after studying, said these fall under war crimes.
Under the Rome statute of the war crimes, there
are additional non-international armed conflicts
under paragraph E. We are firm with our decision
to amend it and to follow this definition. And there
are more than 12 acts that will be added as noninternational crimes. Although this might be difficult
to amend, we have to take in consideration again the
complementarity.
lf we don't put this in our domestic law we might
be in a situation where it will be the ICC to hold
sole jurisdiction to prosecute, the trial courts might
develops? The law develops because judges make an
interpretation of the Iaw not really in the applicability
word by word of the laq because we will never have
a growing law through jurisprudence, that was how
sexually related crimes got into the Rome Statute.
Thafs how all these NCOs fought to incorporate
them. According to the Rome Statute Afticle 2l,Ihe
judqes can interpret further. So Article 21 can be a
base for you not amending the crimes in the sense
that we can allow the judges to broaden the scope if
its for a broader protection.
Ana Elzv Ofreneo
situation so despite the difficulties of having this
amended we really have to do it We have to take
note that IHL Act or RA 9851 was enacted prior to
the ratification of the Rome Statute, thus the slight
CHR Director, HR Education
and Research Office
Congratulations to USEC Sandoval for the agreement
that was reached. This to me is an agreement to
agree on precisely the points that you mentioned. ls
inconsistencies.
there any way by which ceftain points for agreement
Tatiana Flores
along lHl along human rights be added? ls there
any way they can be added to that framework
CHR
agreement?
not have the jurisdiction, we might be caught in the
We have prepared
a hand book containing
the
crimes of Republic Act 9851, the crimes of the Rome
For Gen. Tutaan, I am very happy that you mentioned
Statute and the elements of the crimes. The main wall
our conduct of the Second National
was to facilitate the work of the investigators and
Congress on Human Rights Education attended by
lawyers in identiling the violations of individuals in
about 600 persons in Tagaytay last year. But I would
Iike to raise a question, from that point of time,
the International Humanitarian Law. I have always
been proud of the Act and now more than ever, after
doing this very meticulous study and finding out
that there are three crimes that are not in the Rome
Statute but are included in the Republic Acl and the
broader protection, not making a difference between
international and non-international armed conflicts.
I can say that this situation is similar to the one
regarding civil-political rights vis-i-vis economic,
social and cultural rights, that its artiflcial separation
originated from that time, human rights from
ideological historic moments. The same with lHlthere is no diflerence between the suffering of
victims of international armed conflict and of noninternational armed conflict So when I went through
the Acl and I found out that there is no difference,
was very happy. lt is made 0n purpose.
Educators
has the Education and Training office of the AFP
been mobilized to undertake the action plans that
were generated from the Human Rights Educators
Congress? lt is not only Memorandum Order No. 259
of 1995 that makes human rights education
mandatory in our security forces. Even right there
in our constitution in Afticle 14, Sec. 3, it states
that all educational institutions and that includes
Series
military educational institutions, police educational
institutions should include human rights teachings
and foster respect for human rights and duties of
citizens. I guess no further interpretation is needed
and that is executory.
But every president has his or her own version of a
I
directive making human rights education mandatory
but to broaden the scope. What is the way that law
among the pillars of justice. All of these require
mandatory human rights education.Iwas hoping that
I will hear a report on the degree of compliance of
the AFP along these many mandates, not to mention
The main objective was notto make a differentiation
Proceedings of the Second National Summit on lnternational Humanitarian Law in the
Philippines
11 December
2012
E