INTRODUCTION

The United Nations Charter, a treaty, was created in order to define what roles, powers, and duties
the United Nations is allowed to practice in dealing with international relations, Article 1 of the
UN Charter states that the UN aims.

“To achieve international co-operation in solving international problems of an economic, social,

cultural, or humanitarian character, and in promoting and encouraging respect for human rights
and for fundamental freedoms for to race, sex, language, or religion. All without distinctions
as to race, sex, language, or religion.

According to the Charter, the jurisdiction of the United Nations is to provide cooperation among
the nations, and not act as an international government. The UN Charter paved the way for the
drafting of the UDHR The UDHR aims to promote “universal respect for, and the observance of
human rights”.

Thus, the UDHR is merely a declaration for each signatory to adopt its own political system. The
significance of the UDHR. As stated in its Preamble is:
“Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this
pledge.”

As a signatory to the UDHR, the Philippines then declares and understanding and adherence of
these fundamental and inalienable rights to its population. The Philippine has adhered to the
UDHR through the Bill of Rights, and continued to create laws and policies that cater to a specific
sector, like the Labor Code and the indigenous People’s Rights.

The concept may be problematic in the Philippines but human rights are a vital component of most
modern democracies.

CONCISE HISTORY OF HUMAN RIGHTS

Petition of Right (1628) the English Parliament sent this statement of civil liberties to King
Charles 1. (Initiated by Sir Edward Coke)

United States Declaration of Independence (1776) Thomas. Jefferson penned the American
Declaration of independence.

Constitution of the United States of America (1787) and Bill of Rights (1791) Bill of Rights of
the US Constitution protects basic freedoms of United States Citizens
Declaration of the Rights of Man and of the Citizen (1789) the people of France brought about
the absolute monarchy and set the stage for the establishment of the first French Republic. Just six
weeks after the storming of the Bastille, and barely three weeks after the he abolition of feudalism,
the Declaration of the Rights of Man and of the Citizen wen adopted by the National Constituent
Assembly as the first step toward writing a constitution for the Republic of France.

The Commission on Human Rights is an independent office created by the Constitution of the
Philippines, with the primary function of investigating all forms of human rights violations
involving civil and political rights in the Philippines.
The Commission oniginated from the Presidential Committee on Human Rights established in
1986 by President Corazon Aquino, which was chaired by former Senator Jose Diokno and former
Supreme Court Associate Justic Justice J.B.L Reyes A separate Commission on Human Rights was
established upon the promulgation of the 1987 Constitution.

Human rights allow a person to live with dignity and in peace away from the abuses that can be
inflicted by abusive institutions or individuals. But the fact remains that there are rampant human
rights violations around the world. To further promote the importance of human rights in the
Philippines, December 4-10 of each year is marked as National Human Rights Consciousness
Week via Republic Act No. 9201.

The Commission on Human Rights is an independent office created by the Constitution of the
Philippines, with the primary function of investigating all forms of human rights violations
involving civil and political rights in the Philippines.

The Commission oniginated from the Presidential Committee on Human Righta established in
1986 by President Corazon Aquino, which was chaired by former Senator Jose Diokno and former
Supreme Court Associate Justice J.B.L Reyes A separate Commission on Human Rights was
established upon the promulgation of the 1987 Constitution.

CONCISE HISTORY OF HUMAN RIGHTS

Cyrus the great - the first king of Persia, freed the slaves of Babylon. His armies conquered the
city of Babylon. But it was his next actions that marked a major advance for Man. He freed the
slaves, declared that all people had the right to choose their own religion, and established racial
equality. These and other decrees were recorded on a baked-clay cylinder in the Akkadian language
with cuneiform script.

Cyrus Cylinder this ancient record has been recognized as the world’s first charter of human
rights. It is translated into all six official languages of the United Nations and its provisions parallel
the first four Articles of the Universal Declaration of Human Rights.

Functions of Commission on Human Rights (CHR)

Under Section 18, Article XIII of the Philippine Constitution, the commission is empowered to
investigate all forms of human rights violations involving civil and political rights, adopt rules of
procedure and issue contempt citations, provide appropriate legal measures for the protection of
human rights of all persons. Within the Philippines, and several other powers in relation to the
protection of human rights.

