DOJ has done with respect to Sec. 18 of RA 985I. cases pending full compliance thereof, especially She suggested that a communication should with respect to Section 18. be transmitted to said agencies regarding the matter so that the concerned stakeholders from government and CSOs will be properly guided on Atty. Josefina Guzman of the Supreme Court also what to do and where to go with respect to IHL noting that Regional Tiial Courts have jurisdiction on IHL cases as provided under RA 9851. She supported the statement of USec. Armamento cases. On the part of the CHR Atty. Mejia said agrees though that there should be designated that the Commission has not yet designated and trained IHL investigators. ' special coufts and that judges and prosecutors Usec. Armamento clarified that the DOJ has should have special trainings on IHL. She said she will take up with the Court Administrator the not yet designated special prosecutors for IHL. issues raised on Sec. 18. Notwithstanding this, she reiterated that IHL cases can already be filed because our penal system is functioning. She said what is important is that the elements of IHL violations are indicated in the ' Court considers the principles and provisions under RA 9851 even without such allegations on violations of IHL. She cited two recent cases murder in relation to RA 9851, so that it would be appreciated by the prosecutor investigating the case. complaint ' e.g., on applications for r,vrit of amparo wherein the Supreme Court applied the doctrines under 9851. Sister Arnold expressed her concern that the CHR is not even sure with IHL (lacks training on IHL) because instead of filing cases on IHL, they will file it as torture wherein under the anti-torture law the only responsible party is the state and not the non-state actors. Sister Amold emphasized the need for a good training on IHL in the light of the situation. She said more case have been filed against state actors and very few against non-state actors because (the Commission) is more familiar With respect to the comment of Brig. Gen. Tutaan that IHL violations are not alleged in some cases that are filed, Atty. Guzman (SC) said that the ' The moderator summed up the important issues raised during the preceding discussion. In a nutshell, the participants arrived at the following consensus: o of investigators, prosecutors and special courts in accordance with Sec tB of RA 9851. o There is an urgent need for special trainings on IHL for investigators, prosecutors and judges. with the anti-torture law. o ' There is an urgent need for the designation Cases for violation of IHL can be already In support of the manifestation of USec. Armamento of DOJ, Col. Esquivas said that what filed with the proper courts pending the full implementation of Sec. 1B by the concerned is important in the rules of criminal procedure government agencies. This may serve as is the allegations contained in the complaint. He an impetus for the immediate and full said RA 9851 does not prohibit the filing of IHL implementation of RA 985I. tvr. I ffiIfu *4 t \l j : \ ROUNDTABLE DISCUSSION tr