DISTINCTION. PRECAUTION. PROPORTIONALITY.

Day 1: November 7, 2023

ICRC *ICRC plays NO ROLE

 Mandated work - investigation and prosecution of violations
 Global presence
Promotes RESPECT for humanitarian action and
ICRC dialogue with weapon bearers IHL
ASSISTANCE
 Neutral  Recovery and resilience-building
 Impartial
 Independent Calamities
 Humanitarian organization  IFRC and PRC

CONCERN: situations of armed conflict and other Armed Conflict

violence  ICRC and PRC

Wounded Committee for Wounded Soldiers  3rd LENS

ICRC  Mission
 Welfare of troops
 Not a human rights organization
 Not NGO/IGO PROTECTION
 Not part of the UN  Ensure that authorities and other actors
respect their obligations and the rights of
 Private association established by private individuals to preserve safety, physical
individuals under Swiss law with mandate integrity and dignity
given by the Geneva Conventions AIM:
signatory-States  Prevent/put an end to violations of rules of
 Granted observer status to the UNGA war
which brings it on the same footing as an
International Organization ADDRESSING
 Causes of violations and circumstances
BASES
1. Geneva Conventions WHO ARE PROTECTED
2. Status of the Red Cross Red Crescent
Movement ICRC’s Protection Dialogue
3. Resolutions from Movement Conferences Event occurs
Documentation (confidential)
OUR TASKS Analysis
 Protect lives and dignity Dialogue with weapon bearers (confidential)
 Of people affected by armed conflict Follow up with affected persons and weapon
 Promote respect IHL and its implementation bearers (confidential)
 Given by international community Case closed or raised at a higher level
(confidentially)
CORE ACTIVITIES
1. Protection of lives and dignity of victims of **ICRC’s role does not start when the conflict
armed conflict and other violence commences
2. Promotion of the respect for humanitarian  Preventive war
action and the laws of war
3. Providing assistance Protection of Civilian
4. Cooperation with the National Societies Visit Detainees
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
Protecting Family Links (PFL) and Missing
**unnecessary suffering and superfluous violence
Healthcare in Danger: patients, HC professionals,
HC facilities, ambulance, transport and staff
 Assume that they are civilians
IHL
 Set of rules
DAY 2
4 GENEVA CONVENTIONS CLASSIFICATION OF ARMED CONFLICTS:
3 ADDITIONAL PROTOCOLS THRESHOLD AND GEOGRAPHIC SCOPE
WEAPON TREATIES Presented by Kelisiana Thynne
OTHER TREATIES: Arms Trade Treaty > put a
stop to the illicit trade of weapons IAC – Art. 2
NIAC – Art. 3 (common article)
Internal Disturbances and Tensions – IHL does not
SOURCES OF IHL apply
 1949 GCs: common article 3 >> additional protocol 2
 NIAC
 Persons taking no active part in hostilities:
treated humanely UNSC Resolution (Chapter 7)
 Prohibited acts include murder  Final say to classify what an ARMED
CONFLICT IS
CUSTOMARY INTERNATIONAL HUMANITARIAN
LAW IHL vs. IHRL: A comparison
 State practice
 Opinio juris IHRL IHL
- binds ONLY states - Any party to the
IAC through their conflict
governments
 Requirement for level of violence
NON-STATE ACTOR
NIAC - Non-State Armed
 State vs. NSAGs, or Groups: can violate if
 Between NSAGs they exercise such kind
of control
NSAGs should have a certain level of being
organized Military Combatants
1. Organization - Look at the
2. Intensity perpetrator (if govt din,
then a military person
can also be a victim of
IHL PRINCIPLES
human rights violation)
1. DISTINCTION
2. PRECAUTION
 Constant care to spare civilian population,
civilian and civilian objects/minimize
incidental loss of civilian life, injury and
damage DEROGATION OF RIGHTS
3. PROPORTIONALITY  Temporarily suspended
 Incidental loss that would be excessive in
relation to the C&D military advantage
anticipated
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
IHRL  ONLY PURPOSE: prevent combatant from
 Some rights can be temporarily suspended further participating to hostilities
during public emergency under strictions
 Right to travel
 Conceived under the presumption that USE OF RUSES/COVERT OPERATIONS
everything is normal>> derogation may be IHRL
allowed  Undercover operations: permitted
IHL
IHL  Prohibited to kill, injure, capture by
 Cannot be suspended under any pretending to be civilian/protected
circumstances  DISTINCTION (enemy must know the
 No derogation because the presumption is enemy)
that everything is chaotic
HOSTILITIES (IHL) LAW ENFORCEMENT
DUTY TO INVESTIGATE (IHRL)
IHRL – clear duty to investigate  Resort to means Maintaining, resorting
and methods of or otherwise imposing
IHL – investigate only death that involve IHL warfare with the LAW & ORDER, if
violations aim of harming necessary through
each other coercive means
(deaths resulting from failure to observe laws of
including armed force
war)
 Mere act of killing an enemy: not violation
MILITARY NECESSITY
IHL
USE OF FORCE
 Valid military objective
IHRL
 Neutralize/eliminate/weaken enemy
 Use of deadly force ONLY IF absolutely
necessary to stop an imminent threat
IHRL
 Proportional : legitimate target for
NO other means
legitimate objective (self-defense)
 Valid, legal justification for the use of force
IHL
PROPORTIONALITY
 Use of deadly force: permitted
IHL
 Collateral damage
PERMITTED WEAPONS
 Legitimate attack
IHRL
 Expanding bullets and riot control  Civilian consequence does not exceed the
agentschemical weapons that might lead to escalation (tear gas) attack
permitted
IHRL: proportionality of the harm against the LEA
 Bystanders should not be harmed
himself/herself by the subject of the operation
IHL
PRECAUTION
 Prohibition on weapons that would cause
IHL
UNNECESSARY SUFFERING
 Civilians
 Exercise actions to ensure safety of civilians
DETENTION REGIME
IHRL
 Can have punitive (ie criminal) detention
IHRL
 Precaution to the subject himself
IHL
 Never punitive
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
WARNINGS RA 9851
3 Categories of Crimes (W-G-O)
ACCOUNTABILITY Tactical interrogation
 Duty to investigate  GR: not allowed to be used for MINORS

DAY 4 GUIDELINES ON INVESTIGATIONS IN ARMED

DOMESTIC LAWS IMPLEMENTING IHL CONFLICT
 Process
1. RA 9851  Expert meetings
2. RA 11188: Children in Situations of Armed  Research
Conflict  Expert Consultations
3. Emblem Law: RA 10530
 FORMAT
 Protect human dignity  16 guidelines with commentary
 Reduce suffering  Aimed at States
a) PUTTING LIMITS ON HOW WARS ARE  Decision to use law, policy and good
FOUGHT practice
b) PROTECTING PEOPLE
 Not fighting IMPORTANCE OF INVESTIGATIONS INTO
 No longer fighting VIOLATIONS OF IHL
 Accountability, prevention, redress
RA 11188
 Definition of children (Sec. 5.g) CRIMINAL INVESTIGATION
 Classification of children: to know the GUIDELINE 1: Recording
obligations/rules we have for each class  Importance of First Stages
1. CAAC – 5.i.  Routine recording of information surrounding
2. CIAC – 5.j military operations
3. CSAC – 5.k  Recording Procedures

 Presumption of Minority
Guideline 1
Letter Directive Number 52
- Recording
- In line with AFP’s legal offensive against
CTGs: there’s this movement for the
Emblem Law: RA 10530
creation of QRT who are members of
 It is the FUNCTION, NOT THE SYMMBOL,
Divisions or Battalions; First responders in
which entitles one of protection
the crime scene
- QRT
PERFIDY
 Use with INTENT to gain advantage or to
cause harm
GUIDELINE 2: Actions at the scene of an incident
DIGITALIZING THE EMBLEM
 Focuses on Commander and what to do
 Systems and data they hold are protected
from any harm under IHL in times of armed
GUIDELINE 3: Reporting
conflict
 Reporting obligations of commanders
 Cyber-attack
 What should be reported
 Operationalizing reportable incidents: State
practice
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
GUIDELINE 4: Internal reporting
 Internal process for members to report
possible violations
 Accessibility and efficiency
 Protection for those reporting
GUIDELINE 5: Receipt of External Allegations
 Setting up an accessible and effective
procedure to receive external allegations
GUIDELINE 6: Assessment
 Assessing the credibility of allegations
Guideline 7: Criminal investigations
Guideline 8: Criminal investigations
Guideline 9: Criminal investigations – promptness
Guideline 10: Transparency
Guideline 11: Fair Trial guarantees
 Rights of the accused
 Rights of the victims
ADMINISTRATIVE INVESTIGATION
Guideline 12: Administrative investigations into acts
of individuals
 Mock trial within the Justice Dept to prepare
for eventual trial
 Akin to a case conference
 Panel who will ask questions
 arguments
DAY 5
CONDUCT OF HOSTILITIES - Protection of
Civilians
 WHO IS PROTECTED UNDER IHL
 PROTECTED CIVILIANS
 CIVILIAN
 DIRECT PARTICIPATION IN HOSTILITIES
DISTINCTION
 Civilians vs. Combatants (Protected and
Non-Protected)
 Civi objects vs. Legitimate Targets
Protected Persons – Geneva Conventions
a) Wounded and sick – GC I, AP I
b) Wounded, sick, shipwrecked – GC II, AP I
c) Prisoners of War – GC III, AP I
 Once detained, no longer a threat; no longer
fighting
d) Civilians in the power of the enemy – GC IV,
AP I

