INTERNATIONAL

HUMANITARIAN LAW
HORRORS OF WAR
OBJECTIVES
To provide an appreciation of the IHL.
To instill awareness of the basic HR.
To emphasize the role of the AFP in the
preservation of HR/IHL
The icrc
The work of the ICRC is based on the Geneva Conventions
of 1949, their Additional Protocols, its Statutes and those
of the International Red Cross and Red Crescent
Movement and the resolutions of the International
Conferences of the Red Cross and Red Crescent. The
ICRC is an independent, neutral organization ensuring
humanitarian protection and assistance for victims of war
and armed violence. It takes action in response to
emergencies and at the same time promotes respect for
international humanitarian law and its implementation in
national law.
The icrc
The International Red Cross and Red Crescent
Movement is the largest humanitarian network in
the world. Its mission is to alleviate human
suffering, protect life and health, and uphold
human dignity especially during armed conflicts
and other emergencies. It is present in every
country and supported by millions of volunteers.
HORRORS OF WAR
War is a horrifying
business.
War is hell even
though there are
rules to be followed.
War is cruel.
HORRORS OF WAR
War causes pain,
fear, terror and
sorrow.
In war, there are no
winners or losers,
only casualties and
victims.
Civilians carry the
brunt of war.
AIMS OF IHL
To minimize the sufferings
by establishing rules to be
observed by all parties to
an armed conflict.
1625 HUGO GROTIUS (HUIG DE GROOT) wrote
the first textbook on international law. The first
publication to set down the rules of war
introduced the d. The first publication to set
down the rules of war introduced the doctrine
of proportionality a keystone doctrine of
proportionality a keystone concept for all
Combatants.
1859 The Battle of Solferino, Northern Italy,
between the France-Italian and Austrian Armies.
The battle resulted in 40,000 casualties.
HISTORY OF ARMED CONFLICT
CONTEDING COUNTRIES - ALLIED FRENCH
ARMY VS SARDINIAN ARMY
YEAR - 24 JUNE 1859
CASUALTIES - AUSTRIAN
3,000/10,807/8,638
FRENCH 2,492/12,512 /2,922
Battle of solferino
1862 Henry Dunant, eye witness to the
battle of Solferino, whose book A Memory
of Solferino, was the inspiration for the
founding of the Red Cross and
International Humanitarian law.

HISTORY OF ARMED CONFLICT
CONTEDING COUNTRIES - UNION VS
CONFEDERATES (AMERICA)
YEAR - 1861-1865
CASUALTIES - DEATHS 1,030,000
(620,00 ARE SOLDIERS)

AMERICAN CIVIL WAR
CONTEDING COUNTRIES - ALLIES VS
CENTRAL POWERS
YEAR - 1914-1918
MOBILIZED FORCE - 70 MILLION
MILITARY PERSONNEL
CASUALTIES - 8 M KILLED, 7 MILLION
DISABLED, 15 MILLION
INJURED & 10 CIV DEAD

WWI/ THE GREAT WAR
CONTEDING COUNTRIES - ALLIES VS AXIL
POWERS
YEAR - 1939-1945
MOBILIZED FORCE - 100 MILLION
MILITARY PERSONNEL
CASUALTIES - 60 M KILLED, 20M MIL,
40M CIV,
17M WERE HOLOCAUST
VICTIMS

WORLD WAR II
1800s-1900s Several broad but well-
established rules covered the protection of
civilian lives and property.
1945 UN was established
1949 Four Geneva Conventions
1949 Four Geneva Conventions
1977 Two protocols additional to the four (4)
1949 Geneva Conventions, which strengthen the
protection of victims of international
(Protocol I) and non-international (Protocol II)
armed conflicts

HISTORY OF ARMED CONFLICT
dilemma
Dilemma of a soldier in accomplishing its
constitutional mandate, which is primarily to
pursue and neutralize the rebels, terrorist
and criminals alike, preventing innocent
civilians from getting in the crossfire.
Source of confusion
It is oftentimes hard to distinguish civilians
from rebels, terrorist and criminals who
disguise themselves as farmers, students,
laborers, or ordinary persons.
Myths &&misconceptions
1. CHR was created to run after the military.
2. The CHR and HR Advocacy Groups are
viewed as homogeneous.
3. CHR is anti-military and pro-communist.
4. Rebels are always the victims.
The hr activist
History tells us that HR advocates are
usually unfriendly to the military. This is
because the military has been stereotyped
as the arrogant, abusive organization that
uses power to assault those who oppose the
status quo in favor of change.
The hr activist
Despite this situation, soldiers must not see
them as enemies of the State but as co-
defenders of HR, of democracy and
freedom.
Soldier and prejudices against him
Soldiers are on-call 24 hours a day, to help
build the nation in times of peace, prevent
the widespread of confusion and destruction
in times of crisis, and to manage violence in
times of war. In the battlefield, the soldiers
aim is to win the battle by surviving the fight.
Soldier and prejudices against him
Political and civil violations continue to occur
but not as prominent as before.... PAHRA
Martial Law Era is considered the culprit of
all the misconceptions and myths against
the AFP