The Supreme Court of the Philippines, in Carliio v. Commission on Human Rights, 204-
SCRA483(1991), declared that the commission did not possess the power adjudication, and
emphasized that its functions were primarily investigatory. The Commission of Human Rights
established by the 1987 Constitution was envisioned to be, first and foremost, and independent
body capable of ensuring that the human rights as an inherent part of the right to life guaranteed
by the Bill of Rights is pratected, pursuant to treaty obligations in a manner befitting the memory
of those who had fallen in their quest to restore democracy to the country.

Human rights allow a person to live with dignity and in peace away from the abuses that can be
inflicted by abusive institutions or individuals. But the fact remains that there are rampant human
rights violations around the world. To further promote the importance of human rights in the
Philippines, December 4-10 of each year is marked as National Human Rights Consciousness
Week via Republic Act No. 9201.

The Commission on Human Rights is an independent office created by the Constitution of the
Philippines, with the primary function of investigating all forms of human rights violations
involving civil and political rights in the Philippines.

The Commission oniginated from the Presidential Committee on Human Rights established in
1986 by President Corazon Aquino, which was chaired by former Senator Jose Diokno and former
Supreme Court Associate Justic Justice J.B.L Reyes A separate Commission on Human Rights was
established upon the promulgation of the 1987 Constitution.

Human rights allow a person to live with dignity and in peace away from the abuses that can be
inflicted by abusive institutions or individuals. But the fact remains that there are rampant human
rights violations around the world. To further promote the importance of human rights in the
Philippines, December 4-10 of each year is marked as National Human Rights Consciousness
Week via Republic Act No. 9201.

The Commission on Human Rights is an independent office created by the Constitution of the
Philippines, with the primary function of investigating all forms of human rights violations
involving civil and political rights in the Philippines.

The Commission oniginated from the Presidential Committee on Human Rights established in
1986 by President Corazon Aquino, which was chaired by former Senator Jose Diokno and former
Supreme Court Associate Justic Justice J.B.L Reyes A separate Cor Commission on Human Rights
was established upon the promulgation of the 1987 Constitution.
CONCISE HISTORY OF HUMAN RIGHTS

Spread of Human Rights - from Babylon, the idea of human rights spread quickly to India,
Greece and eventually Rome. There the concept of natural law arose, in observation of the fact
that people tended to follow certain unwritten laws in the course of life, and Roman law was based
on rational ideas derived from the nature of things.

The Magna Carta (1215) - “The Great Charter, was arguably the most significant early influence
on the extensive historical process that led the rule of constitutional law today in the English-
Speaking world. It is signed by the King of England in 1215, was a tuming point in human rights.
IMPORTANCE OF HUMAN RIGHTS TO LAW ENFORCEMENT

Policing is at the heart of a broad spectrum of human rights discourses. This has been apparent for
many of those working on civil and political rights who have generally targeted police as human
rights violators. However, policing also has a direct relevance to economic, social and cultural
rights. Police can and should play an important role in ensuring a safe environment in which
individuals can seek to realize their full range of rights-be they social and economic or civil and
political.

PNP VISION - Imploring the aid of the Almighty, by year 2030, we shall be a highly capable,
effective and credible police service working in partnership with a responsible community towards
the attainment of a safer place to live work and do business.

PNP MISSION - To enforce the law, to prevent and control crimes, to maintain peace and order,
and to ensure public safety and internal security with the active support of the community.

PNP CORE VALUES - Service, Honor and Justice.

PNP MOTTO - We serve and protect

TEN (10) INTERNATIONAL HUMAN RIGHTS STANDARDS FOR LAW

ENFORCEMENT
Basic Standard 1 - Everyone is entitled to equal protection of the law, without discrimination on
any grounds, and especially against violence or threat.

Be especially vigilant to protect potentially vulnerable group such as children, the elderly, women,
refugees, displaced person and members of minority groups.

Basic Standard 2 - Treat all victims of crime with compassion and respect, and particular protect
their safety and privacy.

Basic Standard 3 - Do not use force except when strictly necessary and to the minimum extent
required under the circumstances.
Basic Standard 4 - Avoid using force when policing unlawful but non-violent assemblies. When
dispersing violent assemblies, use force only to the minimum extent necessary.

Basic Standard 5 - Lethal force should not be used except when strictly unavoidable in order to
protect your life or the lives of others. Maybe use only in the following situation:

Self-defense, Defense of a stranger or a family and in the performance of a lawful duty.