Guideline 13: Administrative investigations into IAC NIAC

systemic issues Civs in the power of the
enemy
 Systemic issues and violations of IHL
Wounded, sick and
 Pattern of problems: need for cross-cutting shipwrecked
POWs
Guideline 14: Establishing responsibility
 Responsibility for violations of international PROTECTED PERSONS – Geneva Conventions
law  Medical and religious – GC I/II, AP I/II
 Assessing State responsibility in the  Children – GC III/IV, AP I/II
investigative process  Humanitarian relief personnel – AP I/UN
 Remedial action Convention (1994)
 UN personnel in PK missions – UN
Guideline 15: Policy-related violations Convention (1994)

Guideline 16: Legal Advisors PROHIBITED ATTACKS

 Direct Attacks
- On civ population
MINI MOOT COURT COMPETITION - On individual civilians
- On civilian objects
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
Combat Function
 Indiscriminate attacks (attacked w/o (CCF)
checking; random shooting/bombing)
- Not directed at a specific military objective Direct Participation in Hostilities
- Method/means w/c cannot be directed at a - Civs are protected against direct attack
specific military objective; or unless and for such time as they directly
- Methods/means of combats the effects of participate in hostilities
which cannot be limited as required
- Disproportionate (distinction + 1. Direct Harm
proportionality) 2. Proximate Cause
>> incidental loss/injury: excessive in 3. Belligerent Nexus
relation to the concrete and direct military
advantage anticipated *need to have a mandate before one can
directly participate in hostilities
WHO IS A CIVILIAN?
- When in doubt, presume that they are Generic: Civs are those persons who are not
civilians members of organized armed forces or groups
- GOOD INTEL (see surrounding belonging to a state/non-state army to an armed
circumstances to identify them) conflict
- Not a combatant/fighter
Regular Armed Forces
- Formal membership regulated in domestic
WHO IS A COMBATANT, THEN?
law
- Applies only in international armed conflicts
Irregular Armed Forces functional membership
- Members of organized armed forces,
based on CCF (e.g. SAF)
groups and units under a command
responsible to a Party to the conflict
YOU NEED A NEXUS TO THE ARMED
- Allowed to fight, to shoot and shall not be
CONFLICT BEFORE YOU CAN BE A
prosecuted for such
LEGITIMATE TARGET
Duties:
Participation
- Have a fixed distinctive sign
- Individual involvement in collective
- Carry arms openly
hostilities
- Conduct operations in accordance to IHL
Direct/Indirect Participation
Breach of those Duties - Indicates intensity and degree of individual
- Depends on the country/State involvement

MEMBER OF ARMED FORCES/FIGHTING 3 CUMULATIVE ELEMENTS

FORCES OF A PARTY 1. Threshold of Harm – act in question must
be likely
State Party Non-State Party  To adversely affect the military
Members of regular … operations/military capacity of a party to the
armed forces conflict; or
Members of irregular Members of dissident
 To inflict death, injury or destruction on
armed forces (militias armed forces or
persons or objects protected against direct
and other volunteer organized armed
corps) of a Party groups attack

 Who assume a EXAMPLE: use of human shield

continuous fx
 Continuous 2. Direct Causation
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- Direct causal link between the act in
question and the harm likely to result
EXAMPLE: civilian transporting weapon to a NSAG
3. Belligerent Nexus
- Act must be designed to directly cause the
required threshold of harm in support of a
party to the conflict and to the detriment of
another
WHEN CIVILIANS LOSE PROTECTION
- For the duration of SPECIFIC ACT
1954 HAGUE CONVENTION AND ITS 2
PROTOCOLS
Civilian Objects
Categories
- Cultural
- Civil Defense
CULTURAL PROPERTY
- Damage to the cultural heritage of all
mankind
- Has protection on various levels: considered
as civilian objects
- ONLY tangible property is protected
GENERAL PROTECTIONS
I. SAFEGUARDING
- PH has not yet ratified 1954 Hague
Conventions and its Protocols but PH has
domestic laws
- Protocol II: preparation of inventories, planning
of emergency measures for protection against
fire/structural collapse
II. RESPECT
1. Not use for any purpose likely to expose it
to destruction/damage
2. Not direct any act of hostility against cultural
property;
3. Prohibit, prevent, and if necessary, put a
stop to any form of theft, pillage or
misappropriation of, and any acts of
vandalism directed against cultural property;
4. Refrain from requisitioning movable cultural
property situated in the territory of another
State party
Obligations (1) and (2) may be waived on the basis
of imperative military necessity
Protocol II, 1999 Article 6
 This waiver may be invoked
1. Obligation (1), ONLY if there is no
feasible alternative available to obtain a
similar military advantage
2. Obligation (2), ONLY when the property,
by its fx, been made into a military
objective and there is no feasible
alternative available to obtain a similar
military advantage
EFFECTIVE advance warning must be given,
circumstances permitting
III. PRECAUTION
- Move cultural objects AWAY from military
objectives
- Refrain attack that may cause incidental
damage
IV. OCCUPATION
Article 9 - Protection of cultural property in
occupied territory
1. Without prejudice to the provisions of
Articles 4 and 5 of the Convention, a Party in
occupation of the whole or part of the territory of
another Party shall prohibit and prevent in relation
to the occupied territory:
a. any illicit export, other removal or transfer of
ownership of cultural property;
b. any archaeological excavation, save where this
is strictly required to safeguard, record or preserve
cultural property;
c. any alteration to, or change of use of, cultural
property which is intended to conceal or destroy
cultural, historical or scientific evidence.
2. Any archaeological excavation of, alteration to,
or change of use of, cultural property in occupied
territory shall, unless circumstances do not permit,
be carried out in close co-operation with the
competent national authorities of the occupied
territory.
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
the other state has no consent (IAC, e.g.
SPECIAL PROTECTION another layer above general protection Occupation)
ENHANCED PROTECTION even higher form of protection  NIAC
Protocol II (1999) - “organized” group
1999_Protocol_Guidelines_EN_2020.pdf - Minimum level of intensity
(unesco.org)
…back to weapons
DISSEMINATION ADDITIONAL PROTOCOL I art 35 (1)
- The right of the parties to the conflict to
choose the means and methods of warfare
PROTECTION OF CIVILIAN OBJECTS is not limited
- All objects which are NOT a military
objective Means of Warfare
- Weapons
MILITARY OBJECTIVE
 AP I. Art. 52 (2) Methods of Warfare
- Use, Location, Purpose/Objective - Strategy (e.g. starvation of civilians as
methods of warfare)
Environment – Civilian Object
MARTENS CLAUSE
OBJECTS SPECIALLY PROTECTED - Even if no rule seems to apply to the
3 Orange Circles specific situation, it remains governed by
 Dams, Dykes, nuclear powerplant  Principles of Humanity
 Dictates of Public conscience
Blue Equilateral Triangle w/ Orange Background - Catch-all
 Civil Defense - Certain level of humanity

