“The case of Jennifer Laude is just one of many cases of abuse and murder committed by US troops when they set foot here in the Philippines,” said Ysabelle Briones, spokesperson of Youth for Justice and Peace (Y4JP).
Along with various youth groups, Y4JP held a Black Friday protest and candle lighting at the Technological University of the Philippines to demand justice following the decade anniversary of Jennifer Laude who was murdered by US Marine Corps Lace Cpl. Joseph Scott Pemberton in 2014.
“When Laude’s death was reported, those handling the case treated it as a simple murder case. But this adds up on the many cases to expose about a broader social issue and implication of US imperialism,” said Briones.
On VFA’s criminal jurisdiction framework
In 2020, the former Duterte administration granted an absolute pardon to Pemberton, citing good conduct time allowance.
Pemberton was among the 3,500 US sailors and marines who participated in the Amphibious Landing Exercise (PHIBLEX) in September 2014 under the Visiting Forces Agreement (VFA).
As the drills concluded on October 10, 2014, Pemberton had some leeway to indulge in what seemed like a good recreational activity; the following day, he met Laude in a bar in Olongapo City, a setting that would shift from what Pemberton deemed a “recreational activity” to a heinous crime.
“This is what US troops bring with them. Agreements like Enhanced Defence Cooperation Agreement (EDCA) and VFA permit them to enter the country and act as significant boosters only to promote exploitation and anti-social activities in the Philippines. This results in rape, murder, and violence against women, children, and members of the LGBTQIA+ community. Despite exposing this pervasive culture, the worst part is that they are not held accountable. They are even labeled as untouchables under EDCA and VFA,” Briones argued.
While Pemberton admitted to the crime, he claimed “self-defense” upon discovering Laude’s gender identity. It took about a year before he was found guilty beyond reasonable doubt—not of murder, but only of homicide—and sentenced him for six to 12 years imprisonment. His jail term was even later reduced to 10 years.
However, key provisions on criminal jurisdiction under the VFA came into play that appeared to allow Pemberton to evade the full weight of the law for his crime of killing Laude.
Under the VFA, legal authority is divided between the Philippines and the US when a US military personnel commits a crime in the host country. Accordingly, the Philippine government holds primary jurisdiction over the personnel when they violate Philippine laws. However, there are also exceptions such as when the US can request jurisdiction if the offense was committed while the personnel were performing official duties.
Either the Philippines or the US can also waive its right to exercise jurisdiction. Given this, in some cases, the US can request the Philippines to waive its jurisdiction and allow them to conduct a trial under its military justice system.
It is also stipulated under the VFA that the US personnel shall remain in US custody during legal proceedings, unless the crime is considered “of particular importance”. With Laude’s case in context, this custody arrangement led to delays in the enforcement of sentence against Pemberton as he was even given a preferential treatment in Camp Aguinaldo and eventually got pardoned after his conviction.
“This is why we are so outraged. The truth exposed under these unjust and unfair agreements is that the Philippine government really has no power to hold US military personnel accountable for their crimes committed on our land,” Briones added.
Compounding threat to sovereignty
The same year when the former Duterte administration granted Pemberton’s pardon, his administration acted to abrogate the VFA after making three consecutive requests for a six-month suspension of the termination.
Former presidential spokesperson Harry Roque said Duterte remained undecided about the termination, particularly noting the issue in the West Philippine Sea, and pondered whether the VFA will be beneficial to the Filipinos or not.
“In our view, there is an apparent, unequal, and master-puppet relationship between the two nations [Philippines and US]. This relationship leads to continued, bigger Balikatan, an annual military exercises between Filipino and American troops. This year saw over 16,000 soldiers participated in military drills ought to be a show of force against China in their power struggle in the Indo-Pacific Region. The looming presence of these foreign soldiers on our soil takes advantage of our legitimate maritime concerns in the WPS, but also fan the flames of war in the disputed region,” said LGBTQIA+ alliance group Bahaghari in a statement.
Y4JP seconded and asserted that the US only exacerbates the growing tension in the WPS by adding and maintaining military installations through EDCA and use Filipinos as pawns in its broader geopolitical interests.
There are about nine EDCA sites in the country, with four additional sites approved to be established in the province of Cagayan, Isabela, and Palawan In April 2023.
Meanwhile, former president Duterte eventually recalled the VFA termination following his July 2021 meeting with US Defense Secretary Lloyd Austin III.
“Agreements like EDCA and VFA contribute to a systemic culture of impunity, violence and abuse that is not only limited to cases like Jennifer Laude,” Briones said.
“We demand the total abolition of VFA alongside all unequal and unjust policies that foster a culture of impunity, rampant killings, red-tagging, and repression that trample on our basic rights. We demand the withdrawal of US and foreign military troops and their bases that continue to wield unchecked powers against Filipinos. We demand the Marcos Jr. administration accountable to its people, not foreign powers,” she added.
Y4JP called on students, youth, and advocates of justice to stand united in these demands.
“The denial of one’s gender identity, the silencing of dissent, and the murder of LGBTQIA+ individuals like Jennifer Laude stem from a culture that prioritizes imperialist control and capital interests over genuine inclusivity and human rights. With Jennifer Laude’s memory, and the ongoing struggles of our people, we demand nothing less,” Briones concluded.