Basic Standard 6 - Arrest no person unless there are legal grounds to do so, and the arrest is
carried out in accordance with lawful arrest procedures.

Basic Standard 7 - Ensure all detainees have access promptly after arrest to their family and legal
representative and to any necessary medical assistance. Compliance with RA 9745 or the Anti-
torture act and Right of a person under custodial investigation should be properly observed (RA
7438).

BASIC STANDARD 8 - All detainees must be treated humanly. Do not inflict, instigate or tolerate
any act of torture or ill-treatment, in any circumstances and refuse to obey any order to do so.

Basic Standard 9 - Do not carry out order or cover up extrajudicial killings or enforced
disappearances, and refuse to obey any order to do so.

An extrajudicial killing is an unlawful and deliberate killing carried out by, or on the order of,
someone at some level of government whether national, state or local, or with their acquiescence.

Basic Standard 10 - Report all breaches of these Basic Standards to your senior office and to the
office of the public prosecutor. Do everything within your power to ensure steps are taken to
investigate these breaches.

All violations of human rights by the police or other law enforcement personnel, including any
breaches of these Basic Standards should be investigated fully, promptly and independently.

ROOT CAUSES OF HUMAN RIGHTS VIOLATIONS:

1. Arrest conviction of criminals

2. Crime Solution
3. Justice for victims
4. Law enforcement
5. Unprofessional Behavior
6. Incompetency

HAPPENS WHEN WE DON’T BRIDGE THE GAP:

 1. Crimes are not solved
2. Justice delayed and justice denied
3. Facing criminal and administrative charges; end of police career
4. Loss of trust and confidence in the police force

HOW DO WE BRIDGE THE GAP:

1. Professionalism
2. Competency
3. Human Rights Principles and Practices

WHAT IS RIGHTS-BASED POLICING?

RIGHTS-BASED POLICING

-Compliance with international human rights standards in policing.

-Citizens are CLAIM-HOLDERS whose rights must be respects and protected by the police.

-Police Officers are DUTY-HOLDERS with obligations to respect protect and fulfill human rights.

To RESPECT human rights – avoid interfering with the enjoyment people’s rights.

To PROTECT human rights – equal protection to all persons

To FULFILL human rights – implement systems, mechanisms and procedures that enable people
to claim and enjoy their rights.

SUMMARY

1. ALL OF US HAVE HUMAN RIGHTS.

2. OUR POWER & AUTHORITY IS FROM THE PEOPLE.
3. WE MUST USE POWER & AUTHORITY TO SERVE PROTECT PEOPLE.
4. TO SERVE AND PROTECT IS TO RESPECT, PROTEC & FULFILL HUMAN RIGHTS.
5. HUMAN RIGHTS VIOLATIONS ARE OFTEN THE RESULT OF WRONG
PERCEPTION ABOUT HUMAN RIGHTS, UNPROFESSIONAL BEHAVIOR &
COMPETENCY GAPS.
6. TO ACCOMPLISH OUR MISSION WE MUST PRACTICE

RIGHTS-BASED POLICING

• PROFESSIONALISM
• COMPETENCY
 • HUMAN RIGHTS PRINCIPLES & PRACTICES

GROSS HUMAN RIGHTS VIOLATIONS (HRVS)

1. Enforced Disappearances (ED) -The ‘disappeared are people who have been taken into
custody by agents of the State, whose whereabouts are concealed and whose custody is
denied
2. Extra-judicial killings (EJK) -are unlawful and deliberate killings, carried out by order of
a government or with its complicity (accomplice) or acquiescence (acceptance)
3. Torture-extreme/severe pain through physical or psychological means to elicit information,
etc…

Incorrect use (wrong use) of lawful military authority or power

Abuse of military authority or power.

Police/military may commit HRV:

•Unlawful, unnecessary or disproportionate use of force. (authority & obligation)

•Arbitrary Arrest or Detention (contain elements of injustice, irregular, unreasonable &

disproportionate)
•Torture or other cruel, inhuman or degrading treatment or punishment

•Enforced Disappearance

•Summary Execution or Extrajudicial killing

COMMON CAUSES FOR POPULAR DISSATISFACTION: FACTION

•Selective enforcement of the law.