Rights of the Parties to the conflict to choose

means and methods of warfare: NOT UNLIMITED
Prosecution, prove first that IHL applies:
there is an armed conflict, NOT R-D-Ov
2 Types of Restrictions/Prohibitions
1. General Limitations: apply to all
DAY 6
2. Specific Limitations: apply to certain
weapons
WEAPONS
- Obligations
RULES ON THE CONDUCT OF HOSTILITIES
- Explosive weapons 1. Distinction
- Victim-activated Anti-Personnel Mines
Legal Framework to Regulate Weapons
- What is it like in terms of accuracy
- Atty. Jeffrey Sison
2. Proportionality – balance between military
advantage and the loss of civilian lives
No treaty for AUTONOMOUS WEAPONS SYSTEM
3. Precautions in Attack
(AWS)
- Regulate war weapons 3 ADDITIONAL GENERAL PRINCIPLES
- what about IRON DOME?? 1. Have indiscriminate attacks – biological
weapons meant to be contagious; nuclear
AVOID UNNECESSARY SUFFERING weapon, violates principle of distinction
- okay lang ‘to wage war, to go agitated as 2. Cause superfluous injury and unnecessary
long as regulated suffering – poison weapons, chemical
 Element of CONSENT: even if no weapons
resistance from another country, as long as
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
3. Cause severe damage to the environment –
long-term, widespread and severe damage;
Agent Orange: chemical herbicide
PROHIBITION OF AREA BOMBARDMENT
(carpet bombing)
- Art 51(5)(a) AP I
vs
PREPARATORY FIRE
BOMB DAMAGE ASSESSMENT
Key element of Precaution
- Choice of Weapons
- In the hands of the commander
Article 36 of Additional Protocol I of the 1949
Geneva Conventions is a legal obligation for
states to review the legality of new weapons,
means and methods of warfare1234. The review
aims to determine whether the use of such
weapons, means or methods would be prohibited
by international law in some or all circumstances12.
The review process is also known as a weapon
review, legal review or Article 36 review23. The
review applies to Lethal Autonomous Weapons
(LAWs) testing as well.
 Exploding Bullets
Convention on Certain Conventional Weapons
(CCW) – umbrella treaty
Protocol I – non-detectable fragments
Protocol II – mines, booby traps and other devices
(regulate such landmines)
Protocol III – Incendiary Weapons – primary
purpose: to burn
- Not prohibited, only regulated
- Bawal gamitin sa tao NERO KA GORL
- Unless
Protocol IV – blinding laser weapons
- Purpose: to blind permanently
Protocol V – explosive remnants of war
Outright prohibited
- AWS that is UNPREDICTABLE
APLM
- Command-detonated: allowed
- Automatic (victim-induced) – not allowed
Nuclear Weapon
- No explicit prohibition
- IHL rules apply
ARMS TRADE TREATY
- PH ratified in 2022
- does not prohibit weapons
BUT
- prohibits transfer of a weapon if the state
knows that it will be used to commit GRAVE
BREACHES of the GC or violations of
international treaties
 Prohibited in Some or All circumstances
 What are foreseeable effects based on its
Normal or Expected Use
DAY 7
RA 9851
BASICS
- Dec 11, 2009
- 9 chapters and 21 sections
(k) "Hors de Combat" means a person who: Prisoners of War
(1) is in the power of an adverse party;
(2) has clearly expressed an intention to
surrender; or
(3) has been rendered unconscious or
otherwise incapacitated by wounds or
sickness and therefore is incapable of
defending himself: Provided, that in any of
these cases, the person form any hostile act
and does not attempt to escape.
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
Chapter I – reasons why the law was created
Chapter III – heart of the law
Chapter V – new
JURISDICTION
- Cases are cognizable by the RTCs
- 11 IHL courts designated by the SC (Aug
2018)
- SC Reso: A.M. No. 18-07-25
(jurisdictional)
Sec 17 - Qualified Universal Jurisdiction
- Universal but qualified
Section 17. Jurisdiction.- The State shall exercise
jurisdiction over violations of RA 9851, regardless of
where the crime is committed,
BUT there must be a NEXUS to the Philippines:
a) The accused: Filipino citizen;
b) Regardless of citizenship: present in the PH;
c) Accused committed the said crime AGAINST
a Filipino citizen
Also applicable to non-State actors
- One of the major difference in comparison to
Anti-Terror Law (applicable only to State
actors)
Applies to All individuals: State or Non-State actors
IRRELEVANCE OF OFFICIAL CAPACITY
COMMAND RESPONSIBILITY: Sec 10
- Not found in RPC (only Principal, Accomplice
and Accessory)
- Incorporated in RA 9851
NON-PRESCRIPTION
- Commission of
3 MAIN OFFENSES
Section 4 – War Crimes
Section 5 – Genocide
Section 6 – Other Crimes Against Humanity
SC
a) In case of an international armed conflict (i.e.
between or among states), grave breaches of the
four Geneva Conventions of 12 August 1949, listing
nine (9) acts committed against protected persons
or property, as defined.
b) In case of a non-international armed conflict,
serious violations of common Article 3 of the same
Geneva Conventions, listing four (4) acts
committed against persons taking no active part in
hostilities.
c) Other serious violations of the laws and
customs applicable in armed conflict, within the
established framework of international law (but may
be said to be applicable to both international and
non-international armed conflicts, unless otherwise
specified), listing twenty-five (25) acts, inc. two (2)
specific to international armed conflict.
=> apply to both IAC or NIAC
Check Sec. 4
- IAC or NIAC
- Check the 9 acts under Sec 4.a.
- VERY IMPORTANT: give specific provision
(e.g, Sec. 4.b.1)
- specify the ACT itself
WHO COMMITS WAR CRIMES UNDER Sec 4?
1. Parties to an Armed Conflict (Sec 4)
- State members
- NS armed forces
- State authorities
 DISTINCTION. PRECAUTION. PROPORTIONALITY.

2. Civilians taking DIRECT part in armed Willful Killing

hostilities
3. In times of Armed Conflict - Perpetrator killed one or more persons
4. In relation to or in furtherance of an armed
conflict
+ Common Elements

VERY IMPORTANT: happened DURING armed TORTURE

conflict
- Committed with a purpose
- Laging may connect sa ARMED CONFLICT - Example: to obtain information

COMMON ELEMENTS OF WAR CRIMES

MUTILATION
1. Victims: protected under one or more of the - Disfiguring by permanently disabling or
GC 1949 removing an organ
2. Perpetrator: aware of the factual
circumstances that established that BIOLOGICAL EXPERIMENT
protected status - Seriously endangers Physical/mental health
- May evidence na alam niya - With purpose (experimenting on sleep
- Ex. One is riding an ICRC vehicle; waiving deprivation)
white flag
3. The conduct took place in the context of and TAKING OF HOSTAGES
was associated with IAC or NIAC - Seized/threatened
4. Perpetrator was aware of factual
- Compel a State/Org to act/refrain
circumstance that established the existence
- There must be a CONDITION (ex. Release
of an armed conflict
of captured combatants)

PLUS
War Crimes under Section 4 (b): NIAC
 (1) Violence to life and person, in particular,
willful killings, mutilation, cruel treatment and
torture;
- 4 war crimes
- Isa lang
 (2) Committing outrages upon personal dignity,
in particular, humiliating and degrading
treatment;
 (3) Taking of hostages; and
 (4) The passing of sentences and the carrying
out of executions without previous judgment
pronounced by a regularly constituted court,
xxx
Attacking Civilians
Denying Quarter (gas chamber)
Sentencing Execution without Due Process
Displacement of Civilian Population
Sexual Slavery
Forced Pregnancy
Sexual Violence
Pillaging
Displacement of Civilian Population
- Exodus: mass departure
WAR CRIME AGAINST COMBATANT
- Employing Prohibited Bullets
1. Perpetrator employed certain bullets that
expand/flatten in the human body;
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
2. Perpetrator was aware that the nature of the
bullets was such that their employment
would uselessly aggravate suffering or the
wounding effect
GENOCIDE
- Can be field even if there is no War
- Armed conflict: not a requirement
with INTENT to destroy, in whole or in part, a
national, ethnic, racial, religious, social or any other
similar stable and permanent group as such:
(1) Killing members of the group;
(2) Causing serious bodily or mental
harm to members of the group;
(3) Deliberately inflicting on the
group conditions of life calculated to
bring about its physical destruction
in whole or in part;
(4) Imposing measures intended to
prevent births within the group
- Eugenics (sterilization of those who
are poor or with history of mental
illness to prevent them from
reproducing
and
(5) Forcibly transferring children of
the group to another group.
(b) It shall be unlawful for any person to
directly and publicly incite others to
commit genocide.
ELEMENTS
1. INTENT to destroy
2. In whole or in part
3. N-E-R-R-S or
Any other stable and permanent
group
SREBRENICA, BOSNIA
UN_ Yugoslavia
*Case law of foreign tribunals can be used to
prosecute violations of Domestic IHL
Section 6. Other Crimes Against Humanity.
- Peace time and War Time
- Only against civilians
widespread or systematic attack
directed against any civilian population,
with knowledge of the attack:
ELEMENTS
1. There must be an Attack
- Widespread
- Systematic
2. Acts must be part of the attack
- Perpetrator KNOWS that his acts are
directly connected to the S&WA
3. Against Civilian Population
ICTY: The Kunarac Trial
Judgement noted:
"The widespread or systematic nature of the
attack is essentially a relative notion. The Trial
Chamber must first identify the population
which is the object of the attack and, in light of
the means, methods, resources and result of
the attack upon this population, ascertain
whether the attack was indeed widespread or
systematic."
"[The] consequences of the attack upon the
targeted population, the number of victims, the
nature of the acts, the possible participation of
officials or authorities or any identifiable
patterns of crimes, could be taken into account
to determine whether the attack satisfies either
or both requirements of a 'widespread' or
'systematic' attack vis-a-vis this civilian
population."
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
'Widespread' refers to the large-scale nature Apartheid
of the attack and the number of targeted
persons. 'Systematic' refers to the 'organized Immunity
nature of the acts of violence'. The existence
of a plan or policy can be indicative of the - Congressmen: NO
systematic character of the attack but it is not a
- President – YES
distinct legal element."
- Diplomatic – YES

xxxx

SECTION 6 - CRIMES
AGAINST HUMANITYmost Explosive weapons in populated areas

committed The use of explosive weapons that have a wide

impact area
 (g) Rape, sexual slavery, enforced
 Direct/indirect/reverberating effect on civilians
prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual
violence of comparable gravity;
 (i) Enforced or involuntary disappearance of *Explosive weapons – activated by detonation of a
persons; high explosive substance creating blast and
 (j) Apartheid fragmentation effect that have a WIDE IMPACT
 (k) Other inhumane acts of a similar character AREA
intentionally causing great suffering, or serious
injury to body or to mental or physical health. - large destructive radius

