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