FINAL TERM ONLINE LEARNING MODULES

MODULE 4
LESSON 1
THE INTERNATIONAL HUMANITARIAN LAW

ENGAGE: K-W-L CHART

Fill in the K-W-L chart with the needed information. K stands for what you
KNOW about the lesson, W stands for what you WANT to learn about the lesson
and L stands for what you LEARNED about the lesson.

The L column being the last column should be filled in at the end of the lesson.
Therefore, before going to the main part of the lesson, the
KNOW AND WANT columns should be filled in first.

K… KNOW

 Humanitarian Rights is a set of laws that protects Civilian in times of crisis

 Human Rights are set of Rights mandated to protect human From possible harm,
oppression and illegal search and seizures
 Both Human rights and Humanitarian Rights are standard internationally

W… WANT
  What are the factors that affects the implementation of human rights and humanitarian
rights?
 What re the different Regulations that is needed to consider in the military engagement
to ensure the safety of non combatant individuals?
 What are the possible penalties if a party of the combatant group

L… LEARN

 Establishes universal rights that every individual should enjoy at all times
in both peace and war. States are obliged vis-à-vis the individual living
within their jurisdiction to respect and protect these.
 The law of armed conflict or the law of war: a body of rules which in
wartime protect persons who are not or no longer participating in the
hostilities and which limit methods and means of warfare – to make war
the least inhumane possible. Warring parties, traditionally state in
international conflicts, are to observe and comply with these rules
 Human rights are made to protect and preserve human lives and
humanitarian Rights are made to Lessen the violence an experience can
experience during times of war

What is International Humanitarian Law (IHL)?

It is the international Law of Armed Conflict (LAOC), which two general objective
and areas of concern regarding armed conflict:

1. As to protection of its victims – (“Geneva Law” or “Red Cross Law”); and

2. As to limitation of its methods and means (“Hague Law”).

Human rights and humanitarian law are two distinct and yet closely related
branches of the international legal system.

Human Rights Law Humanitarian Law

Establishes universal rights
that every individual should
enjoy at all times in both
peace and war. States are
obliged vis-à-vis the
individual living within their
jurisdiction to respect and
protect these.
The law of armed conflict or the law of war: a
body of rules which in wartime protect persons
who are not or no longer participating in the
hostilities and which limit methods and means of
warfare – to make war the least inhumane
possible. Warring parties, traditionally state in
international conflicts, are to observe and comply
with these rules

Instruments

1. Universal Instruments
2. Regional Instruments

Universal Instruments

- Universal Declaration of Human Rights, adopted by the Un General

Assembly in 1948
- Convention on the Preventing and Punishment of the Crime of Genocide of
1948
- Convention on the Covenant on Civil and Political Rights of 1966 on the
International Covenant on Social and Economic Rights of 1966
- The Convention on the Elimination of All forms of Discrimination against
Women of 1981
 - The Convention against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment of 1984 or the Convention on the Rights of the
Child of 1989

Regional Instruments

- The European Convention on Human Rights of 1950

- The American Convention on Human Rights of 1969
- The African Charter of Human and Peoples Rights 1981

Concept

 Its provisions are intended both to protect people who are not or no
longer taking part in hostilities as well as to restrict the methods and
means to wage war.
 Its purpose is to limit the suffering war causes by affording victims the
maximum possible protection and assistance.

Scope

The greater part of international humanitarian law applies to situations involving

international armed conflicts waged between subjects of international law.

While there are only limited rules concerning non-international armed conflicts,
i.E. conflicts within a country, they, too, are considered of great importance.

Key Principles

Underlying all norms in the area of humanitarian international law is the effort to
find a balance between the conflicting interest of military necessity on the one
hand and humanity on the other.

This give rise to the following key principles:

 Neither the conflicting parties nor member of their armed forces have
unlimited freedom in the choice of methods and means whit which to wage
war.
  Hence the use of weapons and methods which inflict excessive injuries and
unnecessary suffering is forbidden.

To protect the civilian population and civilian objects, these must in all
circumstances be a clear distinction made between civilians and combatants.

 Neither the civilian population as a whole nor individual civilian may be

attacked.

 Attack must be aimed exclusively at military targets.

Combatants and civilians in the power of an opposing party have the right to have
their lives and dignity respected.

They must be protected from any violence or repressive measures.

It is prohibited to kill or injure an adversary who surrenders or is unable to

continue fighting.

Institutions

 International Committee of the Red Cross (ICRC)

o Red Cross
o Red Crescent

Although it is an association under Swiss law based in Geneva, it has international

legal personality in a number of respects.

In situation of civil war, too, the ICRC in entitled under article 3 of the Geneva
conventions to offer its services to the warning parties.

The basic pre-requisite for its work is strict impartiality and neutrality.

Together with the International Federation of Red Cross and Red Crescent
Societies form the International Red Cross and Red Crescent Movement.

Its representatives meet with the representatives of the States Parties to the Geneva
Conventions at the international Red Cross and Red Crescent conferences that are
usually held every four years.
What is international humanitarian law?

This body of law can be defined as the principles and rules which limit the use of
violence in times of armed conflict.

History

Swiss Banker, Henry Dunant at the Battle of Solferino

International Support, Ravages of War, Dehumanizing conditions of war

 To protect persons who are not, or are no longer, directly engaged in

hostilities-the wounded, shipwrecked, prisoners of war and civilians;

 To limit the effects of violence in fighting to the attainment of the objectives

of the conflict.

Essential Rules

 The parties to a conflict must at all times distinguish between the civilian
population and combatants in order to spare the civilian population and
civilian property.

 It is forbidden to kill or wound and adversary who surrenders or who can no

long take part in the fighting

Essential Rules

Neither the parties to the conflict nor members of their armed forces have an
unlimited right to choose methods and means of warfare. It is forbidden to use
weapons or methods of warfare that are likely to cause unnecessary losses or
excessive suffering.

The wounded and sick must be collected and cared for by the party to the conflict
which has them in its power. Medical personnel and medical establishments.
Transports and equipment must be spared. The red cross or red crescent on a white
background is the distinctive sign indication that such persons and objectives must
be respected.
Captured combatants and civilian who find themselves under the authority of the
adverse party are entitled to respect for their loves, their dignity, their personal
rights and their political, religious and other convictions. They are entitled to
exchange news with their families and receive aid. They must enjoy basic judicial
guarantees.

