that Roque has defended and justified his principal Duterte, who is now under investigation by the International Criminal Court for allegations of crimes against humanity over the bloody “war on drugs.” 

— Less than a week before elections to the panel, more than 150 lawyers raised their objection to the nomination of presidential spokesperson Harry Roque to the International Law Commission.

A total of 152 lawyers wrote to nearly 200 Permanent Missions to United Nations of Member States of General Assembly to register their “vehement objection” to Roque’s candidacy to join the international law panel.

Among the notable signatories of the letter is detained Sen, Leila de Lima, a fierce critic of President Rodrigo Duterte.

The lawyers noted that Roque has defended and justified his principal Duterte, who is now under investigation by the International Criminal Court for allegations of crimes against humanity over the bloody “war on drugs.”

The lawyers said that “as a lawyer, [Roque] is supposed to be a purveyor of facts and the truth and should uphold the administration of justice, a role he has sacrificed in exchange for his blind loyalty to a strongman president.” They said they fear that Roque will bring that “blind loyalty” to the ILC. 

The UN General Assembly could elect Roque to the ILC as one of eight representatives from Asia-Pacific states to sit for five years beginning Jan. 1, 2023.

The ILC was instrumental in the creation of the International Criminal Court as it helped draft the statute that created the tribunal that tries genocide, war crimes, crimes against humanity and the crime of aggression.

The election of the ILC is set on November 12.

Undermining international mechanisms

The lawyers said of the president’s spokesman: “Quite incongruous for a professed international law expert, he has openly undermined international mechanisms on accountability like the [International Criminal Court], the UN Human Rights Council, and the Office of the UN High Commissioner for Human Rights.”

“As fellow lawyers, we are scandalized by his spins and reinvention of basic legal principles and concepts in his zealousness to repackage President Duterte’s pronouncements of questionable legal and constitutional bases,” they added.

They also noted that Roque has “rationalized extrajuidicial killings” and “tolerated weaponization of the law against activists, dissenters and the opposition.” 

They also accused the former human rights lawyer of red-tagging those who sought to oppose his nomination.

Among the signatories of this letter to the ILC are former law deans Pacifico Agabin and JV Bautista, former Solicitor General Joel Cadiz, former Reps. Neri Colmenares (Bayan Muna) and Erin Tañada (Quezon City) and former Integrated Bar of the Philippines president Ade Fajardo.

Reps. Edcel Lagman (Albay) and Carlos Zarate (Bayan Muna), National Union of Peoples’ Lawyers president Edre Olalia and law professor Howard Calleja also signed the letter.

The Free Legal Assistance Group also sent at least two letters to the ILC, expressing their objection to Roque’s nomination to sit in the panel. Roque’s nomination also earned objection from the University of the Philippines, Diliman where he obtained his law degree and taught constitutional law and public international law for 15 years.

(Letter below)

We, members of the Philippine Bar, in our individual and/or organizational capacities, respectfully put on record our vehement OBJECTION to the candidacy of Filipino lawyer HERMINIO “HARRY” ROQUE JR. to the UN International Law Commission.

Atty. Roque is the official spokesperson of President Rodrigo Duterte who is now facing investigation by the International Criminal Court for alleged crimes against humanity for the extrajudicial killings and other violations in the so-called “drug war.”

Unfortunately, Harry has unbelievably defended and justified President Duterte’s pronouncements enabling extrajudicial killings, attacks on the rule of law and due process and on his unacceptable positions on human rights, justice, pandemic responses and good governance.

Quite incongruous for a professed international law expert, he has openly undermined international mechanisms on accountability like the ICC, the UN Human Rights Council, and the Office of the UN High Commissioner for Human Rights. Harry has also publicly enfeebled platforms for resolutions of conflicts like the Permanent Court of Arbitration.

As a lawyer, he is supposed to be a purveyor of facts and the truth and should uphold the administration of justice, a role he has sacrificed in exchange for his blind loyalty to a strongman president. We fear he will bring this with him to the ILC.

Lamentably, Harry has rationalized extrajudicial killings and tolerated the weaponization of the law against activists, dissenters and the opposition. He is very sensitive to legitimate criticism and even berated media and health professionals calling out government on its policies and practices.

As fellow lawyers, we are scandalized by his spins and reinvention of basic legal principles and concepts in his zealousness to repackage President Duterte’s pronouncements of questionable legal and constitutional bases.

Even more appalling for us is that Mr. Roque has baselessly ascribed less than noble motives and even publicly red-tagged or labelled anyone who oppose his nomination and candidacy to the ILC.

For these reasons alone, we regret as his brethren to express our considered view that to allow his undeserved election to the ILC would be an aberration to its mandate, might diminish its standing before the international community of nations, and even affect its credibility as a body that will initiate studies and make recommendations to encourage the progressive development and codification of international law.