- large accuracy of the delivery system

(a) Willful killing;
- Designed to deliver multiple munitions over a wide
(b) Extermination; area

Against military objectives in populated area

- Intentional infliction of conditions of life
- deprivation
WIDE AREA EFFECTS + Close proximity of target to
civilians/civilian objects  High likelihood of
ENSLAVEMENT INDISCRIMINATE EFFECTS ON CIVILIANS
- Exercise of power attaching to the rights
of ownership over a person REVERBERATING EFFECTS - Impact well beyond
the immediate impact zone
RAPE, SEXUAL SLAVERY, FORCED
PREGNANCY and OTHER SEXUAL IHL FRAMEWORK
VIOLENCEas your evidence may point
- Pwede i-breakdown - Prohibition of indiscriminate attacks
- Prohibition of disproportionate attacks
- Prohibition of area bombardment
- Obligation to take all feasible precautions in
Arbitrary deportation or forcible transfer of population
attack
- Rohingya in Myanmar
When to use?
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- Calculation whether to commit a war crime or - Pattern of grave civilian harm
not
- Assess what weapons do I have in my PROPORTIONALITY ASSESSMENT
disposal
- What weapons to use in relation to this - Can have civilian casualty
military objective - No reverberating effect
Art 51 (4) AP I) PROHIBITION OF INDISCRIMINATE
ATTACKS
Political Declaration on Explosive Weapons in
Art 51 (5) (B) AP I PROHIBITION OF Populated Areas see google drive (EWIPA)
DISPROPORTIONATE ATTACKS

DAY 8
PROTECTION OF THE NATURAL
What constitutes incidental civilian harm? ENVIRONMENT IN ARMED CONFLICT
- The notion includes all foreseeable indirect
1950-2000: armed conflicts took place in
(‘reverberating’) effects
 Domino effects of damage to critical
biodiversity hotspots
infrastructure
 Disruption of services essential for the survival Natural Environment – civilian character; protected
of civilians object, UNLESS it becomes a military objective
 Displacement
 Disease, death - Protected by general IHL rules and even
specific IHL rules

REASONABLE FORESEEABILITY
- Standard of the reasonable commander
- Causal link, BUT:
- No geographic or temporal link/limitation
- Active dutyof the commander to gather
information
- A subjective as well as an objective standard
 Circumstances prevailing at the time
 Past practice, lessons learned, experience
 Additional Protocol I
 Also included in customary international law
 RA 9851
“it is prohibited to employ methods or means of
warfare which are intended, or may be expected, to
cause widespread, long-term and severe damage
to the natural environment
No definite definition of the abovementioned terms

ART 51 (5)(A) AP I PROHIBITION OF AREA

BOMBARDMENT FOCUS ON THE 2020 GUIDELINES
- Prohibition of widespread, long-term and
- Attack by bombardment sever damage
- By any methods or means
 Rules affording specific protection
- Which treats as a single military objective a
number of clearly separated and distinct
military objectives - Principles of DPP
 Rules affording general protection
PRECAUTIONS IN ATTACK (Art 57 AP I)
*placing military bases in civilian areas, risk of
CALL FOR AN AVOIDANCE POLICY avoid using explosive
collateral damage increases
weapons with wide impact area

Protection provided on specific weapons

- Due to significant likelihood of indiscriminate
effects
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- Prohibition of using poison or poisoned - Greater respect for IHL and other rules
weapons remain critical
- Rules on landmines
RECOMMENDATIONS
Rules on Respect for & Implementation & 1. Integrate guidelines into military doctrine
Dissemination of IHL Rules protecting the natural 2. Assess impact military operations
environment 3. Identify and designate areas of
environments of particular importance as
INDISCRIMINATE WEAPONS demilitarized zones
- Violate Principle of Distinction 4. Exchange good practice
- Cannot be directed at military objective 5. Implement IHL in domestic law
- Effects cannot be limited

GEORGIA HINDS, ICRC Legal Officer

“Military needs can never justify using  New technology of warfare
inhumane/indiscriminate weapons” 1. Autonomous Weapons Systems
2. AI in military decision-making
3. Cyber-operations
INCENDIARY WEAPONS
- Unique and potent effects on the AWS: weapon systems that SELECT and APPLY
environment specifically owing to the impact FORCE without human intervention
of fire - Weapons itself that self-initiate
- May lead to irreversible ecological changes
having grave and long-term effects AWS ENTAIL RISKS
- Loss of human control and judgment in the
LAND MINES AND CLUSTER MUNITIONS use
- If party to Ottawa Convention, use is - Unpredictability
prohibited
- Not party, particular care must be taken Legal: compliance with IHL
Ethical: substituting human decisions
Cluster Munitions Humanitarian: reverberating effect
- Party to CCM: use is prohibited
- Not a party: clearance is required Functioning of AWS challenges key rules
1. Indiscriminate attacks
Watch out for environmental impact of mine action - Not directed at a specific military objective
- Distinction
NUCLEAR WEAPONS
- Doubtful that use will be in accordance with 2. Employ method/means the effects of which
IHL principles cannot be limited
- Proportionality
EXPLOSIVE WEAPONS
- Not indiscriminate but effect can be AIs are very unpredictable
indiscriminate and can cause severe
pollution Human connection interwoven with the issue of
- Effect can be indiscriminate and surrendering (hors de combat)
disproportionate
Algorithm can be unpredictable
WHAT CAN BE DONE
- Enhance protection of the environment in Calculation of incidental loss would be a challenge
armed conflict
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
 Automated weapons cannot do that - Operational design
because it demands exactitude - Limits on types of target
- Duration and geographical scope and scale
of use
ON MALFUNCTIONING - Limits on situations of use
- Requirements for human-machine
We cannot risk the harm the lives of innocent interaction
civilians at the expense of saving resources
**must be context-specific
What is one human being that will operate the **policy commitment
weapon as compared to the number of lives that
might be spared AI IN MILITARY DECISION-MAKING
- AI Decision Support Systems (DSS)
We go back to the concept of reverberating effect - Computerized tools designed to aid humans
in complex decisions by presenting
WHO WILL BE ACCOUNTABLE
information and/or proposing options
 Weapon
a) Identification of targets
 Programmersnature of liability
b) Wargaming situations
- Intention c) Weaponeering
- What if coerced by the State? Right to know d) Collateral damage estimation
how the device would be used and for what e) Pattern recognition
purpose f) Resource optimization tools
 Commander g) Route planning
- Command and control linked to superior h) coAcause of action evaluation tool
responsibility
Overall: Humans must make the legal
WAR CRIMES – intention is important determinations required by IHL
Have to expect adversarial interference
 State  balancing act
- Unsatisfactory system of enforcement  Humans have this tendency to rely heavily
- Costly on machine-produced outputs
 Flawed
WHAT DOES ICRC COULD DO?
- Propose new international law? New Will we have quality data?
Legally Binding Rules  Exploit vulnerabilities: can be hacked thru
- Government experts backdoor methods; corrupt data; constantly
changing as no armed conflict is exactly the
 Prohibit same
a) UNPREDICTABLE AWS
- Blackbox effect: you cannot reverse the How to address inherent bias?
effect
b) Anti-Personnel AWS AI DSS must SUPPORT human decision-making
- Applies directly to humans but NOT replace such
- Direct targeting of humans by detecting their - Operational directive
profile - Technical or design features
- Human Dignity: life taken based on machine - Human-machine interaction considerations
process - New expertise

