CHR: Dignity of all
VISION: A just and humane Philippine society of
persons equal in opportunity, living a life of
dignity, and forever vigilant against abuses
and oppression.
MISSION: As conscience of government and the people, we seek truth in human
rights issues. As beacon of truth, we make people aware of their
rights, and guide government and society towards actions that respect
the rights of all, particularly those who cannot defend themselves—
the disadvantaged, marginalized, and vulnerable.
International Humanitarian
Law

CHR: Dignity of all

What is International
Humanitarian Law (IHL)?
 Regulates relations between States,
International organizations and other
subjects of international law;
 Branch of Public International Law that
consists of rules that, in times of armed
conflict, seek – for humanitarian reasons –
to protect persons who are no longer
directly participating in the hostilities, and
to restrict means and methods of warfare.
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Direct participation in hostilities?
 attacking enemy
 capturing equipment
 laying mines
 sabotaging
 tactical intelligence
collection on the
battlefield

 care and feeding of

troops
 ammunition/weapons
factory workers

CHR: Dignity of all

GENEVA AND THE HAGUE
IHL has two branches:

The ‘law of Geneva’,  The ‘law of The

which is the body of Hague’, which is the
rules that protects body of rules
victims of armed establishing the rights
conflict, such as military and obligations of
personnel who are hors belligerents in the
de combat and civilians conduct of hostilities,
who are not or are no and which limits means
longer directly and methods of warfare.
participating in
hostilities
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Military necessity and humanity
The Principle of Military Necessity permits
only that degree and kind of force required to
achieve the legitimate purpose of a conflict,
i.e. the complete or partial submission of the
enemy at the earliest possible moment with the
minimum expenditure of life and resources.
The Principle of Humanity forbids for the
infliction of all suffering, injury or destruction
not necessary for achieving the legitimate
purpose of a conflict.
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 “War is in no way a relationship of man with
man but a relationship between States, in which
individuals are enemies only by accident; not as
men, nor even as citizens, but as soldiers…
Since the object of war is to destroy the enemy
State, it is legitimate to kill the latter’s defenders
as long as they are carrying arms; but as soon as
they lay them down and surrender, they cease to
be enemies or agents of the enemy, and again
become mere men, and it is no longer
legitimate to take their lives.”
- jean-Jacques Rousseau, 1762

CHR: Dignity of all

Essential IHL Rules
Neither the civilian population as a whole nor
individual civilians may be attacked.
Parties to a conflict do not have an unrestricted right to
choose methods or means of warfare.
It is forbidden to wound or kill an adversary who is
surrendering or who can no longer take part in the
fighting;
Using methods of warfare that are indiscriminate is
forbidden, as is using those that are likely to cause
superfluous injury or unnecessary suffering.

CHR: Dignity of all

Essential IHL Rules
The wounded and the sick must be searched for,
collected and cared for as soon as circumstances
permit;
Medical personnel and facilities, transports and
equipment must be spared;
The red cross, red crescent or red crystal on a white
background must be respected;
Captured combatants and civilians who find
themselves under the authority of an adverse party are
entitled to respect for their lives, their dignity, their
personal rights and their political, religious and other
convictions.
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JUS AD BELLUM
 Refers to the conditions under which the States
may resort to war or to the use of armed force in
general.

 The members of the United Nations shall abstain,

in their international relations, from resorting to
the threat or use of force. However, they can
uphold their right to individual or collective self-
defence in response to aggression by another
State or group of States.

CHR: Dignity of all

JUS IN BELLO

 Regulates the conduct of parties engaged in

an armed conflict. IHL is synonymous with
jus in bello; it seeks to minimize suffering
in armed conflicts, notably by protecting
and assisting all victims of armed conflict
to the greatest extent possible.

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IHL and the “RESPONSIBILITY
TO PROTECT (R2P)

 The principle stipulates, first that states have

an obligation to protect their citizens from
mass atrocities; second, that the international
community should assist them in doing so;
and third that if the state in question fails to
act appropriately, the responsibility to do so
falls to that larger community of states.

