Human Rights-Based Intelligence Operations - Commission on ...

Guidebook
The Philippine government enacted Republic
Act 9851, otherwise known as the “Philippine
Act on Crimes Against International
<strong>Human</strong>itarian Law and Genocide and
Other Crimes Against <strong>Human</strong>ity,” which
mandates both state and non-state armed
groups to observe international humanitarian
law standards, giving victims 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
Hague Conventions of 1907, the Geneva
Conventions on the protection of victims
of war and international humanitarian law.
(Section 2d, RA 9851)
2. Universal jurisdiction of the crime
The law provides that Philippine Regional
Trial Courts (RTC) shall have the original
and exclusive jurisdiction over persons who
commit international crimes punishable
under this law, whether military or civilian,
suspected or accused of the crimes defined and
penalized under this law. (Section 17, Chapter
VIII, RA 9851)
3. Non-prescription of the offense
The crimes defined and penalized under this
law, their prosecution, and the execution of
sentences imposed on their 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 non-State actors.
Hence, CNN, MILF, MNLF, ASG and other
armed threat groups in the country may also
be held individually criminally liable for
grave breaches of the Geneva Conventions
and of Additional Protocol I, and for other
serious violations of IHL in non-international
armed conflicts.
5. War crimes or crimes against IHL
In case of a non-international armed conflict,
“war crimes” are any of the following acts
committed against persons taking no active
part in the hostilities, including members of
the armed forces who have laid down their arms
and those placed hors de combat by sickness,
wounds, detention or any other cause:
a. Violence to life and person, in particular,
willful killings, mutilation, cruel treatment
and torture;
b. Committing outrages upon personal
dignity, in particular, humiliating and
degrading treatment;
c. Taking of hostages; and,
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