IHL

1. The Philippine Act of Crimes Against International
Humanitarian Law, Genocide and Other Crimes Against
Humanity

2.  Signed into law on December 11, 2009
 The first national statute to define the “most serious
crimes of concern to the international community as a
whole” – namely, war crimes, genocide and crimes
against humanity.

3.  Renounces war as an instrument of national policy;
 Values human dignity and guarantees full respect for
human rights;
 Adheres to a policy of peace, equality, justice,
freedom, cooperation and amity with all nations;
 Adopts the generally accepted principles in
international law.

4.  Ends impunity for perpetrators of crimes against IHL;
 Guarantees a fair and prompt trial for those accused of
crimes against IHL;
 Does not affect the legal status of the parties to a
conflict nor does it give an implied recognition of the
“status of belligerency”.

5. 1. Prosecute the international crimes itself;
2. Contribute to an effective international criminal
justice regime;
3. Strengthen its national criminal justice system; and
generally
4. Bring its national law into conformity with
international standards as well as up-to-date with
important developments in international law.

6.  This law is not simply criminal law but also
International Criminal Law, International
Humanitarian Law and International Human Rights
Law.
 RA9851- a Special Law NOT an amendment to the
Revised Penal Code

7.  Defining and penalizing war crimes, genocide, and
other crimes against humanity;
 Applicability to all individual perpetrators, whether
state agents or non-state actors;
 Applying certain international criminal law principles
of irrelevance of official capacity, responsibility of
superiors, unlawful superior orders, and non-
prescription among others;

8.  Instituting a form of universal jurisdiction, albeit
qualified;
 Providing for international standards for protection of
victims and witnesses, as well as reparations to the
former;
 Express applicability of international law, including
specific international treaties;

9.  Providing for the designation of special courts,
prosecutors and investigators, and their effective
training in human rights, IHL and international
criminal law;
 No requirement of Implementing rules and
regulations

10.  These are serious violations of IHL or the laws and
customs applicable in armed conflicts.
 These conflicts include armed hostilities between
government military and police forces, on one hand,
and rebel groups, on the other hand, as well as those
between rebel groups.

11.  1. In case of INTERNATIONAL ARMED CONFLICT
 2. In case of NON-INTERNATIONAL ARMED
CONFLICT
 3. Other serious violations of the laws and customs
applicable in armed conflict

12.  i.e. any of the following acts committed against
persons taking no active part in hostilities:
 1. Violence to life and person, in particular, willful
killings of all kinds, mutilation, cruel treatment and
torture;
 2. Committing outrages upon personal dignity, in
particular humiliating and degrading treatment;

13.  3. Taking of hostages;
 4. The passing of sentences and carrying out executions
without previous judgment pronounced by a regularly
constituted court, affording all judicial guarantees
which are generally recognized as indispensable.

14.  Discrepancy between the cut-off ages for government
and dissident armed forces – 15y.o. vs. 18 y.o.,
respectively.
 Constitutional issue may arise as to the equal protection of
the law for children, whether recruited by the government or
dissident armed forces.

15.  1. Intentionally directing attacks against the civilian
population as such or against individual civilians not
taking direct part in hostilities.
 Intentionally directing attacks against civilian objects,
that is, objects which are not military objectives.
 Launching an attack in the knowledge that such attack
will cause incidental loss of life or injury to civilians or
damage to civilian objects or wide-spread, long term and
severe damage to the natural environment which would
be clearly excessive in relation to the concrete and direct
military advantage anticipated.

16.  Killing, wounding or capturing of adversary by resort
to perfidy (treachery or betrayal of confidence)
 Declaring that no quarter will be given
 Intentionally using civilians as method of warfare by
depriving them of objects indispensable to their
survival, including willfully impeding relief supplies

17.  Poison or poisoned weapons;
 Asphyxiating, poisonous or other gases, and all
analogous liquids, materials or devices;
 Bullets which expand or flatten easily in human body;
 Weapons, projectiles and material and methods of
warfare which are of a nature to cause superfluous injury
or unnecessary suffering or which are inherently
indiscriminate in violation of the international law of
armed conflict.

18.  GENOCIDE
- Committed with intent to destroy, in whole or in part, a
NATIONAL, ETHNIC, RACIAL, RELIGIOUS, SOCIAL OR
ANY SIMILAR STABLE AND PERMANENT GROUPS

19.  OTHER CRIMES AGAINST HUMANITY
– committed as part of a WIDESPREAD or SYSTEMATIC
ATTACK directed against any civilian population, WITH
KNOWLEDGE OF THE ATTACK.

20.  Constitute a specific concept developed in customary
international law, unlike war crimes and genocide that
were largely developed through treaty international
law.
 The legal definition of which is well-established and
generally accepted, would also be a good fall back, in
the absence of a well-established and generally
accepted definition of terrorism.

21.  Crimes against humanity and genocide have no nexus
with armed conflict, unlike war crimes which have
that concept.
 Crimes against humanity and genocide, as with
terrorism, can be committed during peace time, as
well as during war time.
 When committed during war time, these crimes may be
framed and addressed by IHL; and when committed
during peace time, by International Human Rights Law.

22.  Torture:
 The intentional infliction of severe pain or suffering,
whether physical, mental, or psychological, upon a
person in the custody or under the control of the
accused.
 NO QUALIFICATION as to perpetrator and as to purpose.

23.  For war crimes, genocide and other crimes against
humanity, the perpetrators may be held accountable
for these serious international crimes are NOT
LIMITED to state agents and may include non-state
actors.
 Liability is based on individual responsibility of
natural, not juridical persons.

24.  “Official capacity as head of State or government, a
member of a government or parliament, an elected
representative or government official shall in no case
exempt a person from criminal responsibility under this
Act.”
 Immunities or procedural rules that may attach to the
official capacity of a person under Philippine law other
than the established constitutional immunity from suit
of the Philippine President during his/her tenure shall
not bar the court from exercising jurisdiction over such a
person.

25. A superior shall be criminally responsible as principal
for such crimes committed by subordinates under
his/her effective command and control, or effective
authority and control as the case may be, as a result of
his/her failure to properly exercise control over such
subordinates, where:

26.  1. The superior either knew or, owing to the
circumstances at the time, should have known that the
subordinates were committing or about to commit
such crimes; and
 2. The superior failed to take all necessary and
reasonable measures within his/her power to prevent
or repress their commission or to submit the matter to
the competent authorities for investigation and
prosecution.

27.  Section 17 provides a provision on Jurisdiction which
may be characterized as a QUALIFIED UNIVERSAL
JURISDICTION
 Universal Jurisdiction is actually explained in RA No.
9851’s Declaration of Principles and State Policies.

28.  The Regional Trial Courts shall have original and
exclusive jurisdiction over international crimes under
this Act. The Supreme Court shall designate special
courts to try cases involving crimes punishable under
this Act. For these cases, the CHR, the DOJ, the PNP or
other concerned law enforcement agencies shall
designate prosecutors and investigators to investigate as
the case may be.
 Judges, Prosecutors and investigators designated for the
purpose shall receive effective training in human
rights, international humanitarian law and international
criminal law.

29.  Ra 9851 provides the main penalty of imprisonment of
Reclusion Temporal in its medium to maximum
period (14 years, 8 months to 20 years) and a fine
ranging from P100,000 to P500,000.