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

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