A Dilemma

The Marine that killed the trans-woman in the Philippines is creating a quandary for the U.S. Will the U.S. turn over the Marine to the Philippine government or try him by the U.S. military. It is becoming a political nightmare.

Issue over custody of US soldier may stall filing of murder rap in court—lawmaker
By DJ Yap
Philippine Daily Inquirer
October 15th, 2014

MANILA, Philippines—The question of who takes custody of Private First Class Joseph Scott Pemberton, the suspect in the killing of Filipino transgender Jennifer Laude, is threatening to derail the immediate filing of charges against the American serviceman, according to an Olongapo police official.

Kabataan Party-list Rep. Terry Ridon, who went to Olongapo to lead a preliminary probe, said on Wednesday, that Chief Insp. Gil Domingo, the commander of the police station handling the case, revealed to his group that the custody issue has slowed the criminal prosecution of the suspect.
[…]
“During inquest proceedings, the PNP [Philippine National Police] is duty-bound to produce the suspect in their custody. But because of Pentagon’s insistence on Pemberton’s custody, Philippine authorities are left with no choice but to pursue a direct filing in the fiscal’s office,” the legislator said.

Meanwhile, the PinkNews reported that,

Dozens of protesters burned the US flag on Tuesday night outside the US embassy, demanding Washington hand over a marine suspected of the murder of a transgender woman.
[…]
Yesterday night, around 40 activists waved red flags and shouted “US troops out now.”
They called for the scrapping of an arrangement that allows the US to keep jurisdiction of military personnel accused of committing crimes in the Philippines.

The Enhanced Defense Cooperation Agreement and the Visiting Forces Agreement between the US and the Philippines give jurisdiction to the U.S. military.

The tug-of-war begins.