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PROTECTION OF CIVILIANS IN

INTERNAL ARMED CONFLICT

CSO-MEDIA FORUM ON THE


INTERNAL DISPLACEMENT OF COMMUNITIES AND
PERSONS

ESTOSAN GARDEN HOTEL


COTABATO CITY
29 JUNE2009
INTERNATIONAL HUMANITARIAN LAW

rules contained
 in agreements between States – treaties or conventions –,
 in customary rules,
 in general ly accepted principles
 for humanitarian reasons
 limit the effects of armed conflict
 protect persons who are not or are no longer participating in the hostilities
 restricts the means and methods of warfare.
bulk of these rules are found in the Geneva Conventions
of 1949 and the Additional Protocols of 1977.

WHAT IS INTERNATIONAL HUMANITARIAN LAW? ICRC ADVISORY SERVICE. International


Committee of the Red Cross. July 2004.
http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/humanitarian-law-factsheet/$File/What_is_IHL.pdf
The Geneva Conventions

 21 April to 12 August 1949


 Swiss Federal Council convened in Geneva, Switzerland a Diplomatic Conference
 revising:
Geneva Convention of 27 July 1929 for the Relief of the Wounded and Sick in Armies in the Field,
the 10th Hague Convention of 18 October 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva
Convention of 6 July 1906,
the Geneva Convention of 27 July 1929 relative to the Treatment of Prisoners of War
 to establish a Convention for the Protection of Civilian Persons in Time of War,

 the Geneva Convention for the Amelioration of the Condition of the


Wounded and Sick in Armed Forces in the Field,

 the Geneva Convention for the Amelioration of the Condition of Wounded,


Sick and Shipwrecked Members of Armed Forces at Sea,

 the Geneva Convention relative to the Treatment of Prisoners of War, and

 the Geneva Convention relative to the Protection of Civilian Persons in


Time of War.
FINAL ACT OF THE DIPLOMATIC CONFERENCE OF GENEVA, 12 August 1949.
http://www.icrc.org/ihl.nsf/FULL/360?OpenDocument
ADDITIONAL PROTOCOLS

 Swiss Federal Council


 Diplomatic Conference on the Reaffirmation and Development of
International Humanitarian Law Applicable in Armed Conflicts,
 20 February to 29 March 1974,
 3 February to 18 April 1975,
 21 April to 11 June 1976
 17 March to 10 June 1977)
 to study two draft Additional Protocols to supplement the four
Geneva Conventions of 12 August 1949
 Protocol additional to the Geneva Conventions of 12 August 1949, and relating to
the Protection of Victims of International Armed Conflicts (Protocol I)

 Protocol additional to the Geneva Conventions of 12 August 1949, and relating to


the Protection of Victims of Non-International Armed Conflicts (Protocol II).
ADDITIONAL PROTOCOL II

 applies to all armed conflicts

 not covered by Protocol Additional to the Geneva Conventions of 12 August 1949


relating to the Protection of Victims of International Armed Conflicts (Protocol I)

 which take place in the territory of a High Contracting Party

 between its armed forces and dissident armed forces or other organized armed
groups
 under responsible command,
 exercise such control over a part of its territory as to enable them to carry out sustained and
concerted military operations
 implement this Protocol.

PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12


AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF
NON-INTERNATIONAL ARMED CONFLICTS (Protocol II), 8 June 1977.
http://www.icrc.org/ihl.nsf/FULL/475?OpenDocument
ARTICLE 3 COMMON TO THE
FOUR GENEVA CONVENTIONS

States-Party to the four conventions took it upon themselves that in armed conflicts not of
an international character to ensure that:

(1) Persons taking no active part in the hostilities, including members of armed forces who
have laid down their arms and those placed hors de combat by sickness, wounds, detention,
or any other cause, shall in all circumstances be treated humanely, without any adverse
distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other
similar criteria.

To this end the following acts are and shall remain prohibited at any time and in any place
whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by
civilized peoples.

(2) The wounded and sick shall be collected and cared for.

ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS.


http://www.icrc.org/IHL.nsf/FULL/380?OpenDocument
ADDITIONAL PROTOCOL II

further supplemented and developed the guarantees


provided for in the Article 3 common to the Four
Geneva Conventions of 1979

 persons who do not take a direct part or who have ceased to


take part in hostilities are entitled to respect for their person,
honour and convictions and religious practices and to be
treated humanely

 decreeing that there shall be no survivors is prohibited


ADDITIONAL PROTOCOL II

civilian population and individual civilians


enjoy general protection against the dangers arising
from military operations.

not be the object of attack

not be the object of acts or threats of violence the


primary purpose of which is to spread terror among
the civilian population
ADDITIONAL PROTOCOL II

 Civilians shall not be compelled to leave their own territory for


reasons connected with the conflict
 displacement of civilian population
 for reasons of their security
 imperative military reasons

 Should displacements be necessary, the civilian population must be


provided
 SHELTER
 HYGIENE
 HEALTH
 SAFETY
 NUTRITION.
ADDITIONAL PROTOCOL II

prohibited to attack, destroy, remove or render useless


for the starvation of civilians, objects indispensable to the
survival of the civilian population
 food-stuffs
 agricultural areas for the production of food-stuffs, crops, livestock
 drinking water installations and supplies and irrigation works

Works or installations containing dangerous forces shall


not be made the object of attack if such attack may cause
the release of dangerous forces and consequent severe
losses among the civilian population:
 Dams
 dykes
 nuclear electrical generating stations,
ADDITIONAL PROTOCOL II


An accused in a criminal proceeding shall be entitled to the
following:
 an independent and impartial tribunal;
 be informed without delay of the particulars of the offence alleged against him;
 right and means of defense;
 individual penal responsibility;
 not to be held accountable for any act or omission which did not constitute a criminal offence,
under the law, at the time when it was committed;
 not to suffer a heavier penalty be imposed than that which was applicable at the time when the
criminal offence was committed;
 enjoy the benefit of the reduction of penalty made after the commission of the offence;
 to be presumed innocent until proved guilty according to law;
 to be present during his trial;
 not to be compelled to testify against himself or to confess guilt;
 to be advised on conviction of his judicial; other remedies and of the time-limits within which
they may be exercised;
 not to be pronounced the death penalty on persons who were under the age of eighteen years
at the time of the offence
 pregnant women or mothers of young children not to be handed the death penalty;
ADDITIONAL PROTOCOL II

The wounded, sick and shipwrecked, whether or not


they have taken part in the armed conflict, shall be
respected and protected:
 be sought and collected without delay,
 be protect them against pillage and ill-treatment, and
 ensured adequate care
 treated humanely;
 receive to the fullest extent practicable and with the least possible
delay, the medical care and attention required by their condition;
 no distinction among them founded on any grounds other than
medical ones;

The dead shall be collected, protected from being


despoiled, and decently disposed.
ADDITIONAL PROTOCOL II

medical units and transports


 shall be respected and protected at all times
 shall not be the object of attack
medical personnel
 shall not be held liable for whatsoever for performing medical
 shall not be compelled to perform acts or to carry out work contrary
to, nor be compelled to refrain from acts required by, the rules of
medical ethics or other rules
 professional obligations regarding information which they may
acquire concerning the wounded and sick be respected.
 cannot be penalized in any way for refusing or failing to give
information concerning the wounded and sick who are, or who have
been, under his care.
THE ARMED FORCES OF THE PHILIPPINES

Sovereignty resides in the people and all government


authority emanates from them.

The prime duty of the Government is to serve and


protect the people.

The Armed Forces of the Philippines is the protector


of the people.
On 15 July 1988 AFP Chief of Staff
STL: Protection and Rehabilitation of Innocent Civilians
Affected by AFP Counterinsurgency Operations.

emphasized a shelter or “stay-put” policy preferred over


evacuation as the approach to be taken immediately prior
to or during combat operation.
to anticipate and prepare for involuntary movements of
civilians occur whether planned and not.
While the administration of displaced peoples and
communities are usually done in cooperation with the
civilian authorities, the military must be ready and able
to perform the function solely.
prior to combat operations determine potential
evacuation centers. Medical teams shall also be deployed
and ready to provide emergency medical attention.
On 15 July 1988 AFP Chief of Staff
STL: Protection and Rehabilitation of Innocent Civilians
Affected by AFP Counterinsurgency Operations.