• Rude behavior, abusive language & contempt towards HR.

• Ignorance of the laws of HR, or deliberately disregar

•Them in matters of arrest, interrogation, searching & Detention

•Differential attitudes depending on socio-cultural Status, economic power & political influences
of people Violation of the law and getting away with impunity.

• Lack of accountability in protection of life and property.

•Insensitive towards victims of violent crimes.

•Sometimes behaving rudely with victims

•Think HR as antithesis to effective military Enforcement, blames the law, lawyer, and courts for
their own inefficiency
•Corruption.

•Search as an incident to lawful arrest

•Search of moving vehicles (search based on probably cause) SW is required for the search of a
dwelling house.

•Seizure of evidence in plain view

• Waiver of right

• Armed Conflict (wartime)

• Conduct of “Areal Target Zone” and “Saturation Drives”.

• Checkpoints (requisites) abnormal times Limited to visual Search Vehicle not searched
Passengers not subjected body search.

• Stop and Frisk – Limited protective search

• Prevailing general chaos and disorder because of an going coup.

NOTE ON CHECKPOINTS:

Vehicle is neither searched nor its occupant subjected to body search & inspection of vehicle is
limited to visual search it is a valid search.

VALID WARRANTLESS ARRESTS:

1. Caught in the act

2. Investigation or personal knowledge
3. Escaped detention/sentenced prisoner (Escapee)
4. Waiver of invalid arrest
5. Hot pursuit (continuous & no supervening event)
6. Stop and frisk
The Duty to Investigate:

• Responsibility of military officials to investigate HRVs committed by public officials

• All HRV investigations must be carried out promptly (immediate), thoroughly (complete)
and impartially (unbiased)
• The act of one military officer or personnel is capable of discrediting the AFP organization
as a whole Military officers must be held accountable for their individual acts, including
those that are unlawful and/or arbitrary.
The Philippines ratified the Geneva Conventions of 1949 on October 6, 1952 and signed the
following Additional Protocols on December 12, 1977: Protocol I which applies to the protection
on victim” of international armed conflicts and Protocol Il which deal with the protection of
victims of non international armed conflict On December 11, 1986, the Philippines ratified
Protocol II.

The Philippine gavemment enacted Republic Act 9851, otherwise known as the “Philippine Act
on Crimes Against International Humanitarian Law and Genocide and Other Crimes Against
Humanity,” which mandates both state and non-state armed group to observe international
humanitarian law standards, giving victim of war crimes, genocide, and crimes against humanity
legal remedy The salient provisions of Republic Act 9851 are as follows
1. International law as part of the domestic law. →The Philippines adopts the generally
accepted principles of international law as part of the law of the country, including the
Haque Conventions of 1907, the Geneva Conventions on the protection of victims of war
and international humanitarian law (Section ad, RA 9853)
2. Universal jurisdiction of the crime the low provides that Philippine Regional Trial Courts
(RTC shail have the original and exclusive jurisdiction over persons who commit
intermational crimes punishable under this law whether military or civilian, suspected or
accused of the crime lows defined and penalized under this law. (Section 17, Chapter VI
RA 9851
3. Non-prescription of the offense the crimes defined and penalized under this law, the
prosecution, and the execution of sentences imposed on the account, shall not be subject to
any prescription. (Section 11 Chapter 5. RA 9851)

4.Liability of non-state actors - The law lays down the rules which are applicable to both
State and pon-State actors. Hence, CNN, MILF, MINLF, ASG and other armed threat groups
in the country may also be held individually criminaly luble grave breaches Geneva Co bons
and c Additional Protocol Cand id for other serious violations of IHL, in non-intermational
armed conflicts.

4. War crimes or crimes against IHL - In case of a non-intemational armed conflict, “war
crimes are any of the acts committed again the hostilities, including members of the armed
forces wh down ther wounih, detention placed hors de combat and those plac or any other
cause:

1 . Violence to life and person, in particular, willful killings, mutilation, cruel treatment and
torture

2 . Committing outrages upon personal dignity, and degrading treatment,

3 . The meting out of sentences and the c carrying out of executions court previous os judgment
pronounced by a regularly constituted court.