 Restrict CyberOperations
a) Design and use of all other AWS - Potential human cost
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- Civilian infrastructure is integrated with
military infrastructure
>> electricity supplies: cut off
>> hospital services: halted
>> attempted damage to petrochemical plant
Nuclear facilities attacked
Does IHL apply in Cyberspace
 GGE on cyber
 IHL applies ONLY in situations of armed
conflict
 Technology-neutral
IHL DOES NOT LEGITIMIZE ANYTHING
 Only REGULATE!!!!
 In cyberdomain, as in any other domain
What is ARMED CONFLICT IN THE CONTEXT
OF CYBERSPACE
1. Cy-ops during ongoing ‘kinetic’ armed
conflict
2. No armed conflict BUT one state carries out
cyber operations that would be likened to
that of a kinetic armed conflict
- Equivalent to an attack
- Floodgates
3. No pre-existing armed conflict
- One state conducts cy-operations but not
destroying infrastructures but only disrupts it
- Reverberating effect
When an attack = cyber operation?
1. Act of violence against adversary, offense
or defense
- Reasonably expected to cause injury or
death, or physical damage
Is data an ‘object’ for IHL purposes?
3 views
Human-centered approach
 allowing humans behind AI
Civilian: losing protection – duration
State responsibility – what does it constitute
1. Can the Espos Government be held responsible
for the actions of the Hacker Force?
- Espos Government cannot be held
responsible for the actions of the Hacker
Force since the actions of the Hacker Force
was not expressly sanctioned by the
Government.
- The meeting was called for the purpose of
REGULATING or even prohibiting the acts of
the Hacker Force, an act of State
intervention that should exculpate them
from any liability
- Yes, they were praised by the Espos
Government but that was before
3. Give an example of an action by the Hacker Force
that would not cause them to lose protected status.
- Their initial purpose and goal of defeating the AFF in
cyberspace
- There was an observance of the principles of
distinction as they specifically defaced AFF websites ,
AFF radio stations
And give an example of an action that would cause
them to lose protected status
- YOU NEED A NEXUS TO THE ARMED
CONFLICT BEFORE YOU CAN BE A
LEGITIMATE TARGET
- - For the duration of SPECIFIC ACT
- Hacker Force member’s act of causing the power of
the hospital to shut down
- Again, the result was WAY BEYOND the intended
military objective of gathering data regarding the
number of AFF fighters in the hospital and the types of
injuries they have sustained
3 CUMULATIVE ELEMENTS
1. Threshold of Harm – act in question must
be likely
 To adversely affect the military
operations/military capacity of a party to the
conflict; or
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
 To inflict death, injury or destruction on
persons or objects protected against direct
attack
EXAMPLE: use of human shield
2. Direct Causation
- Direct causal link between the act in
question and the harm likely to result
EXAMPLE: civilian transporting weapon to a NSAG
3. Belligerent Nexus
- Act must be designed to directly cause the
required threshold of harm in support of a
party to the conflict and to the detriment of
another
cyber operation which can be equated to an attack
- cause injury or death, or physical
damage Restrict Operation Design
RULES OF ENGAGEMENT
1. There is a need to coordinate with the State
Forces which should craft rules regulating cyber
operations
- Utilize DIPLOMACY as instrument of
communication
- Considering that there are a lot of gray
areas vis-a-viz the novelty of the issue on
cyberwarfare
2. integration of diplomacy with military
strategy
- Cyber-diplomacy bridges the gaps
between cyberspace, physical space,
proportionality, error, and escalation
Information gathering and reporting on the issue and/or
other states’ and stakeholders’ related interests and
activities;
Communications and public outreach regarding a state’s
foreign policy interests vis-à-vis a cyber issue;
Negotiations regarding a state’s foreign policy interests
vis-à-vis a cyber issue;
Diplomatic responses to unwanted cyber activity,
whether attributing the origins of an unwanted cyber
operation or using diplomatic means to impose costs on
states that engage in them
3. Bilateral dialogue: Bilateral diplomacy offers
states with a cyber diplomacy capacity the
potential to form coalitions of like-minded
states through closed door conversation and
identification of shared values and interests
 Peace keeping Agreement with AFF
4. Information Drive to the members of the Cyber
Operations
>> networking: educate their colleagues
5. First, only websites were targeted
- Consider sensitive information protected by
the rule on confidentiality
- Freezing of accounts as authorized by the
Court UNLESS extremely necessary due to
national emergency and issues of national
security concern
- Second, the cyberattacks were usead in
combination with conventional forces.
6. Propose a risk management team
- where it is assumed critical systems will
be compromised at some point and
conduct a continuous series of system
checks for anomalies residing within the
network
WHAT I’LL JUST FLAG…
Day 8
INTERNATIONAL LAW APPLICABLE TO ARMED
CONFLICT AT SEA by Andre Smit
Check LEVEL OF RESTRICTIONwhen it comes to procurement
- incendiary weaponsshould not be used against personnel as a
Gen Rule
- Is it prohibited outright?
San Remo Manual
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- Useful reference conduct of war, that would appear like a
premeditated act that would place the
other State at a great disadvantage
SOURCES IF APPLICABLE LAW >> grave effect of using these weapons
a) Law of Naval Warfare to the ocean ecosystem, marine animals
- IHL Rules reliance on sonar
- PRIZE Law >> A lot of accounts about long
- Law of Maritime Neutrality history of using marine mammals for
b) Law of the Sea, Air and Space Law military missions around the world – as
- 1982 UN Convention on the Law of the mine detectors, sentries and submarine
Sea hunters, OPINION: will marine animals
- IMO and ICAO Driven Conventions be also accorded protection in the same
- Other special treaties manner as civilians? What about those
animals allegedly being exploited as
Law on Armed Conflict spies with devices attached to them?
- AP I Are they legitimate military objectives?
- GC I – IV How about those which are forcefully
- IHRL displaces from their natural habitats?
- Domestic Law
- Use of Naval Sonar
NIAC >> detrimental effects to the
- AP II environment
- CIHL And marine animals
- CA3
>> how are we going to go about with
Classification of Vessels that? Will the principle of distinction also
 Military vs. Civilian apply?
 Warships and auxiliary vessels - AWS
 Govt vessels on non-commercial service >> aerial
 Govt vessels on commercial service and >> surface and underwater
merchant vessels - Laser fitted to warships
 Military objectives v Protected objects - Other restricted or banned weapons
(vessels)
 Neutral v Belligerent METHODS OF NAVAL WARFARE
 Prize v Booty - Military objectives at sea, targeting and
 Autonomous, Semi-autonomous or measures short of attack
unmanned maritime vessels - Application of basic IHL principles
- Neutral or belligerent; military or civilian;
What makes a military objective at sea? government or private
- Control of civilian shipping in immediate
MEANS OF NAVAL WARFARE areas of operations
- Means and methods: NOT unlimited - Use of force in the capture of merchant
during armed conflict at sea vessels
- Missiles - Protection and becoming a military
- Torpedos objective notwithstanding protected
- Mines status
>> when can a State, engaged in armed - Classes of vessels and aircraft exempt
conflict, legitimately install these mines from attack and capture, and conditions
because it cannot be done while the war for the loss of exemption
is on-going but if it will be prior to the
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- Special regime for hospital ships and GENDERED IMPACTS OF ARMED CONFLICT
other protected vessels  Gendered differences in conflict situations
- Blockade can include:
- Consideration of the natural - Civilian casualty estimates may differ
environment among women, men, boys and girls
- Deception: permitted ruses and perfidy depending on the weapon used
>> against whom are the weapons used
MARITIME NEUTRALITY
- Neutral or enemy character  Sexual violence
- Neutral territory in the maritime domain  Gender bias in targeting and screening
- Neutral waters  Differences in access to health care
- Neutral straits or archipelagic waters - Violation of IHL and medical ethics
- Neutral vessels and neutral cargo - Depends on what country you’re in
- Control of neutrals in the immediate
 Differences in access to information
area of naval operations
- Collecting intelligence as to how people
- Neutral commerce, blockades and
received info could help
contraband
 Different modes of evacuation and
- Neutral ports and roadsteads
displacement
- Measures short of attack allowed
against neutral
5 FACTORS THAT GUIDE OUR ANALYSIS
1. Civilian harm: comprised of different
Humanitarian Challenges During Armed Conflict
impacts for diverse women, men, girls and
 Treatment of the W-S-S-D-M
boys
 Detention at Sea
2. Gender inequality is present in theatres of
 Protection of Civilians and Civilian
combat
Infrastructure
xxx
 Irregular Migration flows at sea caused by
conflict
KEY RECOMMENDATIONS
 Movement of humanitarian supplies and
- Incorporating it in military plan
personnel and humanitarian access,
proximity and principles
 Effect of merchant vessel interdiction on the
 Troop Location
civilian environment
- Change of troop location
 Food security and local economic
sustainability
 Medical Services
 Second- and third order-, and long-term
effects, including environmental protection - Different medical personnel and
equipment

 Patterns of Life
- Different time of attack
Gendered Impacts of Armed Conflicts and
Implications of IHL  Modes of evacuation
- Different locations of civilian shelters
Gendered inequality exits - E.g. Democratic Republic of Congo
Gendered civilian harm in armed conflict
Gender gap widened by Covid-19
 Access to Information
>> protection of rights of women in policies,
More corroboration
practices and institutions in peace and security
More resources for the commander
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
*Evacuation should be the last resort- no to forced
displacement
DAY 9 URBAN WARFARE
- Use of explosives in densely populated areas
- Complex and complicated endeavor
- Demographic shift
Cities
- centers of economic power; strategic
locations
Open terrain: a lot more
Challenges of Urban Warfare
a) Characteristics of the environment
b) Vulnerability of the civilians therein
c) Asymmetry of forces
- Starvation of civilians
d) Military tactics and weapons
e) Duration
 Commander: should try to move the fighting
away from the populated areas
- Desalination plant
b) Midstream infrastructure
- Water reservoir / tanks
- Water supply pumping stations
c) Lowstream infrastructure
- Small distribution networks
- Low voltage infra/ small transformers
Proper and Accurate Complete Mapping
- Indicating the essential infrastructures
(schools, hospitals, water supplier,
powerplant)
 Service Continuity
- All essential services depend on:
a) People
b) Hardware
c) Consumables
Access and Communication
 Access, regular or exceptional, by service
providers (“people”) and first –responders (e.g.
humanitarian sectors)
 Frontline communication channels must be in
place and allow for safe operations

Protection Considerations PROTRACTED FIGHTING

- During ops - Military commanders should have a line
- After ops of communication with humanitarian
- Post-conflict organizations

