The Philippine national government through Malacanang Palace noted that command responsibility does not apply to President Benigno Simeon Aquino on his involvement with the brutal encounter between the PNP-SAF and the combined forces of the MILF and BIFF during the Mamasapano incident that cost the lives of 44 SAF operatives.
President Aquino cannot be tried before the International Criminal Court (ICC) for a police operation that led to the deaths of 44 Special Action Forces (SAF) according to the statement released by Malacanang Palace on Tuesday, February 4, 2015.
The Palace reacted on Sen. Miriam Defensor-Santiago’s pronouncement on Monday that on the basis of command responsibility, President Aquino may be made to face the ICC for the SAF operation in Mamasapano which the President admitted he has knowledge.
However, the Palace, agreed with the statement released by Senate President Franklin Drilon, who asserted that command responsibility does not apply in the Mamasapano incident because arresting a fugitive is not a crime.
The Senate President was quoted as saying “Under the Rome Statute, command responsibility will apply if the superior, knowing his subordinates will commit a crime, fails to stop the commission of the crime, or knowing that his subordinates committed a crime, fails to punish them,” Coloma said, quoting Drilon’s remarks to reporters.
Presidential Communications Operations Office Chief Herminio Coloma also added that “It’s very clear that the SAF launched the operation not to commit a crime but to enforce the law,” Coloma stated.
During previous interviews with various news media organization, President Aquino admitted prior knowledge of the manhunt, but said the SAF chief had observed “very minimum compliance” with his directive for proper coordination. He also noted that PNP Chief Director Alan Purisima had coordinated with him on the operation, but only before the police chief’s suspension last December.