make sure that they are looking at it instead of googling what have you. But if you google RA 9851 you will see a portion. You don't even have to look at the whole of RA 9851, its just Section 4, Paragraph OPEN FORUM Cristine Mundo 3. And all these things are there already as far as war crimes are concerned. What makes it hard now is the advocacy for it So if we have a common stance as far as the applicability of IHL or RA 9851, on state and non-state actors, that would be the best. b, Chapter National Security Council l'm a common lawyer and I find it difficultthat when we amend a law it will take such a long time. l'm wondering, what parts of RA 9851 are difficult to implemen! especially against non-state actors? ls it because we lack certain mechanisms to implement the law? Could the judges make certain remedies? I believe that you wanted to harmonize RA 9851 with the Rome Statute but we also lack our lHl- the education that we need here. Because we might need mechanisms, we might need judges who can just make the laws by making the first case, the IILS will be very fine with the AFP, with my office in the primary role to receive complaints of violations of RA 9851 to take exact responsibility for the actions of our soldiers. But it would be also fine if we will see all of us doing something about the violations of IHL and 9851 by state and non-state actors. So that the applicability of it will be iruly on state and non-state actors. There are some sectors who project the AFP to be saying that we want this amended. No, the AFP doesn't want this to be amended, because it is IHL in The substance of the crime that is enumerated in the itself and IHL act or RA 9851 does not really deviate significantly the state and non-state actors. from the Rome Statute. More or less they both have the same definitions but there are variations and CARHRIHI- although jurisprudence on lhaL It it exacts responsibility upon soldiers and its a non-binding, non-legal the issue that we really wanted to address was for complementarity to apply. These acts must be found criminal, both under our domestic law and under the Rome Statute. With respect to the difficulty in amending il the substance of the law itself I think will not be difficult to amend. But I think the legwork for amendments might be an issue. With respect to that if the non-state actors come before you to ask for revolutionary tax in the context of armed conflicl that is a violation of CARHRIHI- that is a violation of 9851 implementation, that would be for CeneralTutaan. it is the best documenl is an agreementWe mainstream this to the public by telling them that they are non-combatants, because they are non-combatants. If everybody will shout to the world that it is a violation, then maybe I AFP HRO I think the first step in making a law, on how hard it is to implement the IHL or RA9851, is to open your blue folder. As you can see RA 9851 has 9 chapters, all we have to do is look in chapter 3. Chapter 3 is further divided into 3 aspecti war crimes, genocide and other crimes against humanity. From the context of the Philippine situation, what we would like to Iook at is only Section 4, paragraph b, in a case of non-international conflict which is present before remember during the IHL month, last August the chairperson was interuiewed and she mentioned what CHR has been doing. The chair mentioned 77 cases that they are looking into, in violation of IHL by the CPP-NPA-NDF. Why not join everybody in doing that too. At the same time do not stop accusing us if there are violations, because that is the only way we could stop it So if you are talking about amendments, there are no amendments that we are looking foruard to on RA 9851. us. Atty. Mallari: think it is the very first step, Iooking at the law itself. That is what we are trying to do with our soldiers, I Ceneral Tutaan, you said Section 48 is for noninternational armed conflict The legal experts group, Itaguyod ang IHL: Sibilyan Pangalagaan