are different, graduated levels, from the foot soldier
up to the commanding officers, who are particularly
crucial because the military organization follows
a cedain strict chain of command. And while the
ICRC for one has long developed international
instructional materials for different levels of the
armed forces, these appear to need supplementing
by locally appropriate materials.
The challenge in this thematic work area, as in
other work areas, is no longer to just list or matrix
the gaps or issues and then the recommendations
and action points, but to now pinpoint specific
tasks and assign their implementing organizations
or offices, along with other planning indicators.
In short, it is now time to bring the work on IHL
to a deeper, more thorough and ultimately more
effective level. For the armed forces, this ultimately
should seep down to the military doctrine and
operational levels."
Monitoring, Inve
Judge Soliman said that this is the most
complicated among the three thematic work areas.
He said it is good that the CHR has taken the lead,
with a comprehensive monitoring of compliance
with human rights and IHL, as well as violations
thereof. However, due to manpower and financial
constraints, it has had to resort to deputization of
monitors, including those from CSOs as well as
media.
Judege Soliman said the challenge here "is to refine
or institutionalize the mechanism of deputization
of human rights and IHL monitors, perhaps
drawing from the experience of deputization of
fish wardens or bantay-dagat for fisheries law
enforcemenl" He said "it is noteworthy that CHR
has conceptualized comprehensive monitoring
to be not only investigative but also preventiveIt is also noteworthy that our colleagues from
WeAct 1325 (or Women Engaged in Action on UN
Security Council Resolution 1325) have highlighted
the need for a gender perspective in monitoing as
this would redound to better special protection for
women and children."
Judge Soliman propounded that "the biggest
challenges may still be breaking through in the
ROUNDTABLE DISCUSSION
area of effective prosecution which, although
mainly reactive like investigation, also has a
preventive value, in that it overcomes the curse
of impuni[r' The particular challenge with RA
9851 is that it is relatively complicated unfamiliar
ground for prosecution. The CH& in cooperation
with the DOJ, will have to purposively grapple with
it, and for this purpose a special team or task
force may be called for, to deal initially with further
studies, the possible preparation of a manual
for prosecution, some special training and then
ultimately test cases."
Judge Soliman said that "after the RA 9851 and
Rome Statute breakthroughs, the main need is no
longer so much the passage of more IHL legislation
or ratification of more IHL treaties, as it is the
effective implementation of, compliance with and
enforcement of IHL, being as creative as possible
in this with the laws and ratified treaties that we
already have. He made a particular exception to
this, however, as regards existing and pending
legislation such as those on tofture, enforced
disappearances and extra-judicial killings that,
by definition, limit these crimes to only those
perpetrated by state agents. He said "this is not in
accord with our contextual realilv of internal armed
conflict between state armed forces and non-state
armecl groups. The latter, or more precisely their
responsible individual perpetrators, should also be
covered by such legislation."
Judge Soliman further discussed "that even
with such legislation, or under the existing
criminal justice system, our a$rarian reform
colleagues in the Bondoc Peninsula have many
times shared with us the special or distinct
challenges of holding non-state actors, who have
no permanent address, accountable for their
violations of human rights and IHL." He said
"the mechanisms of the peace process with the
main rebel groups hold some $reater or lesser
possibilities. The robust ceasefire mechanisms of
the GPH-MILF peace process have been generally
effective. The more problematic front of war
and peace is that of the GPH-NDFP where there
is no ceasefire. There is a CARHRIHL but its
Joint Monitoring Committee (JMC) mechanism
is also problematic in that it is stalemated. The
challenge on the GPH-NDFP front is to develop
credible alternative mechanisms of monitoring,