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International Humanitarian Law and RA 9851  Respect the lives, dignity, personal rights and

political and religious convictions of captured


People have always used violence to settle disputes. And all combatants and civilians
cultures have always had the idea that there have to be  They are entitled to exchange news with their
limits on that violence, if we are to prevent wars from families and receive aid
descending into barbarity.  Their basic judicial guarantees must be
respected in any criminal proceedings against
WHAT IS IHL? them
 A.K.A. The law of war or the law of armed
conflict RA 9851
 A part of International Law  "Philippine Act on Crimes Against International
 A set of rules which seek to limit the effects of Humanitarian Law, Genocide, and Other Crimes
armed conflict Against Humanity”
 Regulates relations between  AN ACT DEFINING AND PENALIZING CRIMES
States, international organizations and other AGAINST INTERNATIONAL HUMANITARIAN
subjects of international law LAW, GENOCIDE AND OTHER CRIMES AGAINST
 It does not regulate whether a state may actually HUMANITY, ORGANIZING JURISDICTION,
use force DESIGNATING SPECIAL COURTS, AND FOR
 But governs only during conflict by setting RELATED PURPOSES
humanitarian considerations against military  Enacted: July 27, 2009
necessity  9 chapters, 21 provisions

Two branches RA 9851: Why is it enacted?


 Law of Geneva  Renouncement of war as an instrument of
protects victims of armed conflict, such as military national policy
personnel who are hors de combat and civilians who are  Value for dignity of every human person and
not or are no longer directly participating in hostilities guarantee of full respect of human rights
 Law of The Hague  “Children as Zones of Peace”
establishes the rights and obligations of belligerents in  Adoption of generally accepted principles of
the conduct of hostilities, and which limits means and International Law
methods of warfare Hague Conventions of 1987
Geneva Conventions on the protection of victims of war
What shapes the IHL? and international humanitarian law
 MILITARY NECESSITY
permits only that degree and kind of force required to RA 9851: Crimes against IHL
achieve the legitimate purpose of a conflict  WAR CRIMES
 HUMANITY Willfull killing
forbids the infliction of all suffering, injury or destruction Torture or inhuman treatment
not necessary for achieving the legitimate purpose of a Extensive and unjustified destruction of property
conflict. Taking of hostages
Compelling prisoners of war to serve
How is it different from International Human Rights  GENOCIDE
Law? acts with intent to destroy, in whole or in part, a
IHL national, ethnic, racial, religious, social or any other
 Set of International rules established by Treaty similar stable and permanent group
of Custom  OTHER CRIMES AGAINST HUMANITY
 Applicable only in armed conflict; regardless of Willfull killing, extermination, enslavement
declaration or recognition of war Torture, apartheid
 Binds all actors to an armed conflict, state or
non-state War is in no way a relationship of man with man but a
relationship between States, in which individuals are
IHRL enemies only by accident; not as men, nor even as citizens,
 Set of International rules established by Treaty but as soldiers...
or Custom Since the object of war is to destroy the enemy State, it is
 Inherent, belong to every person as a legitimate to kill the latter's defenders as long as they are
consequence of being human carrying arms; but as soon as they lay them down and
 Binds the government in their relation to surrender, they cease to be enemies or agents of the
individuals enemy, and again become mere men, and it is no longer
legitimate to take their lives.
Essential IHL Rules -Jean-Jacques Rousseau, 1762
 Distinguish between civilians and combatants
 Attacks should be made solely against military Prepared by:
objectives Sittie Aina Munder, Liam Lacayanga,Franklin Japos
 Using weapons or methods of warfare that are
indiscriminate is forbidden
 Do not wound or kill an adversary who is
surrendering or who can no longer take part in
the fighting
 The wounded and the sick must be searched
for, collected and cared for as soon as
circumstances permit
 Spare the medical personnel and medical
facilities, transports and equipment