Treaties

The following are the main treaties in chronological order of adoption:

1864 – Geneva convention for the amelioration of the condition of the wounded in
armies in the field

1868 – Declaration of St. Petersburg (prohibiting the use of certain projectiles in

wartime)

1869 – The Hague Conventions respecting the laws and customs of ward on land
and the adaption to maritime warfare of the principles of the 1864 Geneva
Convention

1906 – Review and development of the 1864 Geneva Convention

1907 – Review of the Hague Convention of 1899 and adoption of new

Conventions

1925 - Geneva Protocol for the prohibition of the use in war of asphyxiating,
poisonous or other gases and of bacteriological methods of warfare

1949 - Two Geneva Conventions

Review and development of the 1906 Geneva Convention

Geneva Convention relating to the treatment of prisoners of war (new)

1949 - Four Geneva Conventions

I Amelioration of the conditions of the wounded and sick in armed

forces in the field
 II Amelioration of the condition of wounded, sick and shipwrecked
members of armed forces at sea

III Treatment of prisoners of war

IV Protection of civilian persons in time of war (new)

1954 - The Hague Convention for the protection of cultural property in the
event of armed conflict

1972 - Convention on the prohibition of the development production and

stockpiling of bacteriological (biological) and toxic weapons and on their
destruction

1977 - Two Protocols additional to the four 1949 Geneva Conventions,

which strengthen the protection of victims of international (Protocol I) and
non-international (Protocol II) armed conflicts

1980 - Convention on prohibitions or restrictions on the use of certain

conventional weapons which may be deemed to be excessively injurious or
to have indiscriminate effects (CCW), which includes:

1993 - Convention on the prohibition of the development, production,

stockpiling and use of chemical weapons and on their destruction

1995 - Protocol relating to blinding laser weapons or (Protocol IV (new) to

the 1980 Conventions)

1996 - Revised Protocol on prohibiting or restrictions on the use of mines,

booby traps and other devices (Protocol II (new) to the 1980 Convention)

1993- Convention on the prohibition of the development, production,

stockpiling and use of chemical weapons and on their destruction

1995 - Protocol relating to blinding laser weapon (Protocol IV (new) to the

1980 Convention

1996 - Revised Protocol on prohibitions or restrictions on the use or mines,

booby traps and other devices (Protocol II (revised) to the 1980 Convention
1997 - Convention on the prohibition of the use, stockpiling, production and
transfer on anti-personnel mines and on their destruction

1998 - Rome statue of the International Criminal Court

1999 - Protocol to the 1954 Convention on cultural property

2000 - Optional protocol to the convention on the rights of the child on the
involvement of children in armed conflict

2001 - Amendment to article I of the CCW

3 Main Currents

The “law of Geneva”, Represented by the international conventions and protocols

established under the aegis of the international committee of the Red Cross
(ICRC) with the protection of the victims of conflict as their central concern;

The “law of the Hague”, based on the result of the peace conferences in the
capital of the Netherlands in 1899 and 1907, which dealt principally with the
permissible means and methods of war;

The efforts of the united nations to ensure that human rights are respected in armed
conflicts and to limit the use of certain weapons.

Other Issues

 Peace-keeping and peace-enforcement operations

 Terrorism
 Prosecution of criminal
 War crime
 Application of humanitarian law
 New conflicts
 Assistance to victims of armed conflicts
 Restoration of family links
 New development in humanitarian law
 Protection for refugees and internally displaced persons

Use of emblem
Commission on Human Rights

 Constitutional creation
 Independent office

CHR powers

 Investigate – political and civil

 Compulsory processes
 Provide legal measures
 Legal aid
 Jail and detention center monitoring
 Research programs
 Government compliance monitoring

CHR Programs

2 programs

 Human rights protection

 Human rights promotion

Human Rights Protection

 Investigation and Hearing of Complaints

 Legal Aid and Counseling
 Legal Research
 Assistant to Human Rights Victims
 Visitorial Services
 Child Rights Protection Services
 Special Prosecutory System

Human Rights Promotion

 Public information
 Education and research
 Investigative monitoring

ACTIVITY NO. 1

Compare and contrast between Human rights law and Humanitarian

Law in the Philippine setting. Explain your answer

According to my understanding, Human rights is a set of laws to protect the

Human Lives in times of peace and to ensure that the Authority and other
Individuals To ensure that their basic needs and rights are being supplicated
by the Government and the society In the Other hand, The Humanitarian
Rights are more enforced and implemented in Times of International Crisis
especially War. These Rights are made to enclose the conflict between the
Armed Parties and to spare the Civilian involvement and other Collateral
damages from the Civilian party to be inflicted. These rights are made also
to preserve and protect the life of the Non Combatant individuals on war
because they have no means on defending them selves. And also, These
rights are made to lessen the terror that the civilian faces. And to ensure that
all the Basic needs of An individual is still sustained and supplicated even in
times of war.

ACTIVITY NO. 2

What are the main challenges or obstacles that you can think in
promoting or realizing the goals and objectives of human rights in the
Philippines? Explain your answer.
 For me the number 1 obstacle that comes into my Mind when it comes to
promoting or realizing goals and objectives of human rights in the
Philippines are The Corruptions that is happening to these inter agency that
is concerned with the Implementation and promotion of the Human Rights.
Next is The Media also affects the Promotion and Implementing Human
Rights, Most of the time, Media is being Biased That also Made An Impact
to the Perception of The masses about The Human Rights and doubting The
credibility of bout authoritarian staffs , The Agencies concerned the
Government itself.

LESSON 2

ENGAGE: K-W-L CHART

Fill in the K-W-L chart with the needed information. K stands for what you
KNOW about the lesson, W stands for what you WANT to learn about the lesson
and L stands for what you LEARNED about the lesson.

The L column being the last column should be filled in at the end of the lesson.
Therefore, before going to the main part of the lesson, the
KNOW AND WANT columns should be filled in first.

K… KNOW

 ARMED CONFLICT: Are conflict between The Government and different small
groups within the Nations Territory that urges to promotes ideologies but bringing
terror to their society.
 WAR: Is a tension between states resulted by Mis understanding of different factors
Such as Political, cultural, econonomical and territorial.
W… WANT

 What Are the different factors that can trigger war and armed conflict
 What are the different protocols that are mandated to consider before engaging and
lifting an act of war?
 What are the different actions that the government is doing to minimize the existence
of armed conflict nation wide?

L… LEARN

HR – the state, recently also non-state actors

IHL – both Parties, state or non-state armed group

treaty law – treaties, conventions, protocols & similar international legal

instruments – binding on States Parties which ratify of accede.

Customary law – generally accepted principles & rules established by

sufficient state practice and legal opinion which are binding on all,
particularly on all parties (including non-state armed groups) to armed
conflicts in the case of customary IHL.

What is armed Conflict, when does it exist?

a. Between states, and between states and national movements

(International armed conflict)
Ex. World War II; between Israel and PLO

b. Between governmental authorities and organized armed groups

 (Non-International Armed Conflict or NIAC)
Ex. AFP vs. NPA

c. Between organized armed groups within a state

(NIAC)
Ex. New People’s Army vs. Rebolusyonaryong Hubong Bayan

Distinguished from “war”, - declaration of a state of war 7 involves on states.