•Other serious violations of the laws and customs applicable in armed conflict, within the
established framework of international law, are as follows:
a . Intentionally directing attacks against the civilian population or Against individual
civilians not taking direct part in hostilities,

b. Intentionally directing attacks against civilian objects which are Not military objectives,

c . Intentionally directing attacks against buildirigs, materials, medical units and transport,
and personnel using the distinctive emblems of the Geneva Conventions or Additional
Protocol Ill in conformity with international law,

d . Launching an attack in the knowledge that such attack will cause incidental loss of life
or injury to civilians or damage civilian objects or widespread, long-term and severe
damage to the natural environment which would be excessive in relation to the concrete
and direct military advantage anticipated;

e. Launching an attack against works or installations maintaining dangerous forces in the

knowledge that such attack will cause excessive loss of life, injury to civilians or damage
civilian objects, and death or serious injury to body or health,

f. Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings

which are undefended and which are not military objectives, or making non-defended
localities or demilitarized zones the object of attack,

g. Killing or wounding a person in the knowledge that he/she is hors de combat, including
a combatant who, having lay down his/her arms or no longer having means of defense has
surrendered at his/her discretion

h. 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, as well as of the distinctive emblems of the meva
Conventions or other protective signs under international humanitarian law, resulting in
death, serious personal injury or capture,
i . Intentionally directing attacks against buildings dedicate to religion, education, art,
science or charitable purposes, historic manuments, hospitals and places where the sick
and wounded are collected,

j . Subjecting persons who are in the power of an adverse part to physical mutilation or to
medical or scientific experiment of Human Rights-Based Intelligence Operations 11 any
kind, or to removal of tissue or organs for transplantation which are neither justified by the
medical, dental or hospital treatment of the person concerned nor carried out in his/her
interest, and which cause death to or seriously endanger the health of such person or
persons,

k . Killing, wounding or capturing an adversary by resort to perfidy,

l . Declaring that no quarters will be given,

 m. Pillaging a town or place, even when taken by assault;

n. Ordering the displacement of the civilian population for reasons related to the conflict,
unless the security of the civilians involved or imperative military reasons so demand,

o . Committin’ outrages upon personal dignity, in particular, humiliating and degrading

treatments.

p.Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced

serialization, or any other form of sexual violence,

q . Utilizing the presence of a civilian or other protected person to render certain points,
aneas or military forces immune from military operations, and,
R. Committing any of the following acts

(1)Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the
national armed forces,

(a)Conscripting, enlisting or recruiting children under the age of eighteen (18) years into
an armed force or group other than the national armed forces, and,

(b)Using children under the age of eighteen (18) years to participate actively in hostilities

5. GENOCIDE

“Genocide” means any of the following acts with intent to destroy, in whole or in part, a
national, ethnic, racial, religious, social or any other similar stable and permanent group such
as

1.Killing members of the group,

2.Causing serious bodily or mental harm to members of the group

3.Deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part,
4. Imposing measures intended to prevent births within theGroup, and,

5.Forcibly transferring children of the group to another group

7. Other Crimes Against Humanity

1. Willful killing,

2.Extermination,

3.Enslavement,

4.Arbitrary deportation or forcible transfer of population;

 5. Imprisonment or other severe deprivation of physical liberty in Violation of
fundamental rules of international lavy,

6.Torture

7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any
other form of sexual violence of comparable gravity,

8.Persecution against any identifiable group or collectivity of political, racial, national, ethnic,
cultural, religious, gender, sexual orientation or other grounds that are universally recognized
as impermissible under international law, connection with any act referred to in this paragraph
or any crime defined in this Act,

9. Enforced or involuntary disappearance of persons,

10. Apartheid, and, Other inhumane acts of a similar character intentionally causing great
suffering, or serious injury to body or to mental or physical health.

HISTORY

Chapter IV: International Humanitarian Law

HENRY DUNANT

Swiss Banker, Henry Dunant at the Battle of Selferino International Support, Ravages of War,
Dehumanizing ennditions of war

The aims are: Tie protect pene engaged e no longer, dinctly in hostilities-the wounded,
shipwrecked, primen And civilians.

To limit the effects of violence in fighting to the attainment The objectives of the conflict.

HENRY DUNANT

Essential Rules:
The parties to a coufflict at at all times distinguish betwers the civilian population and cumbunts
in order to spur the civilian population and civilian property.

It is forbidden in kill or wound an advenary who surender bo can no longer take part in the fighting.