THE REALITY OF URBAN WARFARE

URBAN
- Area within which civilians are
vulnerable to disruptions in essential
services reside and the network of
components supporting those services
 Service Provision
 Low Resiliencevulnerable, precaution is a MUST
CHARACTERISTICS
 Size
 Complexity
 Interconnectivity and Interdependence
 Hierarchy od Infrastructure
- Matter of prioritization and focus
a) Upstream infrastructure
- Power plant
1. Incidental civilian harm
- Challenging in an urban space
- Cities with skyscrapers (canyon effect:
potential interference of wind), radio
towers; so even the fighting forces are
observing the principles of IHL, the risk
of incidental civilian harm is high
2. Attacks directed at civlians
ESSENTIAL SERVICES AND URBAN WARFARE
- Distinct challenges
“Urban Services During Protracted Conflict”
1. Impact and scale
2. Complexity of systems
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
3. Duration of crisis
4. High vulnerabilities/low resilience
IMPACT
Public health: outbreak and spread of infectious
disease – check points to allow the safety entry of
medical team and medical supplies, access to food
and clean water and proper sewage system;
Tipping point for displacement
Impact on livelihoods
*Civilian Harm: Holistic approach
AFTERMATH OF URBAN WARFARE
- Weapon contamination is a generational
thing; we’re talking about decades, long-
term
1. Longer term impacts
2. Unreliable casualty numbers
3. Mass displacement and difficulties of return
4. Obstacles to reintegration into communities
5. Looting and pillaging
- Military forces should have sufficient
provision
6. Weapons contamination
7. Lack of resources, skills and support
PLANNING
- Important for poli leaders and
commanders to SET THE CONTEXT
from the outset
- Consider HUMAN TERRAIN at all levels
Right people with right expertise to be involved in
the planning because of the interconnectedness
electrical connections
water connections
food production
- Critical civilian infrastructure
 Operational facilities
 Items required for them to operate
 Staff to operate them
- Often interconnected and reliant upon
each other
- Information Gathering kind of straightforward
 Must identify what must be protected
 Look at population density, timings,
movement patterns, potential reactions
Make sure all information
- Is continuously updated
- Uses all available sources, including
experts
- Is cross checked for accuracy
- Includes other perspective: women,
children may have different movement
patterns and timings like going to and
from school
General Planning
- Ask: is it necessary to conduct attacks
or other operation ---- enemy if they are
close to civilians, their homes or critical
civilian structure
Consider other options:
- Operations outside urban areas
- Operations towards the edges of urban
areas or in less populated parts of a city
- Attacks that are limited in time and scale
eg raids or brief attacks
- Negotiating with enemy forces for them
to surrender, and leaving exit routes that
would allow them to withdraw
- Taking into account legal advice to help
ensure a plan or other operation
complies with IHL
Commanders: facilitate civilian movement
Indirect effects
- Reverberating effects
DANGER AREAS
- Surrounding and inadvertent effects
- Even if accurately aimed and fired,
every type of ammunition will create a
danger area that extends beyond the
target area
 Limit types of explosive weapons used in
urban areas
 Use alternative weapons and ammunition
that have a smaller danger area
 Use trained forward observers or controllers
to control their use
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
WARNINGS
- Messaging must be consistent (warning
or information)  not necessarily tell
them to leave
>> it’s like educating them about:
- Identification and avoidance of
unexploded ordinance
- Protection of homes
- Go about stockpiling food, water,
medicine and other essential supplies
EVACUATION – last resort
Must not directed or ordered UNLESS necessary
for the security of civilians or for imperative military
reasons
- Have a right to voluntarily return to their
homes – in safety, as soon as the
reason for their displacement ceases to
exist
Human Shield
Sec. 4.c
(20) Utilizing the presence of a civilian or other
protected person to render certain points, areas or
military forces immune from military operations;
RESPECTING AND PROTECTING HEALTH
CARE IN ARMED CONFLICT AND OTHER
EMERGENCIES
1864 – First Geneva Convention
 Movie: Health care in danger: The human
cost
Wounded and Sick
- Art. 21, Geneva Convention I
- It is permitted to attack a hospital which
members of the enemy are using for
military purposes, even if this hospital is
still caring for wounded and sick patients
- HOWEVER, must issue special warning
- Take into account Principle of
Proportionality
Health Professional
- It is NOT permitted to ask a doctor to
treat military members before a member
of the non-state armed group
Health ethics
- A member of the armed forces
- CANNOT demand of a doctor what is
the medical problem of a member of a
non-state armed group member
- Hippocratic Oath an oath of ethics historically taken by
physicians
, protection of information
- Exceptions: sexual violence, gunshot
wounds
Health facilities
- Recommended: no one shall carry
firearms into a health care facility
ICRC16- country study on the nature and patterns
of violence affecting health care
Every day, violence affects:
- The wounded and the sick
- Health care facilities and personnel
- Medical vehicles
 Ambulances used to conduct attack
Chechnya, 17 December 1996
 6 ICRC personnel and nurses
THE LEGAL FRAMEWORK
Treaty Law: GCs I, II and IV and P I and II
Customary IHL
International Human rights law provisions
- Right to life
Healthcare is broader than medical care
Wounded and Sick
Medical units and personnel(P1 Art 8 (c.e.)
Rights and Responsibilities
1. Care
2. Collect
3. Protect
4. Respect
1. All possible measures shall be taken to
provide health care to the wounded and sick
 Right to life and health
- Non-discriminatory
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- Practical
- minimum delay *Use of emblem w/o govt permission
- not a violation of IHL but a violation of domestic
2. All possible measures shall be taken to law
SEARCH for, COLLECT and EVACUTE the
wounded and sick *IAC
- w/o discrimination - govt should not stop NGOs from operation
- w/o delay
- enemy or own soldier *NIAC
- doesn’t stop from arresting enemy but - impartial organization can offer its services
should not attack them
- under right to health 5. All necessary measures, including adopting
domestic legislation, shall be taken by
- can ask the enemy for an arrangement
competent authorities to prevent and
to collect and evacuate its people
repress misuses
3. Wounded and sick, and healthcare
- Civilian pharmacies are NOT protected
personnel SHALL not be attacked, arbitrarily
during armed conflict unless with
deprived of their lives, nor be ill-treated.
emblem
Medical vehicles and facilities shall not be
 Imitation
attacked.
 Improper and unlawful use
 Perfidy
Red Crescent does INDICATE protection but
The emblems are the VISIBLE SIGN of protection
does not CONFER protection

 Such protection can be lost by committing

“acts harmful to the enemy”
- Shelter able-bodied combatants
- Store arms or ammunition
- Military observation posts
- Shields for military action
- Store weapons for non-defensive
purposes
6. Access to health-care infrastructure shall
- Transport healthy troops, arms or not be arbitrary denied or limited
munitions - Government should FACILITATE
- Collect or transmit military intelligence