However, NIACs referred as “civil wars”.

Not considered armed conflict (outside IHL)

a. Internal disturbances and tensions like riots, isolated and sporadic acts of
violence—
(Ex. “Edsa 3” siege of Malacanang Palace

b. Banditry, unorganized and short-lived insurrections, or terroristic activities –

Ex. (arguably) case of Abu Sayyaf Group

Are there levels or categories of armed conflict?

a. International armed conflict, including war of national liberation –

apply the whole Geneva Conventions I-IV & Additional Protocol I
Ex. National liberation movement – PLO & African National Congress in
the 1970’s

b. Non-international armed conflict (NIAC) of “highly intensity” –in the

territory of a State Party between its armed forces and dissident armed forces
or other organized armed groups which:
1. Under responsible command,
2. Exercise control over a part of the national territory
3. To enable them to carry out sustained & concerted military operations
 4. To implement Additional Protocol II
-apply Additional Protocol II & Common Article 3 of the Geneva
Conventions

Ex. Armed conflicts with NPAs and with the MILF (arguable by the
government)

c. NIAC of “low intensity” – all other internal armed conflicts below the
threshold (conditions) applicable for Additional Protocol II – apply
Common Article 3 of the Geneva Conventions
Ex. Armed conflicts with the Rebolusyonaryong Hukbong Bayan and
(arguably again) the Abu Sayyaf Group

What are the main kinds of IHL? What is the significance of this?

1. treaty law – treaties, conventions, protocols & similar international legal

instruments – binding on States Parties which ratify of accede.

2. Customary law – generally accepted principles & rules established by

sufficient state practice and legal opinion which are binding on all,
particularly on all parties (including non-state armed groups) to armed
conflicts in the case of customary IHL.

How does IHL relate to human rights? What are their distinctions?

1. Relations Governed

HR – between state & individuals, for protection of the individual from state
power and abuse (recent legal trends to cover protection from non-state armed
group abuse)

HL – between parties in armed conflict, and between both/all of them and

affected civilians or non-combatants, for their protection and, to some extent,
also for the protection of combatants from certain methods and means
(weapons) of warfare

2. Obligated Parties

HR – the state, recently also non-state actors

 IHL – both Parties, state or non-state armed group

3. Time Applicability

HR – at all times, in peace and in war, but some derogation allowed in times of
public emergency

IHL – in times of armed conflict, no derogation under any circumstance therein,

some limited application, like promotions measures, in peace time

4. Place Applicability

HR – in all places globally

IHL – in areas of armed conflict

5. Main Treaty Sources

HR – HR Treaties

IHL – IHL treaties

Is IHL relevant to the Philippines?

Yes, very relevant because of historical & current involvements of the

Philippines in major armed conflicts, both international and non-international,
especially since World War II and its aftermath when modern IHL started to
develop.

But actually, more problematic for the Philippines have been its internal armed
conflicts like the Huk rebellion, the Kamlon rebellion, and the ongoing armed
conflicts on the Communist and Moro fronts of the last four decades and
counting.

How does IHL become part of the Philippines legal system?

1. Customary IHL, and the incorporation clause of the Philippines Constitution

which provide that the Philippines adopts the generally accepted principles
of international law as part of the law of the land.
2. Treaty IHL, and the treaty clause of the Philippine Constitution which
provides that no treaty or international agreement shall be valid and effective
unless (its ratification by the President has been) concurred in by at least
two-thirds of all the Members of the Senate.

3. Implementing legislation and/or administrative action – where necessary for

implementation, such as with ratified treaty provisions that are not self-
executory, usually those requiring the imposition of penal sanctions.

4. Special agreement on IHL between the Philippine government and different

rebel groups – are technically not part of the legal system but are similar to
civil contracts in the sense of being “the law between the parties”.

5. Unilateral declarations of adherence to IHL by Philippines rebel groups – are

more so technically not part of the legal system but can likewise be invoked
with the rebel groups which issue them.

What IHL treaties have been ratified by and therefore bind the
Philippines?

 1948 Genocide Convention

 1949 Geneva Conventions I-IV
 1968 Nuclear Weapons Non-Proliferation Treaty
 1968 Convention on Non-Applicability of Statutory Limitations to War
Crimes and Crimes Against Humanity
 1972 Biological Weapons Convention
 1977 Additional Protocol II on Protection of Victims of Non-
International Armed Conflicts
 1980 Conventional Weapons Convention and its Protocols I-IV, Inc. Its
1996 Amended Protocol II on Mines, Booby traps and Other Devices
 1989 Convention on the Rights of the Child and its 2000 Optional
Protocol on the involvement of children in armed conflict
 1993 Chemical Weapons Convention
 1997 Anti-Personnel Mines Convention
 2005 Additional Protocol III on the Adoption of an Additional
Distinctive Emblem
What national Implementing Legislation has the Philippines passed?

 Republic Act No. 95, (PNRC)

 RA No. 7160 (Special Child Protection Act), Article X on Children in
Situations of Armed Conflict (CSAC) – Children as Peace Zones,
Evacuation of Children During Armed Conflict, Family Life and Temporary
Shelter, Rights of Children Arrested for Reasons Related to Armed Conflict
and Monitoring & Reporting of CSAC.
 RA No. 9851 –Philippines IHL

The more significant pending legislative measures are the following:

 The “Internal Displacement Bill” – bringing to the level of national law

the 1998 United Nations Guiding Principles on Internal Displacement

 The “Philippine Landmines Bill” – to implement and reconcile the

implementation of the two main international treaties in landmines, the 1997
Anti-Personnel Mines Convention and the 1996 Amended Protocol I on
Mines, Booby-traps and Other Devices, towards a comprehensive law on
landmines

What administrative measure have been taken to implement IHL?

The strongest area of administrative action has to do with:

 Children Involve in Armed Conflict (CIAC), followed by internal

displacement. Article X of RA No. 7610, which implements the 1989
Conventions on the Rights of Child,

 “Rules and Regulations on Children in Situation of Armed Conflict” issued

by DOJ on January 1994.
 MOA in the Handling & Treatment of Children Involved in Armed Conflict,
which has developed into an “Inter-Agency MOA on the prevention &
Reintegration of Children Involved in Armed Conflict (CIAC)” adopted
October 2005.
  Interagency Committee on Children Involved in Armed Conflict (IAC-
CIAC) anchored by the Office of the Presidential Adviser on the Peace
Process (OPAPP).
 Sub-Committee on Children Affected by armed Conflict and Displacement
(SC-CAACD) under the Council for the Welfare of Children (CWC) as an
attached agency of DSWD.
 DSWD – also the lead agency on internal displacement and internally
displaced persons (IDPs), or referred as evacuees, arising from armed
conflict.
 Military/police directives for the protection of non-combatants issued in
1988-91, like the Office of the President’s MO# 393 “Directing the AFP &
the PNP to reaffirm their Adherence to the Principles of Humanitarian Law
& Human Rights in the Conduct of Security/Police Operations”.

