National Summit on International Humanitarian Law in the Philipppines 55 Group III PRINCIPLE OF DISTINCTION Rapporteur: Eleanor “Jun” Ledesma Information Officer, CHR Caraga Region The group is composed of CHR personnels, including Commissioner Jose Manuel S. Mamauag. as Combatants Non-compliance on the protection of children Mr. Ledesmadiscussedtheprinciple of distinction whereit distinguishes between combatants and civilians and between military objectives and civilian objectives. combatants.Military forces from both government and non-governmentfailed to comply as regards protectionof children who are used as combatants. As explained, children should not be as soldiers during armedconflict. So a special protection is given to them like the Republic Act. 7610 “Special Gaps andIssues Protection of Filipino Children”. Absence of Domestic Law and Policy Thefirst issue is the absence of domestic law and policy that distinguishes Protection of Children Whoare Used civilians from combatants. This is the priority issue because undertheinternational treaties and covenants, the Philippinesis required to enactlaws and to adhere to whatever documentsit has signed. So the group’s recommendation is to lobby for the passage of the IHLBill. The Use of Weaponsthat Do Not Distinguish Civilian Objectives from Military Objectives The secondpointorissue, is that in case of doubt, persons should betreated ascivilians. Examples of these weapons were landmines, booby traps, and anti personnel. Once these weapons are launched,they do not distinguish combatants from civilians. Thesechildren whoare playing in the farm can be victimized as well as domesticated animals. The recommendationis to lobbyfortheratification of the RomeStatute and to criminalize those who use the weaponsthatdo notdistinguish them. The recommendation is, cases of IHL violations in relation to the protection of children during armedconflict should be investigated, prosecuted and well-documented. Indiscriminate Attacks This includes attacks on religious monuments and places of worship, cultural and protected objects. Burning of Houses and other Properties left Unattended These areas should not be attacked. The recommendationis - conduct a dialogue between and amongthe conflicting parties to adhere to the principles of International Humanitarian Law.