UNDERSTANDING THE BASICS OF

INTERNATIONAL
HUMANITARIAN LAW (IHL)
REALITY OF WAR

Over the past 3,400 years, humans have

been entirely at peace for 268 of them, or just
8 percent of recorded history.
WHAT IS IHL?
INTERNATIONAL HUMANITARIAN LAW (IHL)
LAW OF ARMED CONFLICT / LAW OF WAR

set of rules which aims to limit

the effects of hostilities for
humanitarian reasons

protects those not or no longer

participating in hostilities

restricts the use of weapons

and methods of warfare
WHEN DOES IHL APPLY?

IHL CONCERNS:

International Armed Conflicts

(IAC) - between countries

Non-International Armed
Conflicts (NIAC) - takes place
within one country

IHL applies to all parties to a conflict regardless of who started it

and regardless of formal declarations on the existence of an armed
conflict.
WHO DOES IHL PROTECT?

IHL protects those who

are not or no longer
fighting, such as:

civilians
medical and religious
personnel (both military
and civilian)
wounded, sick,
shipwrecked fighters
those deprived of liberty
due to armed conflict
HOW DOES IHL PROTECT?
requires parties to distinguish
between fighters and civilians

prohibits attacks on civilians

prohibits indiscriminate attacks
and the use of weapons that do
not distinguish

requires care for wounded, sick and

shipwrecked & protects medical
personnel

prohibits or limits the use of weapons

and methods that are particularly
cruel and cause unnecessary
suffering
RA 9851 (Act on Crimes Against IHL,
Genocide & Other Crimes Against Humanity)

RA 9851
signed on 11 December 2009
Regional Trial Courts in the Philippines have jurisdiction
Imprescriptability of offenses
Reclusion Perpetua and up to PhP1,000,000 fine maximum penalty

Individual criminal responsibility

Individuals are criminally responsible for violations

The ICRC acts as a point of reference on IHL, providing technical support

to legislators, but plays NO ROLE in the prosecution and punishment of
crimes covered by RA 9851.
RA 10530
The Red Cross and Other
Emblems Act of 2013

Came into effect in 2013

Punishes the misuse of the 3

emblems and translations of the
words in any official language and
dialect; purpose is irrelevant

Penalty for misuse resulting in

death or serious bodily harm
Reclusion Perpetua and
PhP500,000 to PhP1,000,000
fine

IRR is for signature of the DND,

DOH & DTI Secretaries
IHL Principles
DISTINCTION

Parties to the conflict must at all times distinguish

between the civilian population and those directly
participating in hostilities, and between civilian
objects and military objectives.
DISTINCTION
General rule of civilian
protection.

When in doubt, a person or

object is considered civilian.
DISTINCTION
Parties to the conflict shall, to the
maximum extent feasible, avoid
locating military objectives within or
near densely populated areas.

Even a temporary military presence can

create a dangerous situation for civilian
areas and person.
PROPORTIONALITY
It is prohibited to launch an attack which
may be expected to cause incidental loss
of civilian life, injury to civilians, damage to
civilian objects, or a combination thereof,
which would be excessive in relation to
the concrete and direct military
advantage anticipated.
PRECAUTION

We must take all feasible care in the

choice of means and methods of attack
with a view to avoiding, and in any
event to minimizing, incidental loss of
civilian life, injury to civilians and
damage to civilian objects.
Limitations on the means
and methods of warfare
The right of the Parties to the conflict
to choose methods and means of
warfare is not unlimited.
Limitations on the means
and methods of warfare
It is prohibited to employ means
and methods of warfare of a
nature to cause superfluous
injury or unnecessary suffering
Limitations on the means
and methods of warfare
It is prohibited to employ means
and methods of warfare of a
nature to cause severe and long-
term damage to the
environment.
 IHL
Only in times of armed conflict
Holds accountable all parties to
the conflict, including states & non-
state actors, as well as individuals
Protects human dignity & deals with
conduct of hostilities
Use of lethal force permitted by
military necessity
Absolutely non-derogable
IHRL
Both in times of peace & armed
conflict
Holds accountable only states
through their governments
Protects human dignity
Lethal force only if absolutely
necessary (self-defense or defense
of others, for example)
Permits derogation of some rights
during public emergency
EVEN WARS HAVE LIMITS
Thank you!
www.icrc.org