 AFP/PNP specific directives on the safety of innocent civilians & treatment

of wounded & dead; protection of children in armed conflict; delivery of
goods & services in the countryside; on evacuations; on visitation of
detainees by private physicians and other personnel; and so on.

 There have also been more recent military/police directives notably the AFP
Standing Rules of Engagement per the AFP Chief of Staff Directive on
“Strict adherence to the doctrine of command responsibility” and the
activation of more purposive Human Rights Offices (also covering IHL
matters) in both AFP and PNP in 2007.

What special agreement of IHL have there been between the government and
different rebel groups?

 1998 Comprehensive Agreement on Respect for Human Rights and

International Humanitarian Law (CARHRIHL) between GRP & NDF

 2002 Implementing Guidelines on the Humanitarian Rehabilitation and

Development Aspects of the GRP-MILF Tripoli Agreement on Peace of
2001, particularly its Article IV on Respect for Human Rights and
Observation of IHL
ACITIVITY NO.1

How does International Humanitarian Law become part of the Philippine

legal system? Explain your answer.
International Humanitarian Law has been part of the Philippine legal bases I which it provide
guidelines that preserves human lives and safety even in times of crisis. This also helps to
maintain the accessibility of basic commodities of the masses even in times of crisis. This also
serves as a regulation on measuring the factors of a military engagement.

ACTIVITY NO. 2

What constitutes armed conflict in the Philippines? Cite an example involving

armed conflict in our country specially President Duterte’s Administration.
Explain your answer.

For me what constitutes the armed conflict in the Philippines is the

brainwashing of the leftist group about their own ideology of communism in
which. They believed of their own version of communism. Some are
promoting their religious beliefs in which resulting to terror to the people.
There are lot of Armed conflict happened during the Time of Duterte
administration, and most of them are inflicted by Moro Islamic Liberation
Front(MILF),Bangsamoro Islamic Freedom Fighters(BIFF),the Maute
Group And The New People`s Army(NPA).
 The example of armed conflict is The Remarkable Marawi siege that
resulted to 98 percent of displacement of Marawi residence, destroys
businesses, properties and worse claiming live of both soldiers and private
individuals

ACTIVITY NO. 3

What is the difference between armed conflict and war? Make a personal
evaluation/critique anchored on President Duterte’s war on Drugs. Explain
and elaborate your answer.

Armed conflicts are tension and engagement happens between the state and
different small armed forces within the state. Most of the times an armed
conflict is made to promote some ideology that the armed group wants the
government to be favored of, unluckily these demands of these militant
groups are not for the people of the state but its for the own sake of their
group alone

In the other hand war is a tension and engagement happens between nations
in relation to different factors such as territory, economic, religious and
especially political reasons.

ACTIVITY NO. 4

How does International Humanitarian Law (IHL) relate to human rights?

What are their distinctions? Explain your answer.

International Humanitarian Rights are humanely based rights activated in

times of war. These are Regulations Between the combatant Parties that
 Regulates their military actions or engagement, Which also ensures that the
safety of all civilians and non combatant parties should be considered.

In the other hand The Human rights are being used in all of times, no matter
what condition is occurring Human rights are regulation that helps preserve
an promote human safety and peace, these also regulates the actions of the
authority giving a chance for the masses to have privacy and assurance of
their safety.

LESSON 3

ENGAGE: K-W-L CHART

Fill in the K-W-L chart with the needed information. K stands for what you
KNOW about the lesson, W stands for what you WANT to learn about the lesson
and L stands for what you LEARNED about the lesson.

The L column being the last column should be filled in at the end of the lesson.
Therefore, before going to the main part of the lesson, the
KNOW AND WANT columns should be filled in first.

K… KNOW

 Principle Of proportionality: The attack of hostility must be calculated upon execution

and can result to minimal damages to un concerned parties.
 Hors Dew combat: Persons who don’t have the capacity and intention in engaging in
Hostile act

W… WANT
  What are the different Prohibitions that both parties should consider in Planning an
engagement in hostile act:?
 What are the different Factors that these combatant parties shoul take consider to
lessen collateral damages to their engagement.
 Who are the People who are prohibited to be targeted to a Hostile act?

L… LEARN
Principle of Proportionality

 Proper balancing of the conflicting interests between military necessity

&humanitarian considerations.
 Among several military objectives for obtaining a similar military
advantage, the objective selected should the one where the attack may be
expected to cause the lease danger to civilians & civilian objects.

Principle of Distinction

Most basic principle of IHL which is for parties to the conflict to distinguish
between combatants and civilians, and between military objectives and
civilian objectives
 Indiscriminate attacks are those which; (a) are not directed at a specific
military objective; (b) employ a method or means of combat which cannot
be directed at a specific military objective: (c) employ a method or means
of combat the effects of which cannot be limited as required by the rules of
the war

Hors de Combat
 He or she is a person “out of combat”, including a combatant who is no
longer in a condition to engage in combat. More specifically, anyone who:

 Is in the power (e.g., captive) of an adverse party;

 Is defenseless because of unconsciousness, shipwreck, wounds, or
sickness; or
  Clearly expresses an intention to surrender provided he or she abstain from
any hostile act and does not attempt to escape.

What are the fundamental principles of IHL?

These are not mere abstract concepts but are of valuable practical application
to various situations in the field.

 Distinction
 Proportionality
 Limitation
 De Martens Clause

What is the principle of Distinction?

 Most basic principle of IHL which is for parties to the conflict to distinguish
between combatants and civilians, and between military objectives and
civilian objectives
 Indiscriminate attacks are those which; (a) are not directed at a specific
military objective; (b) employ a method or means of combat which cannot
be directed at a specific military objective: (c) employ a method or means of
combat the effects of which cannot be limited as required by the rules of the
war

Consequently, the following, are prohibited:

Acts or threats of violence, the primary purpose of which is to spread terror among
the civilian population (concept of terrorism)

 Attacks by bombardment which treats as a single military objective a

number of clearly separated and distinct military objectives in a city, town,
village, or other area containing a concentration if civilians or civilian
objects
  Indiscriminate attacks are prohibited, and so are the uses of weapons which
are by nature indiscriminate. This is the main principle for civilian
protection

What is the principle of Proportionality?

 Proper balancing of the conflicting interests between military necessity

&humanitarian considerations.
 Among several military objectives for obtaining a similar military
advantage, the objective selected should the one where the attack may be
expected to cause the lease danger to civilians & civilian objects.

It is prohibited to launch an attack which may be expected to cause incidental

loss of (or “collateral damage” to) civilian and civilian object which would be
excessive on relation to the military advantage anticipated.