 Immediately after the operation, military civic action shall be conducted


 providing medical aid to the sick and wounded civilians
 distributing food and shelter to displaced persons.
 coordinate with national and local government agencies in undertaking the following:
Rapid Damage Assessment
Restoration of public utilities
Rescue, evacuation and hospitalization of the sick and the wounded
Supply food and essential supplies
Emergency provision of prepared foods
Provision of facilities for food preparation.
Recovery and disposition of the dead.

 Immediately after cessation of the operation, civil relations groups shall


conduct a survey of the residents
 document materials recovered from the target areas,
 behavior of soldiers and compensation for damaged property.
 Settlement of financial relief for loss of life or damage to property is the responsibility of the
command that undertook the operations.
 Displaced persons shall be encouraged to return to their homes as soon as possible.
2 January 1989 AFP Chief of Staff
STL: Human Rights and Improvement
of Discipline in the AFP

human rights is a command responsibility

Commanders liable for countenancing human rights


violation
 inaction or summarily dismissal of complaints,
 intimidating complainants,
 “cover-up” of the incidents,
 failure to report incident.

Inculcate to Troops
 Human Rights
 Rule of Law
 Human Dignity
6 September 1989 AFP Chief of Staff
STL: Safety of Innocent Civilians and Treatment of the
Wounded and the Dead

 key ingredient to success in counter insurgency


 winning of the sympathy, support
 confidence of the people.
 years of painstaking efforts to win the people’s confidence, respect and support
 disrespect for the dead
 insensitive or lack of concern for the safety of innocent by-standers, particularly women and children.
 To win such confidence
 exert maximum effort to avoid innocent civilians getting killed in crossfire
 death of civilians be minimized in course of military and law enforcement operations. In

 insurgent forces may be able to escape rather than risk inflicting casualties on innocent
civilians,

 concerns for the lives of innocent bystanders paramount

 Immediately following the conduct of military operations that results in unavoidable casualties
 caring for the wounded and respect for the dead must be a priority
 wounded must be treated with care.
 dead must be treated with humanely and treated with care and respect
CONSTITUTIONAL GUARA NTEES
 No person shall be deprived of life, liberty, or property without due
process of law

 The right of the people to be secure in their persons, houses, papers,


and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable.

 The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of
the court.

 Private property shall not be taken for public use without just
compensation.

 No person shall be compelled to be a witness against himself.


RULE OF LAW
IN CONFLICT SITUATION

Ignorance of the law excuses no one.

Laws are repealed only by subsequent ones, and


their violation or non-observance shall not be
excused by disuse, or custom or practice to the
contrary.

Rights may be waived, unless the waiver is contrary


to law, public order, public policy, morals, or good
customs
RULE OF LAW
IN CONFLICT SITUATION

 Every person must, in the performance of his duties,


 act with justice,
 give everyone his due,
 observe honesty and good faith.

 Every person who, contrary to law, willfully or negligently causes


damage to another, shall indemnify the latter for the same.

 Any person who wilfully causes loss or injury to another in a manner


that is contrary to morals, good customs or public policy shall
compensate the latter for the damage.

 Any person suffering material or moral loss because a public servant


or employee refuses or neglects, without just cause, to perform his
official duty may file an action for damages and other relief against
he latter, without prejudice to any disciplinary administrative
action that may be taken.
RULE OF LAW
IN CONFLICT SITUATION
Any public officer or employee, or any private individual,
who directly or indirectly obstructs, defeats, violates or
in any manner impedes or impairs any of the following
rights and liberties of another person shall be liable to
the latter for damages:
 Freedom from arbitrary or illegal detention;
 The right against deprivation of property without due process of law;
 The right to be secure in one's person, house, papers, and effects
against unreasonable searches and seizures;
 Freedom from being compelled
to be a witness against one's self
to confess guilt
from being induced by a promise of immunity or reward to make such
confession, except when the person confessing becomes a State
witness;

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