Reuters/Reuters - Malaysian soldiers move into Kampung Tanduo, where troops stormed the camp of an armed Filipino group, in Lahad Datu, Sabah state, in this handout photo taken March 5, 2013. REUTERS/Malaysia's
Genocide
This is the crime that the Malaysian government has been committing when it launched an all-out attack to end the standoff in Lahud Datu in Sabah, claims an expert.
Constitutional expert Marwil Llasos said Philippines should hold Malaysia liable for the death of Tausugs, a small ethnic group from Mindanao, in their attempt to drive away Kiram's followers from Sabah.
Llasos, who is running an independent campaign for Senate under Ang Kapatiran Party, was an understudy and protégé of University of the Philippines College of Law Dean Merlin Magallona.
Llasos, also an expert on international law, issued the statement as he expressed disappointment with the way the Philippine government is handling the fluid situation in Lahud Datu.
"If Malaysian authorities are attacking a particular tribe or a particular group like the Tausug and they do it indiscriminately, affecting those who are not part of the alleged outlaws from the members of the Royal Army of the Sultanate of Sulu, that is an international crime," Llasos said.
"They are committing genocide, which can make the Malaysian authorities liable under the international humanitarian laws," the practicing lawyer added.
The Tausugs are a minority of people living in Mindanao and Malaysia who originally came from the Sulu archipelago.
Llasos noted the Aquino administration should prioritize holding Malaysian government liable instead of looking for violations that Sulu Sultan Jamalul Kiram III's followers may have committed in sailing overseas to press their claim over the disputed territory, even without the authority from the Philippine government.
He clarified Malaysian Prime Minister Najib Razak's declaration of all-out attacks to defend its "honour and sovereignty against Sulu intruders" does not justify Malaysia's disregard against 600,000 Filipino non-combatants already living in Sabah before the security threat occurred.
Llasos criticized Malaysia for not considering the unarmed civilians who went with Kiram's brother, Raja Muda Agbimuddin, when its police launched mopping operations against at least 200 followers.
In an interview with Yahoo! Southeast Asia, Llasos also took a swipe at the Aquino government for the way it is taking care of Philippine interest at the height of Sabah issue.
Llasos expressed frustration at President Benigno "Noynoy" Aquino III's insensitivity to the cultural sentiments of Kiram's followers, which he said may blow out of proportion.
"The cue came from no less than the president when he called those people (Tausug) as outlaws. So if they are outlaws, the Malaysian authorities will consider them as criminals and will shoot them on site," he explained.
"There is no sensitivity to the Tausug psyche and culture. The way the government is handling the Sabah issue really shows the ineptness and incompetence of this administration," he noted.
The international law expert highlighted President Aquino's "ignorance" about the country's long-standing historical and legal claims on Sabah.
Related story: What ex-President Fidel Ramos thinks
Last week, President Aquino ordered the Department of Justice (DOJ) to study the Philippines' claim over the oil-rich territory in North Borneo.
The chief executive also ordered Justice Secretary Leila de Lima to probe if Kiram's followers committed violations.
"The president is clueless on most of these issues. My God! He doesn't know that as early as 1962 there was already legal study that was already conducted," Llasos said.
During the time of former President Diosdado Macapagal, recognized international law experts – former Senators Arturo Tolentino and Jovito Salonga – have studied and documented the nation's claims on Sabah.
He is also blaming the Armed Forces of the Philippines (AFP) for its failure to gather intelligence report about the planned movement from Kiram's followers, which could have prevented the Sabah standoff.
Llasos is baffled as to why the military failed to do its job in spite of gargantuan funds that go the AFP commands in Mindanao.
"That (Sabah standoff) should not have happened if there is a military intelligence from the very beginning, if the president or the government was able to detect their (Kiram's followers) move to go to sabah," he said.
"This government is clueless and who is the commander in chief of the Armed Forces. Second, there was no backdoor negotiation asking (the Malaysian government) to spare their lives," he added.
On Tuesday, a Malaysian government spokesperson said at least 27 people were killed after Malaysian soldiers launched violent operations against Kiram's followers.
Malaysia's "drastic steps" began a few hours after the ultimatum for Kiram's followers to leave Sabah expired last week.
While working as an editorial assistant at the Institute of International Legal Studies, Llasos helped publish a book entitled "The Philippines Claim over a Portion of North Borneo: Documents, Materials, and Cases" in 2003.