There must therefore be various precautions in attack as well as against the effects
of attacks.

The principle of proportionality is also reflected in two concepts.

First, is prohibition of causing Superfluous Injury or Unnecessary Suffering

(SIrUS), especially as applied to means and methods of warfare.

Second is that weighing of not only humanitarian but also social economic and
(natural) environmental consequences vis-à-vis military, utility, much like the
weighing of costs and benefits or of ends and means.

What is the principle of Limitations?

Basic rule that the right of the parties to the conflict to choose methods or means of
warfare is not unlimited. As the saying goes “Even war has limits.” IHL then
provides both general and specific limitations or restraints.

What is the De Martens Clause?

“Fall back” principle, “in cases not covered by the Regulations … the inhabitants
and belligerents remain under the protection and the rule of the principles of the
law of nations, as they result from the usages established among civilized peoples,
from the laws of humanity, and the dictates of the public conscience.”

Note not only civilized usages and a sense of humanity but also the public
conscience (thus, public opinion to some extent) as guides or “fall backs” in the
absence of specific rules.

Who saves civilians? Who are the combatants?

Civilians are person who are not members of the armed forces of a party to an
armed conflict, and are protected against attack, unless and for such time as they
take a direct part in armed hostilities.

Combatants are all members of such armed forces usually or in international

armed conflicts, except medical and religious personnel.

Such armed forces consist of all organized armed forces, groups & units which are
under a command, responsible to a party to the conflict for the conduct of its
subordinates. These include engineering battalions composed of engineers who are
full-time uniformed members of the AFP.

But civilian employees of the military establishment who are not member of the
armed forces but assist them are still considered civilians though they assume the
risk of death or injury incidental to attacks against legitimate military targets while
they are in the immediate vicinity of them.

Admittedly, there are still some grey or borderline areas between civilians and
combatants, especially when it comes to direct participation in hostilities in non-
international armed conflicts, where the dissident armed forces often operate with
the support of a civilian mass base under the concept on a “people’s war.”

It not only covers the time when the civilian actually makes use of a weapon but
also the time that he/she is carrying it, as well as situations in which he/she
undertakes hostile acts without using a weapon.

It covers the time when he prepares for and returns from combat.

In the Philippine context, who are among legitimate military targets?

 Members of AFP, CAFGU & other armed personnel assisting the defense of the
Philippines, including PNP elements who have combat duties.

 Members of “Self-defense” or vigilante groups, directly participating in

hostilities
 Civilians officials like barangay captain, directly participating in hostilities

 Members of dissident armed forces (e.g. NPA, MILD), their part-time militia,
while the latter are directly participating in hostilities.

In the Philippine context, who are among NOT legitimate military targets?

 PNP personnel w/o combat duties, including killing them solely to obtain
weapons.
 Member of “Self-defense” or vigilant groups while not directly participating
in hostilities.

 Civilian officials like barangay captain not directly participating in

hostilities. Person with political roles, such as abusive mayors, are not
proper targets.
 Persons refusing to pay “revolutionary taxes,” as well as their businesses.

 Dissident part-time militia while not directly participating hostilities.

What are civilian objects? What are military objectives?

Civilians projects are all objects that are not military objectives & are protected
against attack, unless & for such time as they are military objectives.

Some examples of civilian objects are houses, schools, church, farms, commercial
buildings, industrial plants, power transmission towers, cell sites, public transport,
other civilian infrastructure & also cultural property.

Military objectives are limited to that object which, by their nature, location, &
whose destruction, capture or neutralization, under the circumstances, offers a
definite military advantage.

There are two-fold test to constitute a military objective.

Some examples of military objectives are weapons, war material military works
and establishment, supplies, vehicles, camp sites, fortifications, and fuel; depots or
stores used by any party to the conflict.

Also, objects that while not directly connected with combat operations, effectively
contribute to the military effort, such as transportation and communication system
& facilities, airfields, ports & otherwise non-military industries of importance to
the ability of a party to the conflict to conduct military operations.

Who is a person hors de combat?

 He or she is a person “out of combat”, including a combatant who is no

longer in a condition to engage in combat. More specifically, anyone who:

 Is in the power (e.g., captive) of an adverse party;

 Is defenseless because of unconsciousness, shipwreck, wounds, or sickness;
or
 Clearly expresses an intention to surrender provided he or she abstain from
any hostile act and does not attempt to escape.

What are the fundamental guarantees for the treatment of civilians and
persons hors de combat?

 They must be treated humanely.

 The following are all prohibited:
o Any form of adverse discrimination
o Murder
o Torture, cruel or inhuman treatment, and outrages upon personal
dignity, in particular humiliating and degrading treatment
o Corporal punishment
o Mutilation, medical of scientific experiments, or any other medical
procedures not indicated by the state of the person concerned and nit
consistent with generally accepted medical standards
 o Rape and other forms of sexual violence
o Slavery & slave trade in all their forms
o Uncompensated or abusive force labor
o Hostage-taking
o Use as human shields
o Enforced disappearance
o Arbitrary deprivation of liberty
o Collective punishments

Essential judicial guarantees that no one may be accused convicted or sentenced:

 Except pursuant to a fair trial on account of any act or omission which did
not constitute a criminal office under national on international law at the its
was committed, nor for a heavier penalty be imposed that that which was
applicable at the time the criminal offensive was committed

 Except on the basis of individual criminal responsibility

Otherwise what obtains would be what is called a “kangaroo court.”

The requirement of due process applies in all trials, including those of spies,
informers, infiltrators or “deep-penetration agents,” who may not be convicted or
sentenced without previous trial.

The following must also be respected:

 Personal convictions (beliefs) and religious practices

 Family life, as far as possible

What are the basic rules for the protection of person deprived of their liberty?

 They must be provided with adequate food, water, clothing, shelter, and
medical attention
 Women must be held in quarters separate from those men, except where
families are accommodated as family units, and must be under the
immediate supervision of women
 Children must be held in quarters separate from those of adults, except
where families are accommodated as a family unit
  They must be held in premises which are removed from the combat zone and
which safeguard their health and hygiene
 Pillage of their personal belongings is prohibited

 Their personal details must be recorded

 They must be allowed to correspond with their families subject to reasonable

conditions relating to frequency and the need for censorship by the
authorities
 They must be allowed to receive visitors, especially near relatives, to the
degree practicable

“We must understand the role of human rights as empowering of individuals and
communities. By protecting their rights, we can help prevent the many conflicts
based on poverty, discrimination and exclusion (social, economic and political0
that continue to plague humanity and destroy decades of development of human
rights violations that lead to conflicts, which in turn, lead to more violations must
be broken. I believe we can break I ton by ensuring respect for all human rights’”

-Mary Robinson
Former UN High Commissioner for Human Rights

ACTIVITY NO. 1

As future Law Enforcer upholding the rule of law, choose 2 fundamental

principles of International Humanitarian Law and explain.
The Distinction Between Combatant and Civilians\: As a Law enforcer we must
elaborate the difference of Civilians to Combatants, Civilians are anyone who has
capable and in capable of defending themselves but not Participating to hostile
acts.