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 WHEN DOES IHL APPLY?
IHL applies only in situations
or armed conflict.

• international armed
conflicts between
countries (IAC)

• non-international
armed conflicts that
take place within one
country (NIAC)
IHL applies to all parties to a conflict regardless of who started it and
regardless of formal declarations on the existence of an armed
conflict.
CHR: Dignity of all
Q
U
A
L
I
F
I
C
A
T
I
O
N

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TYPOLOGY OF
CONFLICTS
Rebels of
STATE A INTERNAL
State A

SUPPORT
SUPPORT

STATE B INTERNATIONAL STATE C

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A
P International Geneva Conventions I - IV
P Armed Additional Protocol I
L Conflicts Customary IHL & Principles of
I
humanity (Martens Clause)
C
A
B Non Common Article 3
L International Additional Protocol II
E Armed Customary IHL (Martens Clause)
Conflicts
L Principles of humanity
A IH
W
Other Common Article 3 of the Geneva Conventions L
situations of International Human Rights Law
violence Domestic Law
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What law applies to internal
disturbances and tensions?
Internal disturbances and tensions (such as
riots and isolated and sporadic acts of
violence) are characterized by acts that disrupt
public order without amounting to armed
conflict; they cannot be regarded as armed
conflicts because the level of violence is not
sufficiently high or because the persons
resorting to violence are not organized as
armed men.
CHR: Dignity of all
 WHOM DOES IHL PROTECT?
IAC
Civilians
• All persons who are not combatants
Hors de combat
• Combatants who are in the power of an
adverse party, when they clearly express
an intention to surrender, or when they
are wounded or sick or can no longer
defend themselves.

NIAC
 IHL does not recognize any specific
categories of person in NIAC because States
do not want to give members of organized
non-State armed groups the status of
‘combatants’ which entails the right to take a
direct part in hostilities

CHR: Dignity of all

 WHO IS BOUND BY IHL?
All parties to an armed conflict – whether States
or organized non-State armed groups – are
bound by treaty and customary rules of IHL.
Rules of customary IHL apply at all times to all
parties, irrespective of their ratification of IHL
treaties.

1. States and their obligations

2. Organized non-State armed groups and their
obligations
3. National liberation movements
CHR: Dignity of all
What is the international legal
framework applicable in armed
conflicts?

International Humanitarian Law;

International Human Rights Law;
and
International Refugee Law

CHR: Dignity of all

 IHL
Only in times of armed conflict
Holds accountable all parties to
the conflict, including states &
non-state actors, as well as
individuals
Protects human dignity & deals
with conduct of hostilities
Use of lethal force permitted by
military necessity
Absolutely non-derogable
IHRL
Both in times of peace & armed
conflict
Holds accountable only states
through their governments
Protects human dignity
Lethal force only if absolutely
necessary (self-defense or defense
of others, for example)
Permits derogation of some
rights during public emergency
CHR: Dignity of all
To date, we have four (4) Geneva
Conventions and two (2) additional
protocols in 1977 and Protocol III in
2005 and many other treaties forming
the legal basis of IHL.

All these legal documents highlight the

fact that…
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Even wars have limits...

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 HOW DOES IHL PROTECT?
• requires parties to distinguish between fighters
and civilians

• prohibits attacks on civilians

• prohibits indiscriminate attacks
and the use of weapons that do
not distinguish
• requires care for wounded and sick and
protects medical personnel

• aims to promote dignity of those affected by

armed conflict

• prohibits or limits the use of weapons that are

particularly cruel
(cause unnecessary suffering)

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Basic Principles of IHL

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. DISTINCTION in armed conflict.
1

a. Combatants and non-combatants

b. Military and Non-military target (military
necessity)
Combatants are: Regular armed forces and armed
opposition groups:
 Uniformed
 Distinctive sign
 Under responsible command
 Carrying arms openly
 Under IHL
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The prohibition against indiscriminate attack is
derived from the principle of distinction.
Indiscriminate attacks are:
Those that are not directed at a specific military
objective (i.e soldier firing in all directions without
aiming at a particular military objective, thus
endangering civilians);
 those that employ a method or means of warfare
that cannot be directed at a specific military
objective (i.e long-range missiles that cannot be
aimed precisely at their targets);
Those that employ a method or means of warfare,
the effects of which cannot be limited (e.g a 10-
tonne bomb used to destroy a single building.)
CHR: Dignity of all
 2. Proportionality
AP I – Art. 51(5). Among others, the following types of
attacks are to be considered as indiscriminate:

