Group 2
Reporh Monitoring,
lnvestigation and Prosecution
Rapporteur: Jonas Turingan, Libertas
lssues
FifSt
r
issue is the lack of cases filed regarding IHI-
There is one actual case, and the CHR could look into
their data base to find out if there are other cases
that could be flled related to IHL
SeCOnd. There should be speciflc information
regarding the state of children in situations of armed
conflicl which should be gathered because when we
talk about conflicl when we talk about labol there
are always children involved. The concept of the right
of the child should always be paramount in all these
that there might be a need for the designation of
special courts to handle IHL cases and not just to
give it to regional trial courts.
discussions.
Third. There is a suggestion that there must
be
a change in the mindset of the DOJ regarding the
prosecution of IHL cases. lt appears that some are
not aware of lHl- and because of that they file
Priorities that are
achievable next yeat
First
in Davao where the Iaw enforcer was actually
conversant and knowledgeable about the law and
Designation of special IHL and HR courts,
with the training and designation of special
prosecutors, investigators who can handle cases
of probable IHL violations, perhaps starting
they wanted to file case against a ceftain perpetrator
in those areas that have large numbers of
but it was the fiscal who refused to flle an IHL case
skirmishes and internal armed conflicts.
regular cases instead of IHL cases Atty. Jim raised the
case
and instead filed a frustrated murder case.
because there is no mechanism, nothing happens.
Chairperson Rosales actually volunteered earlier that
she could write a letter to the Court Administrator
who could then submit a proposal to the Supreme
Court en bang raising the idea of designation of
special IHL and HR courts.
Fifth.
The focus is not just about filing cases, but on
Cen. Tutaan identified certain areas-Regions 2, 5, 8
the actual prosecution and the eventual bringing to
and the whole of Mindanao which could be possible
justice of these perpetrators. ln the presence of non-
targets
state actors in local communities, there is an issue of
Eventually one or two judges cold be designated to
intimidation, most of the time the community is afraid
these special courts for each region but we can start
of non-state adors;they refuse to act as witnesses or
with those pilot areas. The PAO actually suggested
that perhaps the Supreme Court could grant special
Fourth.
Lack of a coordinating mechanism wherein
information, evidence, data are gathered, cases are
built up and usually filed against these suspects but
be involved in these cases and that is quite a large
issue. In the laW it states that a regional trial court
has exclusive jurisdiction in IHL cases but we thought
for pilot areas for these special courts.
rules of court for these special IHL courts, specifically
with regards to evidence.
Proceedings of the Second National Summit on lnternational Humanitarian Law in the
Philippines
11 December
2012
E