Principle Of Proportionality: Incidental Damages or collateral damages must

not be excessive in relation to direct and concrete Military advantage anticipated
to the operation.
ACTIVITY NO. 2

In the Philippine context, who are among legitimate military targets? What
happens if in the course of their operation they were apprehended? Explain
your answer

Members of AFP, CAFGU & other armed personnel assisting the defense of the
Philippines, including PNP elements who have combat duties.

Members of “Self-defense” or vigilante groups, directly participating in

hostilities

Civilians officials like barangay captain, directly participating in hostilities

Members of dissident armed forces (e.g. NPA, MILD), their part-time militia,
while the latter are directly participating in hostilities.

If In the middle of their Operations that these parties are being apprehended there
is a possible escalate of tension and contact between the two parties that can result
in worsening the scenario that can result in greater collateral damages and worst
death.

ACTIVITY NO. 3
Who is a person considered HORS DE COMBAT? Explain your answer by
citing an example.

Hors De Combat: Are anyone who has no ability or no intention to engage in

Hostile act. (e.g.) Captives, elderly, wounded soldier who has no capacity to
participate in hostile engagement, and Children.

LESSON 4

ENGAGE: K-W-L CHART

Fill in the K-W-L chart with the needed information. K stands for what you
KNOW about the lesson, W stands for what you WANT to learn about the lesson
and L stands for what you LEARNED about the lesson.

The L column being the last column should be filled in at the end of the lesson.
Therefore, before going to the main part of the lesson, the
KNOW AND WANT columns should be filled in first.

K… KNOW

W… WANT

 What are the different factors to issue a writ of habeas corpus

 What are the different factors to issue a writ of Amparo
 What are the different factors to issue a writ of data
L… LEARN

 “Habeas corpus’’ is a Latin phrase which literally means “you have the
body.” The writ is an order to the person in charge of someone’s detention
to deliver the named person so that the court can investigate the legality of
his imprisonment. Basically, it is a writ directed to the person detaining
another, commanding him to produce the body of the prisoner at a
designated time and place and explain the cause of his detention. The Writ
of Habeas Corpus generally extends to all cases of illegal confinement of
detention by which a person is deprived of liberty, or the rightful custody
of a person is withheld from the person is withheld from the person
entitled to it.
Writ of Amparo
 The Writ of Amparo is of Mexican origin, Amparo means protection
from the Spanish word “Apara.” It is a remedy available to any person
whose right to life, liberty, and security has been violated or is threatened
with violations by an unlawful act or omission of a public
official/employees, or of a private individual or entity.
Writ of Habeas Data
The Writ of Habeas Data is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act or
omission of a public official or private individual. The writ of habeas data
enables the petitioner to invoke the rights to privacy and right to information.
In Latin America, the writ has been used to enable the petitioner to obtain
information about himself from public or private records. This has been
particularly useful in cases of extrajudicial killings and enforced disappearances
as the families of victims could demand undisclosed information. In cases where
data about the petitioner has been falsified, the petitioner can use the writ of
habeas data to correct the data.

Legal Remedies in Cases of Enforces Disappearances & Extra-Judicial
Killings

Writ of Habeas Corpus

“Habeas corpus’’ is a Latin phrase which literally means “you have the body.”
The writ is an order to the person in charge of someone’s detention to deliver the
named person so that the court can investigate the legality of his imprisonment.
Basically, it is a writ directed to the person detaining another, commanding him to
produce the body of the prisoner at a designated time and place and explain the
cause of his detention. The Writ of Habeas Corpus generally extends to all cases of
illegal confinement of detention by which a person is deprived of liberty, or the
rightful custody of a person is withheld from the person is withheld from the
person entitled to it. ( htt://phbar.org)

Writ of Amparo

The Writ of Amparo is of Mexican origin, Amparo means protection from the
Spanish word “Apara.” It is a remedy available to any person whose right to life,
liberty, and security has been violated or is threatened with violations by an
unlawful act or omission of a public official/employees, or of a private individual
or entity. (htt://en.wikipedia.org)

The writ is issued in cases of extrajudicial killing and enforced disappearances or

threats thereof. (Sec 1 rule on the Writ of Amparo, A.M. No. 07-9-12-SC, 25 Sept
2007)

In the event that the Writ of Amparo is issued against any member of the FP, by
the Supreme Court, Court of Appeals, Sandiganbayan or any Justice of such court,
and the Regional Trial Court, the following riles of action shall be strictly followed
by the units concerned as provided by the AFP policy directive on Actions and
Defense under the

Rule on the Writ of Amparo dated Dec 17, 2007:

1. To verify the identity of the aggrieved party;

 2. To recover and preserve evidence related to the death or disappearance of
the person identified in the petition or whose right to life, liberty or security
is threatened with violation of an unlawful act or omission as alleged in the
petition that, may aid in the prosecution of the person’s responsible;

3. To identify witnesses and obtain statement from them concerning the death
or disappearance;
4. To determine the cause, manner, location and the time of death or
disappearance as well as any pattern of practice that may have brought about
the death or disappearance;
5. To identify and apprehend the person/s involved in the death or
disappearance; and,

6. To bring the suspected offender before a competent court

Writ of Habeas Data

The Writ of Habeas Data is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act or
omission of a public official or private individual. The writ of habeas data enables
the petitioner to invoke the rights to privacy and right to information.

In Latin America, the writ has been used to enable the petitioner to obtain
information about himself from public or private records. This has been
particularly useful in cases of extrajudicial killings and enforced disappearances as
the families of victims could demand undisclosed information. In cases where data
about the petitioner has been falsified, the petitioner can use the writ of habeas data
to correct the data.

The writ can also be used to invoke the right to privacy. The writ enables a person
to know the purpose in which the data about himself is being collected. (A.M. No.
08-1-16 SC, Jan 22, 08 – The Rule on the Writ of Habeas Data)

When a Writ of Habeas Data is served, the respondent shall observe the
following:
 1. The respondent shall file a verified written return together with
supporting affidavits within five (5) work days from service of the writ,
which period may be reasonably extended by the Court for justifiable
reasons.
2. The return shall, among other things, contain the following:
a. The lawful defenses such as national security, state secrets, privileged
communication, confidentiality of the source of information of media and
others;
b. In case of respondent in charge, in possession or in control of the data or
information subject of the petition:
 A disclosure of the data or information about the petitioner, the
nature of such data or information, and the purpose of its
collection;
 The steps or action taken by the respondent to ensure the security
and confidentiality of the data or information;

 The currency and accuracy of the data or information held; and,

c. Other allegations relevant to the resolution of the proceeding.