TREATIES

The following are the main treaties in chronological order of adoption:

1864- Сепета Convention for the ameliontim of the condition of the wounded in similes in the
field

1868 Declanation of St. Petersburg (puhuditing the use of certain projectiles in wartime)
1899. The Hague Conventions respecting the laws and customs of war on land and the adaption to
marinane warfare of the Principles of the 1864 Geneva Comeration

1906 - Review and development of the 1964 Geneva Convention

1907-Review of the Hague Consentims of 1899 and adaption of new Comention

1925 - Geneva Protocol for the prohibitions of the use in war of sphyxisting poisonous of other
gates and of Bacteriological methash of wat

1929 - Two Geneva Conventionis

-Review and development of the 1906 Geness Convention.

-Geneva Canwatim relating us the treatmens of prisoners of war

1949 - Foar Genesa Conventions Amerfionation of the condition of wounded, sick, and
shipwredied menden, of armed kamesse

III. Teambent of prisumers of war

IV. Pintection of civilian penots in time of war (new)

1964-The Hapie Convention for the protection of cultural property in the event of armed couffict

1972- Comention on the gembibition of the development, production and stockpiling of

hactenological (biological) and weapons and in their destruction

1977- Twa Protocols additional to the fost 1949 Geneva Convention, which soengbes the
protection of victims of Imernational (protocol 1) and international (protsu amed confi

1980 - Convention on prohibitions or estictions on the use of certain conventional weapon which
may be deemed be exencised injuries or to have indiscrimination effect (CCW), which indades
1995-comention on the prohibition of the development, production, cockpiling and use of chemical
weapons ad on their destruction
1996- Revised protocol on protation or sestriction on the use of mines, booby tapo, and other
devices mucolt bessed the 1980 convention.

1997- Сви the peedheim of the stockpiling production and tranfer.

1998 – room statue of the international criminal court.

1999- Coevention on cual property.

2000- Clytional Picot sa the conention on the rights of the child on the insiemcor off children in
armed fict.
MAIN CURRENTS

• The “law of Geneva”, praemed by the international conventions and potocol established
under the argis of the anernational committee of the red cons (ICRC) with the protection
of the victims of conflict as their centul concern.
• The "law of the Hague", based on the result of the prace conferences in the capital of the
Netherlands in 1999 and 1907, which dealt principally with the permissible means and
methods of wat
• The efforts of the united nations to ensure that human rights are respected in armed conflict
and to limit the use of weapons.

OTHER ISSUES

• Prace kreping and peace-calorvement operatines

• Temoriam
• Prosecution of criminals
• War crime
• Applications of humanitarian law
• New conflicts
• Assistance to victim of armed conflicts
• Restoration of mily links
• New developments in humantanan
• Protection for sogres and internally doplaced penons

USE OF EMBLEM

• Commission on Human Rights

✓Constitutional amation

✓Independent office

CHR Powers

✓Investigating political rights

✓Compulsory processes

✓Provide legal measures

✓Legal aid

✓Jel and detention center monitoring

✓Research programs

✓Government compliance monanting

THE INTERNATIONAL HUMANITARIAN LAW

What Is International Humanitarian Law (IHL?

-the international law of armed conflict (LOAC)

Objectives:
1.As to protection of its victim-(Geneva Law” or “Red Cross Law”)
2. to limitation of its methods and means (“Hague Law”).

Distinction

Human rights law

-Establishes universal rights that every individual should enjoy at all times, in both peace and war.

Humanitarian law

-The law of armed conflict or the law of war: a body of rules which in wartime protect persons
who are not or no longer participating in the hostilities and which limit methods and means of
warfare-to make war the least inhumane possible.

Universal Instruments

-Universal Declaration of human rights, adopted by the General assembly in 1948

-Convention on the Prevention and Punishment of the crime of genocide of 1948

-International covenant on civil and political rights of 1966 on the international covenant on social
and economic rights of 1966

-The convention on the elimination of all forms of Discrimination against women of 1986

-the convention against torture and other cruel, inhuman, or degrading treatment or punishment of
1984 o the convention on the right of the child of 1986

Key priciples

Underlying all norms in the area of Humanitarian international law in the effort to find a balance
between the conflicting interest of military necessity on the one hand and humanity on the other.
This gives rise to the following key principles.