Soldier and prejudices against him
Contrary to all the accusations and
misconceptions, the soldier is dedicated
servant of the country, who risks his life, his
family and his valuable opportunities just to
ensure that the welfare of others is
preserved and protected..
Human rights of an accused or suspect
Prior to Investigation
Right to life, liberty, or property, due process of law and
equal protection of laws.
Right of the people to be secure in their persons,
houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable.
Right to privacy of communication and correspondence
except upon lawful order.
Human rights of an accused or suspect
Prior to Investigation
Right to liberty of abode and of changing the
same within the limit prescribed by law and the
right to travel except in the interest of national
security, public safety, or public health.
Human rights of an accused or suspect
Under to Investigation
The right to be informed of his right to remain silent and
to have a competent and independent counsel
preferably of his own choice.
Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
person by reason of poverty.
Right against torture, use of force, violence, threat,
intimidation, or any other means, detention on secret
places, and solitary confinement.
Human rights of an accused or suspect
Under to Investigation
The law shall provide for penal and civil
sanctions for violation of Sec 12 as well as
compensation to and rehabilitation of victims of
torture or similar practices.
All persons, except those charge with offenses
punishable by reclusion perpetua when
evidence of guilt is strong, shall, before
conviction, be bailable by sureties
Human rights of an accused or suspect
At The Trial
Not to be held to answer a criminal offense
without due process of law.
To be presumed innocent until the contrary is
proved beyond reasonable doubt.
To be informed of the nature and cause of the
accusation against him.
Human rights of an accused or suspect
At The Trial
To be present and defend in person and by counsel at
every stage of the proceedings, from the arraignment to
the promulgation of the judgment.
To testify as a witness in his own behalf but subject to
cross-examination on matters covered by direct
examination.
To be exempted from being compelled to be a witness
against himself.
Human rights of an accused or suspect
At The Trial
To confront and cross-examine the witness
against him at the trial.
To have compulsory process issued to secure
the attendance of witnesses and production of
other evidence in his behalf.
To have a speedy, impartial and public trial.
Human rights of an accused or suspect
At The Trial
To have the right to appeal in all cases allowed and in
manner prescribed by law.
No person shall be detained solely by reason of his
political beliefs and aspirations.
No involuntary servitude in any form shall exist except
as a punishment for a crime whereof the party shall
have been duly convinced.
Human rights of an accused or suspect
At The Trial
No person shall be twice put in jeopardy
of punishment for the same offense.
Powers of the commission of Human rights
Establish a continuing program of research, or
education an information to enhance respect for
the primacy of human rights.
Recommend to Congress effective measures to
promote human rights.
Monitor the Philippine Governments
compliance with international treaty obligations
on human rights.
Hr violations under CHR JURISDICTION
Rights of prisoners or detainees against physical,
psychological and degrading punishments.
Constitutional guarantees provided against the use of
torture, force, violence, threat, intimidation.
Right to life without due process of law, where its
commission is tantamount to summary execution
(salvaging).
Hr violations under CHR JURISDICTION
Liberty of abode of exchanging the same within
limits prescribed by law.
Right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches.
Rights of persons arrested, detained or under
custodial investigation.
Hr violations under CHR JURISDICTION
Right of the people to peaceably assemble and
petition against the government for redress of
grievances.
Free exercise and enjoyment of religious
profession and worship, without discrimination
of religion.
The armed forces and the ihl
As an instrument of national policy, the AFP
is expected to adhere to the state principles
and policies the value the dignity of every
person, with full respect for HR and IHL.
The IHL is a set of rules, which seeks for
humanitarian reasons, to limit the effects of
armed conflict. IHL protects persons who are
not or are no longer participating in
hostilities and restricts the means and
methods of warfare. The IHL is commonly
known as the Law of War.
The armed forces and the ihl
Application of ihl
International Armed Conflict are those in
which at least two states are involved.
Non-International Armed Conflict are
those restricted to be territory of a single
state, involving either regular armed forces
fighting groups of armed dissidents.
Respect for ihl
It makes sense from the perspective of
the AFP to respect IHL which strikes a
balance between military necessity and
humanity.
Fundamental principles of ihl
LIMITATION
DISTINCTION
PROPORTIONALITY
MILITARY NECESSITY
HUMANE TREATMENT
AND NON-DISCRIMINATION
WAR CRIMES
International Armed Conflict
Willful killing
Torture or inhuman treatment, including
biological experiments.
Willfully causing great suffering, or serious
injury to body or health.
Extensive destruction and appropriation of
property not justified by military necessity and
carried our unlawfully.