EXCEPTION TO LOSS OF PROTECTION 7. Health-care personnel shall not be hindered

- Medical personnel
MAY
 Carry light individual weapons for self-
defense or for protection of their patients
 Be escorted by military personnel
Retain patients’ small arms and ammunitions
before handing them over to authorities
4. Positive and proactive measures: protect
medical units from attacks and avoid
forceful interference
- Allow continuous operation
in the performance of their exclusively
medical tasks; shall not be harassed for the
simple fact of assisting the wounded and
the sick
- Parties shall not arbitrarily interfere
- Shall not be punished for acting within
medical ethics
- Shall not be compelled to perform
activities contrary to medical ethics
MAINTAINING CONFIDENTIALITY
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- By paying attention to data collection
and information disclosure
- While respecting family’s right to know
about their relative’s condition
RA 9851
- Sec. 4.b.3
- Criminal responsibility: Doctrine of
Superior Responsibility
- Liability of Subordinates
RA 11188
- Hospitals or Health facilities
- Recognized and known by the
community
DIGITALIZING THE EMBLEM
- To make it clear to hackers that they
have entered the computer systems of
medical facilities or Red Cross offices
- Proposed emblem would signal to
anyone trying to enter or attack those
computer systems that the systems and
data they hold are protected from any
harm under international law
**Afghanistant, Attack on Kunduz Trauma Centre
IMPARTIAL in the delivery of their humanitarian
relief
- Help is provided without distinction
- Look at what they do
NIAC
IAC
or
OCCUPATION (more related to IAC)
ICRC = NEUTRALITYjust wanna flag
- Consent must be sought, it should not
be refused arbitrarily
Acceptable Grounds for Refusal
1. No need
- In NIAC, no undue hardship
- In Occupation, population is not
inadequately supplied
2. Assistance provider is not impartial and the
relief operations are not carried without
distinction
3. IMPERATIVE military necessity
- Cannot be a permanent reason
- Can only limit such visits as an
exception
PROTECTION
- Respected and protected
RA 11188 (CSAC)
- Grave child rights violations: refusal or
denial of humanitarian access or
assistance to children
xxx
- Food blockade
PHILIPPINES
- ATA of 2020
- Sec 12. Any person providing “Material
Support” to any terrorist
- Sec. 13. Humanitarian Exemption
Clause in RA 11479
- Headquarters Agreement (April 30,
1985)
INTERNALLY DISPLACED PERSONS (IDPs) and
migrants: legal and humanitarian framework
Refugees & IDPs
Article 1 of the 1951 Convention defines a refugee
as someone who
- "owing to well-founded fear of being
persecuted for reasons of race, religion,
nationality, membership of a particular
social group or political opinion, is –
- outside the country of [their] nationality
and is unable or,
- owing to such fear, is unwilling to avail
[themself] of the protection of that
country; or
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- who, not having a nationality and being
outside the country of [their] former
habitual residence, is unable or, owing
to such fear, is unwilling to return to it."
1. OUTSIDE his/her country
2. WELL-FOUNDED FEAR of persecution
3. For reasons of R-R-N-M in a particular
social group, or political opinion
4. UNABLE/UNWILLING to avail protection of
that country, or to return there for fear of
persecution
ICRC’s approach
 Internal displacement and migration are key
vulnerability factors
 ICRC’s operational response to migration is
defined by needs and vulnerabilities-
broad description of migrants
 Similarities and potential continuum
between internal displacement and
migration BUT also important differences
 ICRC has two distinct operational
approaches for IDPs and migrants with
different objectives.
Internal Displacement – prevent forced
displacement
Migration – no prevention aim, ICRC does
not encourage/discourage such
UN Guiding Principles: persuasive
- For IDPs
- No treaty for themLegal framework is a lot weaker
WHO ARE IDPs
- Persons/ group of persons who have
been forced or obliged to flee or leave
their homes or places of habitual
residence, in particular
>> as a result of or in order to avoid the
effects of armed conflicts
>> situations of generalized violence
>> violations of human rights/natural
man-made disasters
>> who have not crossed an
internationally recognized
border
KAMPALA CONVENTION
- Adopts the same definition
FORCED DISPLACEMENT is not allowed UNLESS
a) Security of the civilians is involved
b) Imperative military necessity
Displacement must be as short as possible
 Protracted Displacement
 prolonged displacement- avoided
REFUGEES
Internees In an international armed conflict,
persons who are deemed to pose a security threat
to a party to the conflict may be subjected to
internment - a particular form of detention without
trial.
Principle of Non-refoulement >> the practice of
not forcing refugees or asylum seekers to return to
a country in which they are liable to be subjected to
persecution
 SUBSTANTIAL GROUDNDS of violation of
certain fundamental rights
- Torture and other forms of ill treatment
- Arbitrary deprivation of life
- Persecution
- Other possible grounds
>> enforced disappearance
>> forced recruitment
Durable Solutions
- Not band-aid solution
DETENTION: LEGAL FRAMEWORKS
In Peace Time
 Criminal Detention
- Preventive
>>PURPOSE: place accused under
custody to face trial
- Punitive
>>Imprisonment by way of service of
sentence meted out after conviction
state
 Administrative Detention
- Premised on the BI’s power to issue
warrants and cause arrest of unwanted
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
aliens in the PH, and to commence shall be allowed upon his request, to
deportation proceedings against them communicate and confer at any time with his
attorney or counsel.
In Times of Armed Conflict
 IAC Republic Act 7438 or “An Act Defining Certain
- POW Rights of Person Arrested, Detained or under
- Civilian Internees Custodial Investigation
- Criminal Detention?
RA 10353 – Anti-Enforced Disappearance Act
 NIAC - Authority with custody conceals or
- Criminal Detention unwilling to give information or refusal to
- Administrative Detention acknowledge
- Strictly construed against the State
LEGAL BASIS OF DETENTION - Balancing of interest
International and Domestic Frameworks
RA 11479 or Anti-Terror Act
 International Humanitarian Law (IHL) - Further detention of the person is
(Geneva Conventions, Additional Protocols, necessary to preserve evidence related
CIL, …) to terrorism or complete the
investigation x x x x
 IHRL - 14 to 24 days
(ICCPR)
ARMED CONFLICT
 “Soft Law” (Mandela Rules) - POWs
 Domestic Law (Consti, statutes) - Civilian Internees
- Criminal Detentionfor crimes committed in NIAC or

ICCPR Art 9(1) domestic law during an IAC

x x x No one shall be deprived of his liberty

EXCEPT on such grounds and in accordance with IHL
such procedure as are established by law - No POW status
 Detention: not prohibited as long as not - Criminal Detention
arbitrary - Administrative Detention?

1987 Consti, Art III, Sec 1 IHRL

 Due process - ICCPR Art 9(1)
Arbitrary Detention, Art 124, RPC
- Any public officer or employee who, Administrative Detention
without legal grounds, detains a person GC IV
xxx  Procedural Safeguards
>> 3 days 1. Info on arrest/deprivation of liberty
>> more than 3 – 15 2. Initial and periodic review
>> more than 15 – 6 mos 3. Independent body conducting review of
>> more than 6 mos lawfulness of admin detention
4. Access to legal assistance
Article 125, RPC. Delay in the delivery of detained 5. Right to challenge lawfulness of admin
persons to the proper judicial authorities detention
x x x 12 hours – 18 hours – 36 hours
INTERNATIONAL STANDARDS MAD
In every case, the person detained shall be GUIDELINES
INFORMED of the cause of his detention and
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- Nelson Mandela Rules
- Tokyo Rules United Nations Standard Minimum Rules for GC III, Art. 4A (4) (5) (6)
Non-custodial Measures - Persons who accompany the armed
- Bangkok Rules => women forces
- Crews of merchant marine and crews of
civil aircraft of the Parties to the Conflict,
…
PROTECTION OF DETAINEES
- Inhabitants of a non-occupied territory,
who on the approach of the enemy
POW concept – important in IAC
spontaneously take up arms to resist the
invading forces, without having had time
Detention Rules and Standards
to form themselves into regular armed
 IHL units (levee en masse denotes a short-term
requisition of all able-bodied men to defend the nation
 IHRL )
 Soft Law (International Minimum Standards)
 National Law SPECIAL CASES
 Status of Forces of Agreement, ROE, etc. - Spies
- Mercenariessoldiers who take part in war for money
Prisoners of War  Not given Prisoners of War status
2 conditions
(1) Belong to specified categories of persons PRESUMPTION OF PoW Status
(2) Have fallen into the power of enemy - If a person has committed a belligerent
act and falls into the hands of the
Right to POW status enemy, … if doubt
- GC II, Art 4A (1) & (3)
 Members of the armed forces - Enjoys the protection of the Convention
>> regular armed forces until such time as their status has been
>> regular armed forces who profess determined by a competent tribunal
allegiance to a government/authority not (INDIVIDUAL DETERMINATION)
recognized by the Detaining State (except
medical and religious personnel) HUMANE TREATMENT
- Respect
- GC III, Art. 4A (2) >> a serious breach may trigger
 Members of other militias and memers of individual criminal responsibility
volunteer corps, …belonging to a Party to >> measures of reprisal are prohibited
the conflict
 Conditions - Protect
 Being commanded by a person >> against acts of violence or
responsible for his subordinates; intimidation
 Having a fixed distinctive sign >> against insults and public curiosity
recognizable at a distance
 Carrying arms openly END OF HOSTILITIES
 Conducting their operations in - Release and Repatriationsend back home
accordance with the laws and - 25 kilos they can carry
customs of war - Cost-sharing
- Unjustifiable delay in repatriation
Idea of POW status constitutes grave breach of AP I, Art 85
- Accord same status as you are in your (4) (b)
armed force???
- For civilians who participate in hostilities  What if they do not want to be repatriated?
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- ICRC may come in 1. Give overview of the ICRC’s detention
- UN >> Refugees activities and role in rel to people detained
during armed conflicts and other situations
1. Repatriation
2. Reintegration SOME CORE PRINCIPLES FOR DETENTIONS
3. Resettlement – UN for Refugees ON OPERATIONS

Responsibility under International Law: Take *Humanity and Lawfulness should never be
account of all the protected persons ruled out

>> detention in the context of IAC should be

INTERMENT
INTERNEES – civilians detained
 Humane Treatment
- You cannot intern your own citizens
- All persons Deprived of their Liberty
must be treated humanely at all times
Aliens in the territory of the parties
- Torture and other forms of ill-treatment
- The internment or placing in assigned
are prohibited in all circumstances
residence of protected persons may be
without exception
ordered
>> prolonged solitary confinement
>> no water, toilet, cr facilities
- Persons deprived of theur liberty must
be held in conditions that safeguard
their health and dignity
- Any form of insult, verbal offense,
physical offense: zero tolerance and
public curiosity
- HUMANE ASPECT

 Prohibition of Arbitrary Detention

- Detention may not be arbitrary and must
be carried out according to grounds and
procedures established by law
- Detention must be lawful
- LAWFUL ASPECT