Neither the conflicting parties nor members of their armed forces have unlimited freedom in the
choice of methods and means with which to wage war. Hence the use of weapons and methods
which inflict excessive injuries and unnecessary suffering forbidden.

To protect the civilian population and civilian object, these must all circumstances be a ear
distinction made between civilians and combatants.

-Neither the civilian population as a whole nor individual civilians may be attacked.

-Attacks must be aimed exclusively at military targets.

Combatants and civilians in the power of an opposing party have the right to to have their lives
and dignity respected.

They must be protected from any violence or respressive measures It is prohibited to kill or injure
an adversary who surrenders or unable to continue fighting.

Institutions

International Committee of the Red Cross (ICRC).

-Red Cross

-Red Crescent

Human Rights Protection

➢ Investigation and Hearing of Complaints

➢ Legal Aid and Counselling
➢ Legal Research
➢ Assistance to Human Rights Victims
➢ Visitorial Services
➢ Child Rights Protection Services
➢ Special Prosecutory System

Human Rights Promotion

Public Information

Education and Research

Investigative Monitoring

What is armed conflict, when does it exist?

▸ a. between states, and between states and nation liberation movements (International armed
conflict)
▸ b. between governmental authorities and organized armed groups (Non-International Armed
Conflict or NIAC)

▸ c. between organized armed groups within a state (NIAC)

What are the main kinds of IHL? What is the significance of this?

[1] treaty law-treaties, conventions, protocols & similar international legal instruments-binding
on States Parties which ratify or accede.

► [2] customary law- generally accepted principles & rule established by sufficient state practice
and legal opinion which are binding on all, particularly on all parties (including non-state armed
groups) to armed conflicts in the case of customary IHL

How does IHL relate to human rights? What are the distinctions?

1. Relations Governed

HR-between state & individual, for protection of the individual from state power and abuse (recent
legal trends to cove protection from non-state armed group abuse)

IHL between parties in armed conflict, and between both/all them and affected civilians or non-
combatants, for the protection and, to some extent, also for the protection combatants from certain
methods and means (weapons) warfare
2. Obligated Parties

HR-the state, recently also non-state actors

IHL both parties, state or non-state armed group

3. Time Applicability

HR at all times, in peace and in war, but some derogation allowed in times of public emergency

IHL-in times of armed conflict, no derogation under any circumstances therein; some limited
application, like promotion measures, in peace .

Is IHL relevant to the Philippines?

►Yes, very relevant because of historical & current involvements of Philippines in major armed
conflicts, both international and non- International, especially since World War II and its aftermath
when Modern IHL started to develop.

How does IHL become part of the Philippine legal system?

1. Customary IHL, and the incorporation clause of the Philippine Constitution which provides
that the Philippines adopts the generally accepted principles of international law as part of
the law of the land.
 2. Treaty IHL, and the treaty clause of the Philippine Constitution which provides that no
treaty or international agreement shall be valid and effective unless (its ratification by the
President has been) concurred in by at least two-thirds of all the Members of the Senate.
3. Implementing legislation and/or administrative action where necessary for
implementation, such as with ratified treaty provisions that are not self-executory, usually
those requiring the Imposition of penal sanctions.

What are the basic rules for the protection of persons deprived of their liberty?
1. They must be provided with Logistics
2. Women must be held in quarters separate 10 men, except where families are accommodate
as family units, and must be under the immediate supervision of women.
3. Children must be held in quarters separate from those adults, except where families are
accommodate as family units.
4. Pliage of their personal belongings is prohibited.

5.Their personal details must be recorded

6. They must be allowed to correspond with their families, subject to reasonable conditions
relating to frequency and the need for censorship by the authorities.

7.They must be allowed to receive. Visitors, especially near relatives, to the degree practicable.

They must be held in premises which are removed from the combat zone and which safeguard
their health and hygiene.

Mary Robinson, former UN High Commissioner for Human Rights.

“We must understand the role of human rights as empowering of individuals and communities.
By protecting these rights, we can help prevent the many conflicts based on poverty,
discrimination and exclusion (social, economic, and political that continue to plaque humanity
and destroy decades of development efforts. The vicious circle of human nghts violations may
lead to conflicts, which in turn, lead to more violationes must be broken.
Legal Remedies in Cases of Enforced Disappearances & Extra-Judicial Killings

-WHIT OF HABEAS CORPUS-

“Habeas Corpus latin phrase which means “you have the body” It is an order to the person in
charge of someone’s detention to deliver the named person so that the court will investigate to the
legality of his/her imprisonment.

