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Philippine Law on Humanitarian Crimes

The document summarizes the salient features of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. It establishes individual criminal responsibility for war crimes, genocide, and crimes against humanity committed during both international and non-international armed conflicts by both state and non-state actors. The law prescribes penalties ranging from imprisonment to life imprisonment depending on the gravity and results of the crime. It aims to protect all persons, including civilians, from these crimes.

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139 views7 pages

Philippine Law on Humanitarian Crimes

The document summarizes the salient features of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. It establishes individual criminal responsibility for war crimes, genocide, and crimes against humanity committed during both international and non-international armed conflicts by both state and non-state actors. The law prescribes penalties ranging from imprisonment to life imprisonment depending on the gravity and results of the crime. It aims to protect all persons, including civilians, from these crimes.

Uploaded by

jd1.alphaace
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

2.6.

PHILIPPINE ACT ON CRIMES AGAINST


INTERNATIONAL HUMANITARIAN
LAW, GENOCIDE, AND OTHER
CRIMES AGAINST HUMANITY
(R.A. 9851)

(signed into law on December 11, 2009)


A.

Salient Features
Salient Features of IHL
War Crimes, Genocide, And Other Crimes
Against Humanity in Both International &
Crimes Non-International Armed Conflict
(Insurgency is Included)
Individual Criminal Responsibility by
Principals by participation, inducement,
indispensable cooperation
Offenders: Individual Criminal Responsibility By
State actors and Accomplices by facilitating the
non-state actors commission of the crime
Command Responsibility – superior is
penalized as principal; responsibility not
limited to immediate superior
Salient Features of IHL

Prision Mayor ( 6-10 years imprisonment ) up


Penalties to Reclusion Perpetua (Life Imprisonment)
depending on gravity and result of torture

Non-Prescription of Crimes

Irrelevance of Official Capacity; applies to


all persons whether state or non-state actor
Other Features
Seeks to protect people who are not part of,
or no longer taking part in hostilities or
armed conflict
B.

Other Features on RA 9851


Other Features of RA 9851
1. In case of an international armed conflict: grave breaches
of the GENEVA CONVENTIONS
2. In case of a non-international armed conflict: serious
violations of Common Article
3. Other serious violations of customary international law on
armed conflict
4. 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 as such:
a. Killing; causing serious bodily/mental harm to group members
b. Inflicting conditions to cause physical destruction of the group
c. Preventing births
d. Forcibly transferring children to another group
Other Features of RA 9851
5. Any of the following acts when committed as part of a
widespread or systematic attack directed against any
civilian population, with knowledge of the attack:

a. Extra-Legal Killings
b. Extermination
c. Enslavement
d. Torture
e. Arbitrary deportation; forcible transfer; imprisonment
f. Sexual violence
g. Persecution; apartheid
h. Enforced or involuntary disappearance
i. Other inhumane acts of similar character

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