International Humanitarian

Law and RA 9851

A Crash Course
Gaza, Iraq, Sudan, Syria,
Somalia, Yemen,
Afghanistan, Philippines
People have always used
violence to settle disputes.
And all cultures have always
had the idea that there
have to be limits on that
violence, if we are to
prevent wars from
descending into barbarity.
WHAT IS IHL?
A.K.A. The law of war or the law of armed conflict

A part of International Law

A set of rules which seek to limit the effects of armed

conflict

Regulates relations between States,international

organizations and other subjects of international law

It does not regulate whether a state may actually use

force

But governs only during conflict by setting humanitarian

considerations against military necessity
2 Branches
Law of Geneva
protects victims of armed
conflict, such as military
personnel who are hors
de combat and civilians
who are not or are no
longer directly
participating in hostilities
Law of The Hague
establishes the rightsand
obligations of belligerents
in theconduct of
hostilities, and whichlimits
means and methods of
warfare
What shapes the IHL?
MILITARY NECESSITY
permits only that degree
and kind of forcerequired
to achieve the legitimate
purpose of a conflict
HUMANITY
forbids the infliction of all
suffering, injury
ordestruction not
necessary for achieving
the legitimate purpose of
a conflict.
How is it different from
International Human Rights Law?
IHL
Set of International rules
established by Treaty of
Custom
Applicable only in armed
conflict; regardless of
declaration or recognition
of war
Binds all actors to an armed
conflict, state or non-state
IHRL
Set of International rules
established by Treaty of
Custom
Inherent, belong to every
person as a consequence
of being human
Binds the government in
their relation to individuals
Essential IHL Rules
Distinguish between civilians andcombatants

Attacks may be made solely against military objectives

Using weapons or methods of warfare that are

indiscriminateis forbidden

Do not wound or kill an adversary who is surrendering or

whocan no longer take part in the fighting

The wounded and the sick must be searched

for,collected and cared for as soon as circumstances
permit

Spare the medical personneland medical facilities,

transports and equipment
Essential IHL Rules
Respect the lives, dignity, personal rights and
political and religious convictions of captured
combatants and civilians

They are entitledto exchange news with their

families and receive aid

Their basic judicialguarantees must be

respected in any criminal proceedings against
them
RA 9851
"Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes
Against Humanity
AN ACT DEFINING AND PENALIZING CRIMES
AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST
HUMANITY, ORGANIZING JURISDICTION,
DESIGNATING SPECIAL COURTS, AND FOR
RELATED PURPOSES

Enacted: July 27, 2009

9 chapters, 21 provisions
RA 9851: Why is it enacted?
Renouncement of war as an instrument of
national policy

Value for dignity of every human person and

guarantee of full respect of human rights

Children as Zones of Peace

Adoption of generally accepted principles of

International Law
Hague Conventions of 1987
Geneva Conventions on the protection of victims of
war and international humanitarian law
RA 9851: Crimes against IHL
WAR CRIMES
Willfull killing
Torture or inhuman treatment
Extensive and unjustified destruction of property
Taking of hostages
Compelling prisoners of war to serve

GENOCIDE
acts with intent to destroy, in whole or in part, a national,
ethnic, racial, religious, social or any other similar stable and
permanent group

OTHER CRIMES AGAINST HUMANITY

Willfull killing, extermination, enslavement
Torture, apartheid
RA 9851: Penal sanctions
reclusion temporal in its medium to maximum
period + Fine: P100,000 to P500,000

Reclusion perpetua + Fine: P500,000 to P1,000,000

RA 9851: Other important
provisions
Irrelevance of official capacity

Responsibility of superiors

Non-prescription

Jurisdiction
regardless of citizenship or residence, is present in the
Philippines
committed the said crime against a Filipino citizen
 Civilians and combatants remain
under the protection and authority of
the principles of international law
derived from established custom, from
the principles of humanity and from
the dictates of public conscience
- Fyodor Martens (1899)
 War is in no way a relationship of man with man but a
relationship bet4een 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 dest>oy the enemy State, it is
legitimate to kill the laAer's defenders as long as they are
car>Cing arDs; but as soon as they lay them down and
sur>ender, 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
Sources
https://www.icrc.org/en/document/what-ihl