US author hits RP Supreme Court for ‘plagiarized’ ruling

One of the authors whose articles were allegedly plagiarized by a Philippine Supreme Court magistrate has criticized the tribunal for supposedly twisting the meaning of his work’s intent. In the international law blog Opinio Juris, American academician Evan Criddle said he and co-author Evan Fox-Decent became aware of the purported plagiarism after a supplemental motion for reconsideration was filed last Monday assailing the controversial ruling. Criddle and Fox-Decent’s article, “A Fiduciary of Theory of Jus Cogens," came out in the Yale Journal of International Law last year. At least 31 parts of the article were supposedly lifted without proper attribution by Associate Justice Mariano del Castillo in his April 28, 2010 ponencia denying the plea of Filipino women who became sex slaves during the Japanese occupation to have the Philippine government compel Tokyo to publicly apologize and provide compensation for the abuse. In his reaction, Criddle wrote: “Speaking for myself, the most troubling aspect of the court’s jus cogens discussion is that it implies that the prohibitions against crimes against humanity, sexual slavery, and torture are not jus cogens norms. Our article emphatically asserts the opposite." The term jus cogens refers to international legal norms that cannot be set aside by any state. They are also principles of law that are “binding on the international community as a whole." On page 331 of the law journal, Criddle and Fox-Decent wrote: “In international law, the term “jus cogens" (literally, 'compelling law') refers to norms that command peremptory authority, superseding conflicting treaties and custom." In Del Castillo's ruling, he wrote on page 30 to 31: “In international law, the term “jus cogens" (literally, “compelling law") refers to norms that command peremptory authority, superseding conflicting treaties and custom." The magistrate's decision also allegedly borrowed from two other sources, namely: "Breaking the Silence on Rape as an International Crime" by Mark Ellis, and "Enforcing Erga Omnes Obligations in International Law" by Christian Tams. Del Castillo has yet to give an official statement regarding the matter. “Let us wait for Justice Del Castillo to give his report," SC spokesman and court administrator Jose Midas Marquez said when sought for comment. - KBK, GMANews.TV