WAR CRIMES
International Armed Conflict
Taking of hostages.
Compelling a prisoner of war or other protected person
to serve in the forces of a hostile power.
WAR CRIMES
Non-International Armed Conflict
Violence to life and person, in particular, willful killings,
mutilation, cruel treatment and torture.
Committing outrages upon person dignity, in particular,
humiliating and degrading treatment;
The passing of sentences and the carrying out of
executions without previous judgment.
Recipe for Disaster - A closer look at cigarettes
Want to know why people smoke cigarettes? You won't be any closer to
understanding why when you see what's in them

ARSENIC (used in rat poison)
ACETIC ACID (found in vinegar, hair dye, and developers)
ACETONE (ingredient in paint and fingernail polish remover)
AMMONIA (used in household cleaners)
BENZENE (found in rubber cement)
BUTANE (major ingredient in cigarette lighter fluid)
CADMIUM (found in batteries and artist' oil paints)

Recipe for Disaster - A closer look at cigarettes
Want to know why people smoke cigarettes? You won't be any closer to
understanding why when you see what's in them

ORMALDEHYDE (used to embalm dead bodies)
HEXAMINE (major ingredient in barbeque lighter fluid)
NAPTHALENES (used in explosives, moth balls and paint pigment)
NITROBENZENE (gasoline additive)
PHENOL (used in disinfectants and plastics)
STEARIC ACID (found in candle wax)
STYRENE (found in insulation materials like Styrofoam)
VINYL CHLORIDE (found in garbage bags).

You can see with all these chemicals, the best thing to do is never start. Because if
you never start, you never have to quit.
Recipe for Disaster - A closer look at cigarettes
Want to know why people smoke cigarettes? You won't be any closer to
understanding why when you see what's in them

Luckily, if you quit smoking, some of the short-term effects like
coughing and lung capacity will improve. The decision to quit smoking
is not only one of the hardest, but one of the most important
decisions you will make.


Firsthand Facts about Secondhand Smoke

What is Secondhand smoke?
Also known as environmental smoke, secondhand smoke is a combination of the
smoke from the burning of tobacco products and the smoke exhaled by the
smokers who are using those products - a deadly combination that has been
classified as a Group A carcinogen by the Environmental Protection Agency.
What's the secondhand effect for non-smokers?
3,000 lung cancer deaths and 35,000 to 62,000 heart disease deaths in the United
States every year. Because of this, we are promoting smoke-free public spaces.
Giving you more clean air to breathe, and hopefully encourage tobacco users to
kick the habit.


Responsibility and liability
A person shall be criminally liable as
principal for war crimes if he/she
commits the crime; orders, solicits or
induces the commission of such crime
(consummated or attempted) by a group
of person acting with a common goal.
In armed conflict the means of combat shall be
chosen and used so as to avoid or minimized
civilian casualty.
Starvation as a method of warfare against
civilian is prohibited.
It is prohibited to conduct acts and threats of
violence purposely to spread terror among the
civilian populace.
Ihl and the conduct of operations
It is prohibited to take any prisoners or that
there will be no survivors (complete
extermination).
All forms of violence that are not required for
the empowering of or defeating the enemy is
prohibited.
A distinction shall be made between
combatants and civilian persons, and military
objectives and civilian objects, at all times.
Ihl and the conduct of operations
Constant care shall be taken to spare the civilian
population, civilian persons and civilian objects to avoid
and in any event to minimize civilian casualties and
damages.
The rule of proportionality shall be respected. It cannot
be used to justify unlimited destruction or attacks on
civilian persons and objects.
Ihl and the conduct of operations
Military objectives
The ARMED FORCES except medical service and
religious personnel and objects;
The establishment, building and positions where armed
forces or their materials are located.
A military object remains a military objective even if
civilian persons are in it. The civilian persons within
such an objective or its immediate surroundings share
the danger to which it is exposed.
Military objectives
Civilian objects
Not a military object such objects may
be become a military objective if used for
military.
Avoid danger to a large number of civilian
persons; through attack against works and
installations containing dangerous forces
and or objects situated in a demilitarized
zones.


Civilian objects
Wounded
Sick
Shipwrecked
Prisoners of war
Civilians
Persons not taking part in fighting
Civil defense organizations & mediators

Protected persons
Belligerent parties are to shall abstain from
using weapons which are likely to cause
unnecessary suffering:
Expanding bullets
Poison
Gases and bacteriological weapons.
Weapons whos fragments when penetrate the
human body cannot be detected by x-ray
Prohibited weapons
Any question?!!!