(b) an attack which may be expected to cause incidental

loss of civilian life, injury to civilians, damage to
civilian objects, or a combination thereof, which
3
would be excessive in relation to the concrete and
direct military advantage anticipated.

A military objective may be attacked only after

assessment leading to the conclusion that civilian
losses are not expected to outweigh the military
advantage foreseen.

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3

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3. Precaution
The party conducting an attack must do
everything feasible to verify that the targets are
military objectives;

It must choose means and methods of attack

that avoid or atleast minimize incidental harm to
cvilians or their property;

Effective warning must be given of attacks that

may affect the civilian population, unless
circumstances do not permit.
CHR: Dignity of all
How does IHL regulate the
means and methods of
warfare?
1. The right of the
Parties to the conflict
to choose methods
and means of
warfare is not
unlimited.

CHR: Dignity of all

2. It is prohibited to
employ means and
methods of warfare
of a nature to cause
superfluous injury
or unnecessary
suffering

CHR: Dignity of all

MEANS OF WARFARE:
1. Anti-personal mines
2. Cluster munitions
3. Other conventional weapons
4. Chemical and biological weapons
5. Nuclear weapons

CHR: Dignity of all

METHODS OF WARFARE:
1. Denial of quarter
2. Pillage
3. Starvation
4. Perfidy

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 What objects are specially
protected under IHL?
1. Medical units and transports
2. Cultural property
3. The natural environment
4. Works and installations
containing dangerous forces

CHR: Dignity of all

Republic Act 9851
Philippine Act on Crimes against
International Humanitarian Law , Genocide,
and Other Crimes against Humanity

Signed December 11, 2009

Published March 23, 2010
Effective April 7, 2010

CHR: Dignity of all

 Prohibited Acts During Non-
International Armed Conflict

1. Willful killings, mutilation, cruel treatment

and torture;
2. Humiliating and degrading treatment;
3. Taking of hostages; and
4. Passing of sentences and carrying out of
executions without previous judgment
pronounced by a regularly constituted court.

CHR: Dignity of all

 Serious Violations
1. Intentionally directing attacks against the
civilian population;
2. Intentionally directing attacks against
civilian objects;

2. Intentionally directing attacks against

buildings, material, medical units and
transport, and personnel using the
distinctive emblems of the Geneva
Conventions;
CHR: Dignity of all
 Serious Violations
4. Intentionally directing attacks against personnel,
installations, material, units or vehicles involved
in humanitarian assistance or peacekeeping mission;
5. Launching an attack in the knowledge that such
attack will cause incidental loss of life or injury or
damage to civilian objects or widespread, long-
term and severe damage to the natural
environment;
6. Launching an attack against works or installations
containing dangerous forces in the knowledge that
such attack will cause excessive loss of life, injury
or damage to civilian objects.
CHR: Dignity of all
 Serious Violations

7. Attacking or bombarding towns, villages,

dwellings or buildings which are
undefended and which are not military
objectives;

8. Killing or wounding a person in the

knowledge that he/she is hors de combat;

CHR: Dignity of all

 Serious Violations

9. Making improper use of a flag of truce, of

the flag or the military insignia and uniform of
the enemy or of the United Nations, the
distinctive emblems of the Geneva
Conventions or other protective signs under
IHL, resulting in death, serious personal injury
or capture;

CHR: Dignity of all

 Serious Violations

10.Intentionally directing attacks against

buildings dedicated to religion, education,
art, science or charitable purposes, historic
monuments, hospitals and places where the
sick and wounded are collected, provided
they are not military objectives;