Hence, we are compelled to ask your Permanent Mission to decline giving our very own colleague in the legal profession Mr. Roque your crucial vote in his candidacy to be a member of the ILC. ###

(Note: 152 signatories as of 8 November 2021, 315 p.m. Philippine time)

Name Designation Organization

Noemi Abarientos Children’s Legal Bureau

Andrei Andresan Integrated Bar of the Philippines Surigao Sur

Pacifico Agabin Law Professor University of the Philippines College of Law

Juan Alfonso

Aileen Almora

Minerva Ambrosio Manlaban sa EJK

Lawrence Aquino National Union of Peoples’ Lawyers

Joseph Areno Vice President Integrated Bar of Philippines – Iloilo

Antonio Azarcon Chairman Union of Peoples’ Lawyers in Mindanao

Mae Azores National Union of Peoples’ Lawyers -Bikol

Raymond Baguilat Integrated Bar of Philippines – Ifugao

Cristina Balajadia UP Women Lawyers Circle

Eleanor Balaquiao Integrated Bar of Philippines – Camarines Sur

Edgardo Balgos Board Member Nueva Vizcaya Provincial Board

Danilo Balucos Union of Peoples’ Lawyers in Mindanao

Charadine Bandon Integrated Bar of Philippines

Voltaire Banzon

Carolyn Baterna Integrated Bar of Philippines

Janne Baterna National Union of Peoples’ Lawyers -Panay

Dana Batnag National Union of Peoples’ Lawyers -NCR

JV Bautista Law Dean Concerned Lawyers for Civil Liberties

Sherrylynne Bautista

Mary Bayang Indigenous Peoples Rights International

Jose Begil Union of Peoples’ Lawyers in Mindanao

Purificacion Bernabe President International Pro Bono Alliance 

Raul Bitoon Integrated Bar of Philippines – Negros

Noel Bose Law Professor

Jeremy Bueno III National Union of Peoples’ Lawyers – Ilocos Sur

Jose Cadiz Former Solicitor General 

Howard Calleja  Law Professor

Pura Calleja Free Legal Assistance Group

Edgar Carmona National Union of Peoples’ Lawyers –Camarines

Ruth Cervantes National Union of Peoples’ Lawyers -NCR

Hilda Clave Artikulo Tres

Francisca Claver Integrated Bar of Philippines – Baguio-Benguet

Neri Colmenares Chairperson National Union of Peoples’ Lawyers

Kristina Conti Public Interest Law Center

Marra Cordero Integrated Bar of Philippines – Iloilo City

Reynaldo Cortes Chairperson Cordillera Human Rights Alliance 

Ephraim Cortez Secretary General National Union of Peoples’ Lawyers

Michael de Castro Leflegis

Josalee Deinla Spokesperson National Union of Peoples’ Lawyers

Leila de Lima Senator

Edwin Dela Cruz International Seafarers Action Center

Ericson Dela Cruz National Union of Peoples’ Lawyers – CL

Adan Delamide Integrated Bar of Philippines – Capiz

Lovely De La Torre Integrated Bar of Philippines – Iloilo City

Norma de Leon Prayer Battalion for Truth and Justice

Jocel Dilag Free Legal Assistance Group

Elpidio Digaum Former President Integrated Bar of the Philippines -Surigao

Jenny Domino International Commission of Jurists

Christopher Donaal Free Legal Assistance Group

Rene Estocapio Vice President National Union of Peoples’ Lawyers -Iloilo

Miles Evans Integrated Bar of Philippines – Makati

Abdiel Fajardo Former President Integrated Bar of Philippines

Susan Fernandez Portia Sorority Alumnae Association

Camille Flores Integrated Bar of Philippines –Quezon City

Alnie Foja National Union of Peoples’ Lawyers -NCR

Mary Fokno Integrated Bar of Philippines – Baguio-Benguet

Ruben Fruto Former Law Professor

Eduardo Gaanan Jr. International Pro Bono Alliance 

Annette Gengos Integrated Bar of Philippines – Iloilo City

Dennis Gorecho University of the Philippines Law Batch 1998

Angelo Guillen Officer National Union of Peoples’ Lawyers – Iloilo

Emmanuel Jabla Concerned Lawyers for Civil Liberties

Charles Juloya National Union of Peoples’ Lawyers – La Union

Tomas Junco Jr. President Integrated Bar of Philippines – Guimaras

Philip Jurado Former Government Corporate Counsel

Randy Kinaud National Union of Peoples’ Lawyers– Ilocos

Anacleto Lacanilao Convenor Concerned Lawyers for Civil Liberties

Edcel Lagman Congressman House of Representatives

Carmelo Lasam

Nelson Lidua Jr. Integrated Bar of Philippines – Baguio-Benguet

Francine Longid

Minerva Lopez Officer National Union of Peoples’ Lawyers -NCR

Dexter Lopoz  Spokesperson Union of Peoples’ Lawyers in Mindanao

Kristian Lora Integrated Bar of Philippines – Cebu

Cipriano Lupeba Union of Peoples’ Lawyers in Mindanao 

Florisa Luteijn   International Bar Association

Donna Manlangit Integrated Bar of Philippines

Ian Manticajon National Union of Peoples’ Lawyers -Cebu

Alan Mazo Integrated Bar of Philippines – Baguio-Benguet

Vivienne Mendez Portia Sorority Alumnae Association

Felwina Mondina Pilipino Ass’n of Workers and Immigrants

Carlos Montemayor Jr. National Union of Peoples’ Lawyers

Kutch Montenegro Past President Integrated Bar of Philippines Surigao Sur

Leon Montilla Former President Integrated Bar of Philippines Surigao del Sur Joyce Moran Union of Peoples’ Lawyers in Mindanao

Beverly Musni Union of Peoples’ Lawyers in Mindanao

Beverly Musni, Yr. Union of Peoples’ Lawyers in Mindanao

Czarina Musni Secretary General Union of Peoples’ Lawyers in Mindanao

Oscar Musni Free Legal Assistance Group

Noel Neri Prolabor Legal Assistance Center

Beverly Noriega University of the Philippines Law Batch 1990

Virgilio Ocaya Union of Peoples’ Lawyers in Mindanao

Shirley Olaguer Portia Sorority Alumnae Association

Edre Olalia President National Union of Peoples’ Lawyers

Rolando Rico Olalia

Julian Oliva Jr. National Union of Peoples’ Lawyers

Jobert Pahilga Executive Director Sentro Para sa Tunay na Repormang Agraryo

Wylie Paler Integrated Bar of Philippines

Emilio Pana Union of Peoples’ Lawyers in Mindanao

Katherine Panguban National Union of Peoples’ Lawyers – NCR

Camille Parpan Free Legal Assistance Group

Rachel Pastores Managing Counsel Public Interest Law Center

Luz Perez Sentro Para sa Tunay na Repormang Agraryo

King Perez Visayas Community Law Center

Isagani Pilaspilas   Integrated Bar of Philippines -Iloilo City

Manuel Quibod Law Dean Ateneo de Davao College of Law

Jennifer Ramos Environmental Lawyer

Princess Ramirez Integrated Bar of Philippines

Stephanie Refina UP Portia Sorority Alumnae Association

Jude Romano Ateneo De Manila Law Batch 1989

Remigio Saladero Prolabor Legal Assistance Center

Catherine Salucon Vice President National Union of Peoples’ Lawyers – Isabela

Louie Santos Integrated Bar of Philippines – Baguio-Benguet

Sandra Santos National Union of Peoples’ Lawyers – NCR

Amylyn Sato Executive Director Public Interest Law Center

Maneeka Sarza National Union of Peoples’ Lawyers – NCR

Fhillip Sawali Trustee Alyansa ng mga Abogado ng Bayan

Ryan Solano Integrated Bar of Philippines – Baguio-Benguet

Juan Senupe Jr.

Albert Silva Integrated Bar of Philippines – RSM

Leo Sombiro Jr. Former President Integrated Bar of Philippines – Iloilo City

Virginia Suarez Chairperson Kaisa Ka

Clodualdo Subaldo Jr. Integrated Bar of Philippines – Himamaylan

Maricar Sugayan UP Women Lawyers Circle

Filibon Tacardon Integrated Bar of Philippines – Quezon City

Mary Jane Tadili National Union of Peoples’ Lawyers

Fahima Tajar Labor Rights Defenders Network

Lorenzo Tanada  IIII Former Congressman

Wigberto Tanada Former Senator

Wigberto Tanada Jr.

Reizel Tanchico Integrated Bar of Philippines – Makati

Rodel Taton Law Dean San Sebastian Graduate School of Law

Sol Taule Legal Counsel KARAPATAN

Frank Tiongson National Union of Peoples’ Lawyers – NCR

Jose Mari Tirol   Law Dean University of San Agustin College of law

VJ Topacio Prolabor Legal Assistance Center

Peter Trinidad Vice President Integrated Bar of Philippines – Surigao del Sur

Melva Valdez Portia Sorority Alumnae Association

Pilita Venturanza Integrated Bar of Philippines-Oriental Mindoro

Brenda Viernes National Union of Peoples’ Lawyers – NCR

Cleto Villacorta III

Sarah Villamor National Union of Peoples’ Lawyers – Negros

Susan Villanueva  President  SAMASA

Eugenio Villareal Law Professor Former MTRCB Chair

Pamela Yabut

Cris Yambot Integrated Bar of Philippines – RSM

Marie Yuvienco

Jose Zafra IV Past President Integrated Bar of the Philippines – Surigao Sur

Carlos Zarate Congressman Union of Peoples’ Lawyers in Mindanao