Publication date: 16-03-2013
The Philippines should "limited power" use against Malaysia if the life of the Filipinos caught in the middle of a violent dispute in Sabah are in danger, said Senator Miriam Defensor-Santiago yesterday.
While the use of the law is prohibited under international law, Santiago said that there are certain conditions that make it possible to use a State a "limited power" to protect and save the lives of his subjects.
"International law prohibits the use of violence. But there is an unwritten exception that States to protect or save their nationals by means of armed forces on the territory of another State, "she said before the annual Convention of the Association of Nursing Service administrators Philippines in the Manila Hotel held.
"However this exception should not be made unless the Philippines has to carry out rescue operations," said Santiago, a judge-elect at the International Criminal Court.
Santiago said among the conditions that the Philippine observations should first before undertaking rescue operations in Malaysia are the following:
> The life of Philippine nationals must have truly in danger
> Malaysia is unwilling or unable to ensure the safety of the persons concerned
> The Philippines pursues no other purpose on the occasion of the operation
> The scale and effects of the military force used adequately measured up to the purpose and conditions of the operation.
Later at a Press Conference asked if the current situation in Sabah the Philippines using a limited violence against the Malaysian authorities guarantees, Santiago said, "according to the conditions that are available, then the Philippines could go to war in minor way, as long as these conditions are met ..."
"So, as long as we meet these conditions according to international law, we are using the exemption that allows us to use limited force can make to rescue the Filipinos. We must have rescue operations there if the Filipinos in risk losing their life, "she said.
Under international law, Santiago said, the States in conflict with each other making only peaceful means of settlement of dispute.
"Sentence to say that war is considered illegal under international law for showing that a Member State shall have the right of sovereignty over a certain area has ...That applies, of course, to the dispute in Sabah by the Philippines and Malaysia, "pointed it out.
But the senator pointed out how the Filipinos from Sabah Malaysia hold remained to send first before discussing any way of settlement at the end of the dispute.
This attitude by Malaysia, she said, not authorized by international law.
"That is not covered by international law. If Malaysia insists that the first Filipinos all get out of Sabah should then it will be willing to discuss all the resources of the settlement of the dispute, I'm afraid that Malaysia in danger of being branded as a rouge State by the international community will be. That behavior is not expected, and has not been approved by the international law, "she said.
But before the Philippines takes no action against Malaysia, Santiago proposed the appointment of a third party that would examine the recent wave of violence in Sabah.
When Congress opens in July, said the senator that she would file a resolution expressing the sense of the Senate that President Benigno Aquino III invite Malaysia must agree to an investigation by a third party.
Santiago said that the third-party could be a former Prime Minister or president of South-East Asian Nations.
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