Shattered Peace in Mindanao: the human cost of conflict in the ...

8 Shattered Peace in Mindanao: The human cost of conflict in the PhilippinesIn several incidences in North Cotabato province, the fighters of the MILF reportedlyattacked civilians in villages in July and August 2008. The MILF had also beenaccused of targeting civilians in Kauswagan and Kolambugan areas in Lanao del Norteprovince on 18 August, killing up to 70 people. Some were hacked to death, usingmachetes. Greater detail of these incidents are provided in section 5 of this report.Attacks which although directed at a military target may cause disproportionate harmto civilians or civilian objects are also prohibited under international humanitarian law.Additional Protocol I’s definition of indiscriminate attacks includes:“…an attack which may be expected to cause incidental loss of civilian life,injury to civilians, damage to civilian objects, or a combination thereof, whichwould be excessive in relation to the concrete and direct military advantageanticipated.” 13While there are no provisions for proportionality explicitly applicable to noninternationalarmed conflicts, this obligation is considered to be inherent in theprinciple of humanity which is applicable to these conflicts. 14Amnesty International is concerned that the Philippine security forces – includingCVOs – may have launched several indiscriminate attacks, where MILF fighters mayhave been the target, but where no steps were taken to ensure that civilians were notdisproportionately harmed.Several civilians were reported to have been killed or severely injured by mortarshelling or aerial bombs launched by the security forces. In this report, AmnestyInternational has mentioned several cases in section 6, including that of RhomidieAbdulkarim, an 11 year-old boy who died from multiple wounds from a reported aerialbomb that exploded close to their house in the village of Butilen, Datu Piang area,Maguindanao province. Another more case also in section 6 of this report, is the 8September aerial bombing in Maguindanao province, which killed six members of afamily who were trying to flee from the violence.3. A brief history of the Mindanao conflictWhereas most people in the Philippines are Christian due to the 300-year colonialrule of Spain in the islands, the majority of the country’s estimated five millionMuslims live in the south, and have maintained a separate identity, calling themselvesMoros. After the Second World War, the Philippine government encouraged the13Additional Protocol I, Article 51(5)(b).14See Jean-Marie Henckaerts and Louise Doswald-Beck, pp.48-49.AI Index: ASA 35/008/2008 Amnesty International October 2008: