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Steps taken to ensure implementation of international humanitarian law in the Philippines

Published online by Cambridge University Press:  19 April 2010

Alberto T. Muyot  and
Vincent Pepito F. Yambao
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Information
International Review of the Red Cross , Volume 81 , Issue 834: 100 ans: Droit de La Haye (1899) 50 ans: Conventions de Genève de 1949/100 years: Law of The Hague (1899) 50 years: Geneva Conventions of 1949 , June 1999 , pp. 303 - 316
Copyright
Copyright © International Committee of the Red Cross 1999

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References

1 Lee, Z. and Gastardo-Conaco, M.C., Peace Zones in the Philippines, 1994.Google Scholar

2 Muyot, A. T. and del Rosario, A. T. B., The humanitarian law on non-international armed conflicts: Common Article j and Protocol II Additional to the 1949 Geneva Conventions, 1994, p. 67.Google Scholar

3 Presidential Memorandum Order No. 393 directing Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) to reaffirm their adherence to the principles of humanitarian law and human rights in the conduct ofsecu-rity/police operations, of 9 September 1991.

4 Letter to the Government of the Republic of the Philippines, 23 December 1986.

5 Signed on 16 March 1998 in The Hague (Netherlands). On file with the authors and the Review.

6 Memorandum on the reaffirmation to the adherence to the principles of humanitarian law and human rights, Order No. 393, 4 November 1991.

7 Letter directive to commanders of major services and area commands, re: Protection of children in armed conflict, 27 September 1991, Office of the Chief of Staff, 1991, pp. 31–32.

8 DND-DILG Joint Circular No. 2–91 (1991). This circular provides for implementing guidelines regarding Order No. 393 which directs all units of AFP and PNP to reaffirm their adherence to the principles of international humanitarian law, Op. cit. (note 6).

9 Armed Forces of the Philippines, Code of Ethics, Art. 3, sec. 2.16.

10 Basic Rules of the New People's Army, Prin ciple IV, point 3, at 6.

11 Republic Act No. 7610 (1992), Art. 10, sec. 22.

12 Ibid.

13 Ibid.

14 Op. cit. (note 8), sec. 1 a(2).

15 Ibid., sec. C, par. 5.

16 Ibid., sec. 3, par. c.

17 Military Directive to commanders of major services and area commands, regarding the protection and rehabilitation of innocent civilians affected by AFP counter-insurgency operations, of 15 July 1988, sec. 3.

18 Ibid., sec. 3, par. d.

19 Ibid., sec. 4, par. a.

20 Ibid., sec. 4, par. b.

21 Ibid., sec. 4, par. c.

22 Ibid., sec. 4, par. d.

23 Op. cit. (note 8), par. 2, sec. c (3).

24 Ibid., sec. c (4).

25 Ibid., par. 2, sec. c (1).

26 Ibid.

27 In a recent case of bombing which caused the death of 11 civilians in Buldon Maguindanao, both the military and the Moro Islamic Liberation Front agreed to let an independent group led by Eliseo Mercado conduct its own investigation. This occurred after the military rejected the Commission on Human Rights’ report, which assigns responsibility to the members of the AFP. Father Mercado is a well-known religious peace negotiator in Cotabato City.

28 Articles of War, Art. 76.

29 AFP Code of Ethics, Art. 5, sec. 4 (4.2.3).

30 Op. cit. (note 17), sec. 4, par. i.

31 Op. cit. (note 8), No. 2–91, sec. a (5).

32 Guidelines on visitation of detainees by private physicians and other health personnel, para. 3 and 4.

33 AFP GHQ Letterpirective to commanders of major services and area commands, re: Facilitating delivery of goods and services to the countryside (1990) See also Executive Order No. 309 (1987): Reorganizing the Peace and Order Council; and Office of the President, Memorandum Circular No. 139 (1991) prescribing the guidelines for the implementation of Memorandum Order No. 398.

34 Ibid.

35 Op. cit. (note 17).

36 Op. cit. (note 8).

37 Articles of War, Art. 79. This article punishes the forcing of safeguard or the unlawful attack on buildings, monuments and other structures being given special protection.

38 DFA, DOJ, DLG, DND, DOH Memorandum of Agreement with PAHRA, FLAG and MAG, of 10 December 1990.

39 Op. cit. (note 17), sec. 4, par. d.

40 Op. cit. (note 8), sec. a (5).

41 AFP-GHQ Letter/Directive to commanders of major services and area commands, re: Facilitating delivery of goods and services to the countryside, of 22 September 1990.

42 Republic Act No. 7610 (1992), Art. 10, sec. 22, subsections (c) and (d). See also Art. 1, sec. 3, subsection (c), par. 1.

43 PHRC Resolution No. 91–001, of 13 December 1988.

44 Op. cit. (note 7).

45 Ibid. See also «AFP Task Force holds med mission», Manila Bulletin, 27 November 1996; and Proc. No. 523 (1995): Proclamation declaring the existence of a state of calamity (man-made) in the Province of Basilan.

46 Op. cit. (note 8)

47 Ibid.

48 AFP Code of Ethics, Art. 5, sec. 2 (4.5).

49 Ibid., Art. 3, sec. 2 (2.16).

50 Military instructions to all major service and area commanders, re: Safety of innocent civilians and treatment of the wounded and the dead, of 6 September 1989.

51 Op. cit. (note 8), sec. a(3).

52 Philippines Constitution, Art. III, sec. 12 and 19.

53 Directive ofi November 1991, sec. 3 (b). Directive re: Memo Order No. 393, of 9 September 1991. See also Memorandum on the strict observance of human rights, MND Memorandum of 20 March 1982, par. 2. — In response to complaints about torture or maltreatment allegedly inflicted on persons arrested or investigated, especially those suspected of committing crimes against national security, this memorandum directs all units of the AFP to turn arrested persons over to higher authorities after an arrest. It also provides that no detainee shall be with the arresting officer for more than eight hours during any given day. Medical check-ups are mandatory.

54 Op. cit. (note 8), sec. b (2).

55 Republic Act No. 7438 (1992), sec. 2(f). An Act defining certain rights of persons arrested, detained or under custodial investigation as well as the duties of the arresting, detaining, and investigating officers and providing penalties for violations thereof.

56 H. Res. No. 27. Tenth Congress (1995).

57 Office of the President, Guidelines for the grant of bail, release or pardon of persons detained or convicted of crimes against national security and public order, and violation of the Articles of War, of 11 August 1992. The same guidelines provide for the application period and the committees to which applications should be submitted.

58 Primer by the Presidential Committee for the grant of bail, release or pardon. Document from the files of the Office of the Presidential Adviser on the Peace Process.

59 Ibid.

60 Audit list of alleged political offenders who are no longer in detention centres as of 10 March 1997. Document from the Office of the Presidential Adviser on the Peace Process.

61 Op. cit. (note 38). See also Office of the President, Memorandum Order No. 257 (1995), par. 1, sec. 2, subsection a and c: Memorandum on continuing the Child Rights Center in the Commission on Human Rights and appropriate funds thereof.

62 Ibid.

63 Republic Act. No. 7610, Art. 10, sec. 22 (f).

64 Ibid., sec. 23.

65 Ibid., sec. 24.

66 Op. cit. (note 17).

67 PHRC Resolution No. 91–001, of 13 December 1988.

68 Op. cit. (note 1), pp. 6–7.