04/02/2020
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agreement under international law, or a unilateral declaration of the Philippine
government to the international community that it would grant to the Bangsamoro
people all the concessions therein stated. Neither ground finds sufficient support in
international law, however.
The MOA-AD, as earlier mentioned in the overview thereof, would have included
foreign dignitaries as signatories. In addition, representatives of other nations were
invited to witness its signing in Kuala Lumpur. These circumstances readily lead one
to surmise that the MOA-AD would have had the status of a binding international
agreement had it been signed. An examination of the prevailing principles in
international law, however, leads to the contrary conclusion.
The Decision on Challenge to Jurisdiction: Lomé Accord Amnesty[180] (the Lomé
Accord case) of the Special Court of Sierra Leone is enlightening. The Lomé Accord
was a peace agreement signed on July 7, 1999 between the Government of Sierra
Leone and the Revolutionary United Front (RUF), a rebel group with which the Sierra
Leone Government had been in armed conflict for around eight years at the time of
signing. There were non-contracting signatories to the agreement, among which
were the Government of the Togolese Republic, the Economic Community of West
African States, and the UN.
On January 16, 2002, after a successful negotiation between the UN SecretaryGeneral and the Sierra Leone Government, another agreement was entered into by
the UN and that Government whereby the Special Court of Sierra Leone was
established. The sole purpose of the Special Court, an international court, was to try
persons who bore the greatest responsibility for serious violations of international
humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone
since November 30, 1996.
Among the stipulations of the Lomé Accord was a provision for the full pardon of the
members of the RUF with respect to anything done by them in pursuit of their
objectives as members of that organization since the conflict began.
In the Lomé Accord case, the Defence argued that the Accord created an
internationally binding obligation not to prosecute the beneficiaries of the
amnesty provided therein, citing, among other things, the participation of foreign
dignitaries and international organizations in the finalization of that agreement. The
Special Court, however, rejected this argument, ruling that the Lome Accord is not a
treaty and that it can only create binding obligations and rights between the parties
in municipal law, not in international law. Hence, the Special Court held, it is
ineffective in depriving an international court like it of jurisdiction.
"37.In regard to the nature of a negotiated settlement of an
internal armed conflict it is easy to assume and to argue
with some degree of plausibility, as Defence counsel for
the defendants seem to have done, that the mere fact
that in addition to the parties to the conflict, the
document formalizing the settlement is signed by
foreign heads of state or their representatives and
representatives of international organizations, means
the agreement of the parties is internationalized so as
to create obligations in international law.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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