(A.M. No. 08-1-16 SC, Jan 22, 08 – The Rule of the Writ of Habeas
Data)
ACTIVITY NO. 1

What are the differences between Writ of Habeas Corpus and Writ of
Amparo? enumerate and explain.

WRIT OF HABEAS CORPUS: is Designed to mandate the freedom of the

prisoner against the abductor. In the other hand WRIT OF AMPARO: Assures the
protection of a person against possible harm.

ACTIVITY NO. 2

What are the instances when to issue writ of habeas corpus and writ of
amparo? Cite an example and Explain.

WRIT OFHABEAS CORPUS: Can be issued in all cases of illegal confinement or

detention by which the rightful custody of any person is withheld from the person
entitled thereto. (e.g.) Person (A) is travelling in a correctional convoy and he is
the husband of person (B)so person (B) together the relatives of person A
ambushed the convoy to help them take person A back home.

WRIT OF AMPARO: Is a remedy available to any person who has the right to life
and liberty and security threatened with violation by an unlawful act or omission
of a public or private individual or entity and covers extralegal killings and
enforced disappearances. (e.g.)Person A Is a Whistle blower against the anomaly
of Person A, And proves the guilt of person A. However Person A is a Politician of
the Municipality and known to have Private army to protect and avenge him. So
person (B) is on his way home after the trial an received an anonymous text
threatening about his life and his family`s life to be endangered. So he ask for
protection and he was given a witness protection program.
LESSON 5

ENGAGE: K-W-L CHART

Fill in the K-W-L chart with the needed information. K stands for what you
KNOW about the lesson, W stands for what you WANT to learn about the lesson
and L stands for what you LEARNED about the lesson.

The L column being the last column should be filled in at the end of the lesson.
Therefore, before going to the main part of the lesson, the
KNOW AND WANT columns should be filled in first.

K… KNOW

International Humanitarian law is a law that regulates military actions to minimize the terror of
a warfare and to maintain the efficiency of replenishments of basic commodities of the people
in distress.

Instrumentations of arms has to be accordance with the law. That these weapons should not
create mass destructions and not cause to destroy the Attacked area for a long period of time.

W… WANT

 What are the different limitations during the time of war?

 What are the different factors to consider upon attacking military facilities and
personnels
 What Is the Real essence of International Humanitarian law.
 L… LEARN
Limitations on means and methods of warfare
 Parties to a conflict must at all times distinguish between civilians
and combatants
 Indiscriminate attacks are prohibited
 Weapons that are inherently indiscriminate or have indiscriminate
effects must not be used. [Arts. 48 & 51, AP I]
 It is prohibited to employ methods or means of warfare which are
intended or may be expected to cause widespread, ling-term and
severe damage to the natural environment. [Art. 35, AP I)

INTERNATIONAL HUMANITARIAN LAW:

Means (and methods) of warfare

INTERNATIONAL HUMANITARIAN LAW

Protects persons who are not, or no longer, participating in the hostilities, as

well as certain places and objects;
Restricts the rights of the warring parties to use the means and methods of
warfare of their choice;

Limitations on means and methods of warfare

The right of the Parties to the conflict to choose methods and means of warfare is
not unlimited. [Art.22, Hague C. & Art. 35 AP I]

It is prohibited to employ the means and methods of warfare of a nature to cause

superfluous injury or unnecessary suffering [Art. 23, Hague C. & Art. 35, AP
I]
Declaration of Saint Petersburg (1868)

 That the only legitimate object which States should endeavor to accomplish
during war is to weaken the military forces of enemy;

 That for this purpose it is sufficient to disable the greatest possible number
of men;
 That this object would be exceeded by the employment of arms which
uselessly aggravate the sufferings of disabled men, or render their death
inevitable;
 That the employment of such arms would, therefore, be contrary to the laws
of humanity.

Prohibition to cause superfluous injury or unnecessary suffering

 Requires that a balance to be struck between military necessity and the

expected injury or suffering inflicted
 Excessive injury or suffering, that which is out of proportion to the military
advantage sought
 alternative means available offering an equivalent military advantage
 harm greater than that unavoidable to achieve legitimate military
objectives
 inevitability of permanent disability
 renders death inevitable

 lances or spears with a barbed head

 serrated-edged bayonets
 bullets which expand or flatten easily in the human body
 poison and poisoned weapons
 weapon the primary effect of which is to injure by fragments which in the
human body escape detection by X-rays

Limitations on means and methods of warfare

  Parties to a conflict must at all times distinguish between civilians and
combatants
 Indiscriminate attacks are prohibited
 Weapons that are inherently indiscriminate or have indiscriminate
effects must not be used. [Arts. 48 & 51, AP I]
 It is prohibited to employ methods or means of warfare which are
intended or may be expected to cause widespread, ling-term and
severe damage to the natural environment. [Art. 35, AP I)

Martens Clause

In cases not covered by international agreements civilians and combatants remain

under the protection of the principles of international law derived …

 from established custom

 from the principles of humanity and
 from the dictates of public conscience

Regulation of Specific Weapons

 exploding bullets
 expanding bullets
 poison
 chemical weapons
 biological weapons
 non-detectable fragments
 blinding laser weapons
 cluster munitions
 mines, booby traps and other similar explosive devices
 incendiary weapons

Certain Anti-personnel weapons

 bullets which explode within the human body (1868)

 bullets which expand or flatten easily in the human body (1899)
  poison (1899)

Weapons of mass destruction

 Asphyxiating gases ( 1925)

 Biological Weapons ( 1972)
 Chemical Weapons (1993)

Nuclear Weapons

 The principles and rules of international humanitarian law apply to the use
of nuclear weapons
 The use of nuclear weapons would generally be contrary to the principles
and rules of the international humanitarian law.

The 1980/2001 Convention on Certain Conventional Weapons

 Prohibitions
 use
 development, production, stockpiling, transfer, export/import, …

 Limitations
 on specific types of certain weapons
 on use in certain circumstances
 Preventive measures

 prohibitions
 limitations on specific types of certain weapons
 limitations on use in certain circumstances

The 1980/2001 Convention on Certain Conventional Weapons

 weapons the primary effect of which is to injure by fragments which in the

human body escape detection by X-rays (1980)
 laser weapon specifically designed to cause permanent blindness (1995)

Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-traps

and Other Devices (amended, 1996)
  General restriction on the use, of mines, booby-traps and other devices
 Restrictions on the use of remotely-delivered mines
 Prohibitions on the use of booby-traps and other devices
 Transfer of anti-vehicles mines
 Recording and use of information of minefield, mined areas, mines, booby-
traps and other devices
 Removal of minefields, mined areas, mines, booby-traps and other devises
 Protection from the effects of minefields, mined areas, mines, booby-traps
and other devices

Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons

(Protocol II)

Incendiary Weapons

” any weapon or ammunition which is primarily design to set fire to objects or to

cause burn injury to persons through the action of flame, heat, or combination
thereof, produced by a chemical reaction of a substance delivered on the target.”

