Tag Archives: Hague

Qwertyman No. 137: ICC Ex Machina

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Qwertyman for Monday, March 17, 2025

IN PLAYWRITING and fiction, we call it deus ex machina—literally, the “god out of the machine”—which has come to mean a miraculously happy or fortuitous ending to a long and agonizing drama. 

You’ll find it, for example, when a virginal heroine—beleaguered by dirty old men and rapacious creditors—seems on the brink of yielding her precious virtue, tearfully praying on her knees for deliverance, when a kindly lawyer comes knocking on her door to announce that a distant uncle has passed away, leaving her his fortune. We rejoice with her—despite feeling, at the same time, that divine intervention came a bit too conveniently. This is why I admonish my students to refrain from employing deus ex machina in their stories, because in today’s hard-bitten and cynical world, nobody really believes in it anymore, and readers simply feel deprived of a more rational ending.

Like many things we know about drama, the idea goes back to the ancient Greeks, whose playwrights used it to great effect, Aeschylus and Euripides among them. Euripides most memorably turned to deus ex machina in Medea, where the title character—having been cheated on by her husband Jason—kills Jason’s mistress and their own two children. Guilty both of murder and infanticide, Medea seems hopeless and bound for damnation—until a machine, actually a crane shaped like a chariot drawn by dragons, emerges from behind the stage. It has been sent by Medea’s grandfather, the sun-god Helios, to pluck Medea away from her husband and from the coils of human justice and deliver her to the safety of Athens.

Was it fair of the gods to save Medea from the punishment awaiting her on earth? It’s arguable, but more than a device to resolve a messy plot, the “god out of the machine” was meant to remind the Athenian audience that a higher order of justice obtained, and that when humanity became too entangled in its own predicaments, then it was time for the gods to take over.

A lot of this swept through my mind last week as the drama of Rodrigo Duterte’s arrest and express delivery to the International Criminal Court at the Hague played out on TV and social media. Had the gods come out of the machine to impose divine justice? It had seemed nearly impossible a few years ago, when Digong was still flaunting his untouchability and taunting the ICC to come and get him. Well, we all know what happened since then—and they did. 

We understand just as well that the Marcos administration performed this operation not out of some abounding sense of justice or because it had suddenly acquired a conscience and realized the evil with which it had “uniteamed” to electoral victory in 2022. “We did what we had to do,” President Marcos Jr. explained on TV, with deadpan truthfulness—referring superficially to the Philippines’ obligation to honor its commitment to Interpol, but subtextually to the irresistible opportunity to cripple someone who had become a political arch-enemy, and providentially gain the support of masses of people harmed and disaffected by Duterte’s butchery.

The outswelling of that support—at least for Digong’s arrest and deportation—was spontaneous and sincere. Not since the Marcoses’ departure at EDSA had I felt such relief and exhilaration—and surely the irony would not have been lost on BBM, who knows what it was like to leave on a jetplane, kicking and dragging, for an uncertain future.

And what I say next may go against the grain of everything I have said and thought about the Marcoses, but no matter what ulterior motives may have come into play in this episode of the Duterte-ICC saga, I feel thankful for the resolve and the dispatch that BBM showed in this instance. Along with his administration’s resistance to Chinese aggression in the West Philippine Sea, this will be certain to count among his most positive achievements. 

The great difference between this drama and Medea, as an example of deus ex machina, is that the intervention of the ICC (with BBM helpfully providing the crane) isn’t going to save Duterte, but rather the people whom his presidency soaked in blood. But as with Medea, the “gods” step in when local justice proves impotent or inadequate (and did anyone really believe that Duterte would be hauled before and convicted in a Philippine court of law, when even the Maguindanao Massacre took a full decade to produce convictions for the principals?).

The question now is what next—not for The Great Punisher, for whom a prolonged trial at a cushy court will not be punishment enough, but for the Marcos administration, which suddenly finds itself with more political capital at its disposal, and yet also put itself at greater risk? Surely it must also realize that it not only has committed itself to tearing down the entire House of Duterte and confronting the many millions of voters they still represent, but that it has also set itself up for higher expectations, on pain of suffering the same ignominious fate?

In the hopeful bit of theater playing in my mind, I imagine BBM parlaying the bonus of goodwill he has earned from this maneuver into a broader if not genuine resolution to distance himself further from his predecessor and create a freer and more just society. There are clear and immediate steps he can take in this direction. The first gesture would be the release of all remaining political prisoners, followed by the abolition of the NTF-ELCAC, which no longer serves any useful purpose (not that it ever did). He can root out and punish the enablers and perpetrators of Oplan Tokhang and eliminate oppression and corruption from the mindset of Philippine law enforcement. And then he can begin reforming Philippine governance, starting with the quality of the people he seeks to bring to power—senators, congressmen, and the like.