11.Subjecting persons who are in the power of

an adverse party to physical mutilation or to
medical or scientific experiments of any
kind; CHR: Dignity of all
 Serious Violations
12.Killing, wounding or capturing an
adversary by resort to perfidy;

13.Declaring that no quarter will be given;

14.Destroying or seizing the enemy’s property

unless demanded by the necessities of war;

15.Pillaging a town or place, even when taken

by assault;
CHR: Dignity of all
 Serious Violations

18.Committing outrages upon personal dignity,

in particular, humiliating and degrading
treatments;

19.Committing rape, sexual slavery, enforced

prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual
violence;

CHR: Dignity of all

 Serious Violations

20. Utilizing civilian or other protected person

to render certain areas immune from military
operations;

21. Intentionally using starvation of civilians

as a method of warfare by depriving them of
objects indispensable to their survival;

CHR: Dignity of all

 Serious Violations

22.In an international armed conflict,

compelling the nationals of the hostile party
to take part in the operations of war
directed against their own country;

23.In an international armed conflict, declaring

abolished, suspended or inadmissible in a
court of law the rights and actions of the
nationals of the hostile party;

CHR: Dignity of all

 Serious Violations
24.Committing any of the following acts:
a. Conscripting, enlisting or recruiting
children under fifteen (15) years old into
the national armed forces;
b. Conscripting, enlisting or recruiting
children under eighteen (18) years old into
an armed force or group other than the
national armed forces; and
c. Using children under eighteen (18) years
old to participate actively in the hostilities;
CHR: Dignity of all
 Serious Violations

25.Employing means of warfare which are

prohibited under international law, such as:

a. Poison or poisoned weapons;

b. Asphyxiating, poisonous or other gases,

liquids, materials or devices;

CHR: Dignity of all

 Serious Violations

c. Bullets which expand or flatten easily in

the human body, bullets with hard
envelopes which do not entirely cover the
core or are pierced with inclusions; and

d. Weapons and methods of warfare which

cause superfluous injury or unnecessary
suffering.

CHR: Dignity of all

•Individual responsibility:

•Regional Trial Courts in the Philippines have

the jurisdiction

•State responsibility for training judges,

prosecutors and investigators

•Reclusion perpetua and 1,000,000 fine are the

maximum penalties
CHR: Dignity of all
 RA 10530
• act defining the use and protection of the Red Cross,
Red Crescent and Red Crystal Emblems, providing
protection for violations thereof Came into effect on
June 2013
Punishes the misuse of the 3 emblems and words in
any official language and dialect
• Ordinary Misuse – does not result to death or serious
bodily harm
• arresto mayor (1 month to 6
months), 50,000 pesos fine
• Misuse results in death or serious bodily harm
• reclusion perpetua (up to 30
years), 500,000-1,000,000 pesos
fine
• IRR expected to be finalized in 2015
CHR: Dignity of all
IHL IN A NUTSHELL
• Basic minimum standards in conflict

• Balance between military necessity and humanitarian

considerations

• Distinction between fighters/civilian population;

military objectives/civilian objects

• Limitation of the means and methods of warfare

• Humanitarian assistance is not an interference in the

conflict
CHR: Dignity of all
 Follow us on:

CHR Caraga Region

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chrcaraga

Hotline # 0917-126-1821 (Globe)

0938-242-0817 (Smart)
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www.chr.gov.ph

CHR: Dignity of all

 SAAC Bldg., Commonwealth Ave.,
UP Complex, Diliman, Quezon City

Public Assistance and Complaints Desk

(0936) 068 0982 (TM) | (0920) 506 1194 (Smart)
(02) 294 8704

/chrgovph
www.chr.gov.ph

VISION: A just and humane Philippine society of
persons equal in opportunity, living a life of
dignity, and forever vigilant against abuses
and oppression.
MISSION: As conscience of government and the people, we seek truth in human
rights issues. As beacon of truth, we make people aware of their
rights, and guide government and society towards actions that respect
the rights of all, particularly those who cannot defend themselves—
the disadvantaged, marginalized, and vulnerable.