Legal Remedies in Cases of Enforced Disappearances & Extra-Judicial Killings

-WEIT OF AMPARO-

AMPARO-Spanish Word “Amparar” which means “protection”

It is a remedy available to any person whose right to life, Eberty, and security has been violated or
is threatened with violation by an unlawful act or omission of a public official/employee, or of a
private individual or entity.

Legal Remedies in Cases of Enforced Disappearances & Extra-Judicial Killings

-WRIT OF HABEAS DATA-

“Habeas Data”

Enables a person to know the purpose in which the data about himself is being collected.

WHAT SPECIAL AGREEMENT ON IHL HAVE THERE BEEN BETWEEN THE

GOVERNMENT AND DEFERENT REBEL GROUPS ?

-1998 comprehensive agreement on respect for human rights and international humanitarian law
(CARHRIHL) between GRP&NDF.

• 2002 Implementing guidelines on the humanitarian rehabilitation and development aspects of the
GRP-MIL tripoli agreement on peace of 2001, particularly its article IV on respect for human rights
and observance of IHL.

WHAT ARE THE FUNDAMENTAL PRINCIPLES OF IHL?

These are not mere abstract concepts but are of valuable practical application to various situations
in the field.

• Distinction

• Proportionality

• Limitations

• De martens clause

WHAT IS THE PRINCIPLE OF DISTINCTION ?

• Most basic principle of IHL which is for parties to the conflict to distinguish between combatants
and civilians, and between military objectives and civilians objects.

WHAT IS THE PRINCIPLE OF PROPORTIONALITY?

• Proper balancing of the conflicting interest between military and humanitarian consideration.

WHAT IHL TREATIES HAVE BEEN RATIFIED BY AND THEREFORE BIND THE
PHILIPPINES?

1949- Geneva conventions I-IV.

1968- Nuclear weapons Non-proliferation treaty.

1968- Convention of non applicability of limitations to war Crimes against humanity.

1972- Biological Weapons convention.

1977- Additional protocols II on protection of victims of non international armed conflicts.

1980- Conventional weapons convention and its protocols I- IV, in it’s 1996amended protocol II
on Mines, Booby traps and others devices.

1969- Convention of the rights of the child and it’s optional protocols on the involvement of
children in armed conflict.

• 1980 conventional weapons convention and its protocols 1- IV, in it’s 1996
1993- chemical weapons convention.

1997- anti personnel mines convention

• 2005- Additional protocols III on the Adoption of an Addition Distinctive emblem.

WHAT NATIONAL IMPLEMENTING LEGISLATION HAS THE PHILIPPINE PASSED?

•Republic Act no. 95 (PNRC).

RA no. 7160, a special child protection act, addresses Article X of CSAC, including children as
pleasurable zones, evacuation, family life, temporary shelter, rights for armed conflict arrests, and
monitoring and reporting.

RA NO. 9651-PHILIPPINES IHL

THE MORE SIGNIFICANT PENDING LEGISLATIVE MEASURES, ARE THE

FOLLOWING:

The “internal Displacement Bill” bringing to the level of national law the 1998 nations guiding
principles on internal displacement.
The "Philippines landmines bills” aim to reconcile the implementation of two major international
treaties on landmines, the 1997 anti personnel mines and booby traps, towards a comprehensive
landmine law.

THE STRONGEST AREA OF ADMINISTRATIVE HAS TO DO WITH:

• Children involved in armed conflicts (CIAC), followed by internal displacement article X of RA

no.7610, which implements the 1989 convention on the rights of the child. Rules and regulations
of children in situations of armed Conflict, issued by DOJ on January

19194.

Interagency Committee on children affected by armed conflict and displacement (SC-CAACE)

under the council for the welfare of children (CWC) as an attached agency of DSWD.
DSWD also the lead agency on internal displacement and internally displaced persons (IDPs), or
refed as, arising from armed conflict. Military/Police Directives for the protection of non
combatants issued in 1988-91, like the office of the president’s MO#393 Directing the AFP & The
PNP to Reaffirm their Adherence.