But then that would be the ultimate deus ex machina, and we have been shaped by experience into a stubbornly disbelieving lot.

Qwertyman No. 88: Wanted: Gentlemen

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Qwertyman for Monday, April 8, 2024

A SHIPLOAD (let’s get that consonant right) of questions has been raised over the “gentleman’s agreement” alleged to have been entered into between former President Rodrigo Duterte and China’s Xi Jing Pin over the disputed Ayungin Shoal in the West Philippine Sea. China has suggested as much, complaining about the present administration’s “inaction” over what it apparently considered a done deal.

According to former Duterte spokesman (should we also call him “former human rights lawyer”?) Harry Roque, Duterte and Xi did pledge between them to “maintain the status quo” in the troubled zone, meaning, there would be no rebuilding or reinforcement of Philippine installations there—specifically referring, I suppose, to the hopelessly decrepit BRP Sierra Madre that has to be the sorriest and loneliest maritime outpost in the world. 

Chinese Coast Guard cutters have routinely tried to block Philippine vessels attempting to resupply the Sierra Madre. A month ago, four Filipino sailors were injured when they were water-cannoned by the Chinese, and their ship rammed. Our resupply ships have been running these Chinese gauntlets to reach the marines on the grounded Sierra Madre, which symbolically enforces our claim to the Spratly Islands, or that portion of it we call the Kalayaan Islands group. This was precisely the kind of situation that Duterte and Xi reportedly tried to avoid with their agreement.

Upon hearing his former colleague’s explosive revelations, former presidential counsel Salvador Panelo quickly went on the air to dismiss them as the fabrications of a publicity-seeker, assuring the public that Digong himself had denied the report. He added that his old boss would never have sold out the country that way. In fact, Panelo claimed, Duterte had brought up the Philippines’ arbitral victory against China at the Hague with Xi—a judgment Duterte had ironically threatened to toss into the wastebasket as nothing more than “a piece of paper.” Roque then went on to explain that the “gentleman’s agreement” covered not just Ayungin Shoal but the entire West Philippine Sea, enlarging its scope exponentially. If it was a lie to begin with, as Panelo suggested, well, the lie got much bigger.

This spectacle of two Duterte mouthpieces not just speaking at cross-purposes but putting each other down would be immensely entertaining if our national territory and patrimony weren’t at stake. It doesn’t really matter who between these two, uhm, gentlemen is right, or whom we end up believing. What’s clear is that either way, beyond token whimpers and some lip service to sovereignty, Duterte and his crew never did much to defend Philippine territorial and maritime rights in the WPS, debating with their local critics on the issue more than with the Chinese, even waging a vain effort to denigrate the Hague ruling and those who had fought so hard for it. 

Given the new administration’s popular pivot toward a more aggressive stance on China, we can understand if Duterte and his boys seem scrambling to be seen as having been patriots all along. Who knows, maybe they were, and maybe we poor kibitzers were just too dumb or too dense to see that. 

Remember when Duterte made that famous “wastebasket” remark in May 2016? Then-spokesman Roque tried to spin that by saying no, no, no, you have to “apply the proper construction” (his exact words) to that statement—meaning (hold your breath), “He really didn’t mean it that way. Instead, go back to his UN speech where he vowed to defend the Philippines against China. When he said ‘I’ll throw this into the wastebasket,’ he wasn’t speaking for himself, he was speaking from the point of view of the Chinese.”

Huh? Forgive me if I can’t wrap my non-lawyerly mind around this “proper construction,” let alone explain why a Philippine president should be expressing the Chinese view.

To help sort this mess out, Sen. Risa Hontiveros has called for a hearing to find out if, indeed, Duterte and Xi had, as the young ones put it, an “MU” over Ayungin and the WPS. Predictably, Panelo thinks this probe will be a “waste of time,” insisting that the reported “gentleman’s agreement” never happened. 

Another newspaper quotes an anonymous Chinese official saying, like Roque, that it did. Under the reported terms of the deal, China would allow the Philippines to resupply the BRP Sierra Madre for as long as it did not reinforce or rebuild the ship. (How the agreement supposedly applies to the entire WPS as Roque claims remains murky.)

One would think that a true, broader, and more meaningful “gentleman’s agreement” in the West Philippine Sea would involve the non-building of offensive structures and bases, the avoidance of violent confrontation, respect for our fishing rights, and freedom of navigation for all nations in international waters—all of which the Chinese have flouted with impunity. Instead—and if true—all our former president did was to ask the Chinese for permission to resupply our own aging and ailing vessel, in exchange for a promise to let it rot. Whether that’s treason or patriotism, you be the judge.

Pending further inquiry, I myself suspect that some kind of bargaining did take place, but I somehow doubt that it was a gentleman’s agreement. For that you’d need at least two gentlemen in the house.