Conventional weapons

 Incendiary weapons (1980)

 Anti-vehicles mines, booby-traps (1980, amended 1996)

Exclude:

 Munitions which may have incidental incendiary effects (illuminants,

tracers, . . . ;
 Munitions designed to combine penetration, blast or fragmentation effects
with an additional incendiary effect
o Armour-piercing projectiles
o Fragmentation shells,
o Explosive bombs and
o “similar combined-effects munitions in which the incendiary effect in
not especially designed to cause burn injury to persons, but to use
 against military objectives, such as armored vehicle, aircraft and
installation or facilities.”

Protocol on Prohibitions or Restriction on the Use of Incendiary Weapons

(Protocol III)

Protection of civilians and civilian objects

It is prohibited in all circumstances:

 To make the civilian population as such, individual civilians or civilian

objects the object of attack by incendiary weapons.
 To make any military objective located within a concentration of civilians
the objective of attack by air-delivered incendiary weapons.

 To make any military objective located within a concentration of civilians

the object of attack by means of incendiary weapons other than air-delivered
incendiary weapon except when military objective is clearly separated from
the concentration of civilians and all feasible precautions are taken.

Anti-personnel landmines:

Ottawa treaty (1997)

Use

Development

Production

Transfer

+destruction of stockpiles (4 y.)

+mine clearance (10 y.)

Anti-personnel Mines
“ . . .a mine designed to be exploded by the presence, proximity or contract of a
person and that will incapacitate, injure or kill one or more persons.”

(Article 2 (1))

Are not covered:

 Anti-ship mines
 Anti-vehicle mines
 Anti-tank mines

Protocol on Blinding Laser Weapons (Protocol IV) (1995)

 to employ laser weapons specifically design, as their sole combat functions

or as one of their combat functions, to cause permanent blindness to
unenhanced vision, that is to the naked eye or to the eye with corrective
eyesight devices.
 To transfer such weapons to any State or non-State entity.

Does not cover:

“blinding as an incidental or collateral effect of the legitimate military employment

of laser systems, including laser systems used against optical equipment.:

Cluster Munitions

 a response to the severe and reoccurring humanitarian problems caused by

these weapons
 Negotiated by 107 States with 33 States and organizations participating as
observes.
 Significant input and expertise from civil society.

Definition of “cluster munition”

  A conventional munition that is designed to disperse or release explosive
submunitions each weighing less than 20 kilograms, and includes those
explosive submunitions.
 Excludes munitions with fewer than 10 submunitions, if each submunition
is:
o Designed to engage & detect a “single target object”,
o Equipped with electronic self-destruction and deactivation feature;
o Moe than 4 kg.

Protection from the use and prevention of misuse of weapons

 marking and clearance, removal or destruction of explosive remnants of war

in affected territories
 legal review of new weapons
 controlling the availability of weapons
 regular arms transfers
o prohibited weapons
o non-State actors
o trade in weapons: IHL & HR criteria

Protocol V on Explosive Remnants of War (2003)

 Responsibility of each State and party to an armed conflict with respect to all
with respect to all explosive remnant of war in the territory under its control

 Marking and clearance, removal or destruction of explosive remnants of war

in affected territories under its control explosive remnants of war in the
territory under its control
 Clear ERW in territory it controls after the end of active hostilities.

 Provide assistance to facilitate the removal of ERW in areas it does not

control resulting from its operations.
  Take all feasible precautions to protect civilians from the effects of ERW.

 Record and share information with organizations involved in mine/ERW

actions.

Legal review of new weapons (AP-I)

In the study, development, acquisition or adoption of a new weapon, means or

method or warfare, (a State) is under an obligation to determine whether its
employment would, in some or all circumstance, be prohibited by . . . any rule of
international law applicable to the (concerned state).

Availability of small arms & light weapons (ICRC Study, 1999)

Humanitarian consequences of the wide availability of small arms &light weapons

 Increasing level of violence, in particular in non-international armed

conflicts
 Increased likelihood of violation of IHL

State should better control the circulation and availability of such weapons on their
territory

Arms Trade Treaty . . . in the making

 to include an obligation
 to assess the recipient’s likely respect for international humanitarian
law, and
 not transfer arms or ammunition if there is a clear risk that arms or
ammunition will be used to commit serious violations of IHL.

 also …
 not to transfer specific weapons or ammunition the use or transfer of
which has been prohibited, and
 not to transfer specific weapons or ammunition that are of a nature to
cause superfluous injury or unnecessary suffering or that are by nature
indiscriminate.
ACTIVITY NO. 1

What is the importance of International Humanitarian Law in the means and

methods of warfare? Explain your answer

For me the importance of International Humanitarian law in the means and

methods of warfare is these laws regulates the military actions, they ensures that
the allowed weaponry only to be used in order to have a fair warfare and to ensure
that the destruction that the war is being made will be at minimal and the casualties
also is minimal and containable. These laws also ensures that the lives of the
parties not envolved is safe and spared during the time of engagement.

ACTIVITY NO. 2

 There are limitations on means and methods of warfare in accordance

with the International Humanitarian Law, what are they? explain. That
the only legitimate object which States should endeavor to accomplish
during war is to weaken the military forces of enemy;

The warfare between the nations should be Focused to opponent`s Military

personnel alone, and does not target civilian Properties, individuals, Basic
commodity sources and Medical Facilities

 That for this purpose it is sufficient to disable the greatest possible number
of men;

Disable in a sense to cut off Military Facilities incapacitating enemy Military

personnel to fight back incoming attacks.

That this object would be exceeded by the employment of arms which uselessly
aggravate the sufferings of disabled men, or render their death inevitable;
The After effects of the employment of arms should be useless in worsening the
effect and injuries to the civilian people and military personnel, And does not
cause instant death to the target people.

 That the employment of such arms would, therefore, be contrary to the laws
of humanity.

The employment and usage of the arms should be in accordance of the law,
The arms used should be in the legal those types of authorize weapons that
doesn’t cause large damages and injuries that can affect civilians nearby to
the target.

ACTIVITY NO. 3

What are the humanitarian consequences of the wide availability of small

arms and light weapons? Elaborate your answer

The Humanitarian consequences of the wide availability of small arms and light
weapons are: The accessibility of the masses to small and light weapons, regular
people can possess weapons and can make crimes using that purchased weapons,
People can use the weapon to gain profit by causing harm to someone, something.
Accessibility to weapons can cause terror and can jeopardize people safety and
security. This also can cause damages to public and private properties.