 Respect for Judicial Guarantees and

fundamental safeguards, incl. principle of
non-refoulement
- PDLs may not be transferred to another
DETENTION ON OPERATIONS authority if there is a SUBSTANTIAL
RISK that their fundamental rights will
No uniformity of applications be violated
- Different contexts
- Different conflicts Prisoners of War GC III Art 4 and AP I Art. 43, 44
- Status-based definition ONLY in IAC
Why do laws of war exist? - ICRC mandate: “conventional”
 To regulate conduct of war (before, during Whenever you speak of POW,
and after war) conventional obligations of the parties
as mandated by the Geneva Convention
AIMS OF THE SESSION
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
= armed forces (including militias or volunteer
corps)
= other militias or other volunteer corpsif meet
additional criteria (under responsible command;
fixed distinctive sign; carry arms openly; act in
accordance with law of armed conflict)
= Civilians who accompany the armed forces (if
authorized by the armed force);
= Crews of merchant marine and civilian aircraft
(who do not benefit from more favorable treatment
under IL)
= Participants in a levee en masse
Status of Determination
- Obligation of Detaining Power, until
determined – benefits from presumption
of POW and relevant privileges
Privilege of combatancy
- PoW cannot be tried having participated
in hostilities, can be tried for war crimes
(criminal detention)
Rights are inalienable
- PoW may in no circumstances renounce
in part or in entirety, the rights are
secured by their status.
- POWs cannot renounce their status until
the cessation of their interment
EVACUATION AND LOCATION
- Evacuation to safe place GC III Art. 19 &
20
“Prisoners of war shall be evacuated, as soon as
possible after their capture, to camps situated in an
area far enough from the combat zone for them to
be out of danger…”
PLACE OF INTERNMENT GC III Art 21-23
“The Detaining Power may be subject prisoners of
war to interment…It may impose on them the
obligation of not leaving, beyond certain limits, the
camp where they are interned, or if the said camp
is fenced in, of not going outside its perimeter…
Prisoners of war may not be held in close
confinement…”
POWs and Hors de Combat are protected persons
under IHL and the detaining power has an inherent
duty of care in all regards
 Flows out to the obligation to PROTECT
and CARE
ACCOUNTING FOR POW (e.g. “capture card”)
 Regime applicable to them
 Where they would be interned
- Conventional obligation of the Parties
to conflict to take account of all
Protected Persons, incl POWs
- States must establish a National
Information Bureau (NIB) or NIB-like
entity to collect and centralize
required information (identity, change
of situation, health, etc) on POWs (Art
122 GC III) in detention.
- Information (inc any updates) must be
sent to the ICRC Central Tracing
Agency for onward transmission to the
adverse party and the families
- 2 Capture cards must be made available
to POWs to complete within one week of
capture (Art 70 GCIII)
- Military do not fill in – PoWs can decide
not to
- Cards must be sent to the ICRC Central
Tracing Agency -> neutral
intermediary to notify the adversary
and POWs families
POws have the right to cigarretes
POWs cannot be subjected to insult or exposure to
public curiosity. To protect their dignity and safety,
their images and personal information must not be
publicized.
- Against extraction of personal and
sensitive data that would further subject
the POW to possible prosecution of his
own country
SEE: Update Commentary of 2020 on GC III
QUESTIONING, GC III Art. 17
Every prisoner of war, when questioned on the
subject, is bound to give only his surname, first names
and rank, date of birth, and army, regimental,
personal or serial number, or failing this, equivalent
information.
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
If he wilfully infringes this rule, he may render
himself liable to a restriction of the privileges
accorded to his rank or status.
Each Party to a conflict is required to furnish the
persons under its jurisdiction who are liable to
become prisoners of war, with an identity card
showing the owner's surname, first names, rank,
army, regimental, personal or serial number or
equivalent information, and date of birth. The identity
card may, furthermore, bear the signature or the
fingerprints, or both, of the owner, and may bear, as
well, any other information the Party to the conflict
may wish to add concerning persons belonging to its
armed forces. As far as possible the card shall
measure 6.5 x 10 cm. and shall be issued in duplicate.
The identity card shall be shown by the prisoner of
war upon demand, but may in no case be taken away
from him.
No physical or mental torture, nor any other form of
coercion, may be inflicted on prisoners of war to
secure from them information of any kind whatever.
Prisoners of war who refuse to answer may not be
threatened, insulted, or exposed to any unpleasant or
disadvantageous treatment of any kind.
Prisoners of war who, owing to their physical or
mental condition, are unable to state their identity,
shall be handed over to the medical service. The
identity of such prisoners shall be established by all
possible means, subject to the provisions of the
preceding paragraph.
The questioning of prisoners of war shall be carried
out in a language which they understand.
MARITIME OPERATIONS AND PRISONERS OF
WAR
Definition GC II Art 16
Status of the wounded, sick and shipwrecked
who have fallen into enemy hands
Subject to the provisions of Article 12 , the
wounded, sick and shipwrecked of a belligerent
who fall into enemy hands shall be prisoners of war,
and the provisions of international law concerning
prisoners of war shall apply to them. x x x x
- After each engagement, Parties to the conflict shall,
Humane Treatment GC II Art 12
Article 12 - Protection and care of the wounded,
sick and shipwrecked
Members of the armed forces and other persons
mentioned in the following Article , who are at sea
and who are wounded, sick or shipwrecked, shall be
respected and protected in all circumstances, it
being understood that the term "shipwreck" means
shipwreck from any cause and includes forced
landings at sea by or from aircraft.
Such persons shall be treated humanely and cared
for by the Parties to the conflict in whose power
they may be, without any adverse distinction
founded on sex, race, nationality, religion, political
opinions, or any other similar criteria. Any attemps
upon their lives, or violence to their persons, shall
be strictly prohibited; in particular, they shall not be
murdered or exterminated, subjected to torture or to
biological experiments; they shall not wilfully be
left without medical assistance and care, nor shall
conditions exposing them to contagion or infection
be created.
Only urgent medical reasons will authorize priority
in the order of treatment to be administered.
Women shall be treated with all consideration due
to their sex.
LOCATION GC II Art. 16
x x x The captor may decide, according to
circumstances, whether it is expedient to hold them,
or to convey them to a port in the captor's own
country, to a neutral port or even to a port in enemy
territory. In the last case, prisoners of war thus
returned to their home country may not serve for the
duration of the war.
SEARCH AND RESCUE GC II Art 18
Article 18 - Search for casualties after an
engagement
without delay, take all possible measures to search
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
for and collect the shipwrecked, wounded and sick,
to protect them against pillage and ill-treatment, to
ensure their adequate care, and to search for the
dead and prevent their being despoiled.
Whenever circumstances permit, the Parties to the
conflict shall conclude local arrangements for the
removal of the wounded and sick by sea from a
besieged or encircled area and for the passage of
medical and religious personnel and equipment on
their way to that area.
CIVILIAN INTERMENT GC IV Section IV
SOME SPECIFIC CHALLENGES FOR
DETENTION ON OPERATIONS
1. Non-refoulement
- Prohibits transfer when there are
substantial grounds for believing that the
person would be in danger
2. Capturing troops and detainees
- Leaving captured persons with capturing
troops for too long creates a risk of
reprisals
3. Restraints
- Use of restraints should be prescribed by
law; restricted by principles of necessity
and proportionality
- Use only in exceptional cases
- Need for clear regulation and policy –
SOPs
4. Limited Experience of Handling Detainees
- Challenging for large numbers of
detainees
5. Review Detention
6. Separation Between Guards and Questioners
- Important to create a “firewall” bet.
Those responsible for detaining and
those responsible for questioning
- Need for clear command and control
7. Ensuring Required Measures at all stages
8. E n s u r
Compliance
- Importance of leadership and command
SUMMARY
- Principles of legality and humanity
- Need to classify conflict and detention
context (incl status determination)
- Importance of armed forces building
detention doctrine that accurately
distinguishes between the legal
categories of operations and trains for all
eventualities
- Obligation to account for all person
detained or interned …
ICRC focuses on
- Ending/preventing torture and other
form of ill-treatment
- Ensuring that living conditions are
decent in accordance with domestic law,
international norms and standards
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- Ensuring the physical and psychological
integrity of detainees – all detainees can
be vulnerable in specific circumstances

AFTERNOON SESSION Good afternoon, Ma’ams and Sirs..

LEGAL BASES for the RIGHT TO KNOW
Sir Gabriel

Video - The only things Santa cannot give

We learned about Again, this all boils down to the Paramount: right
Treatment of the Dead and the Missing Persons of the families to know the fate of their relatives
specifically in times of armed conflict
Viz-a-viz ICRC’s role in reconnecting families

IHL and the TREATMENT OF THE DEAD

- IHL provisions do not just start during - IHL does not give the specifics
the armed conflict itself - It depends; case by case basis

Presented were 3 Broad categories of OBLIGATIONS RELATED TO HUMAN

Obligations, including REMAINS
- Reparation - For situations such as mass grave sites
- Compensation where identification of remains is
difficult
Respect for Family Life
We also learned about the
and the Importance of keeping detainees connection Obligation to Search For, Collect
to the outside world and Evacuate the Dead
- Provide information on the whereabouts,
esp missing - Should not play favorites in helping the
dead
Missing Persons and their Families
- - importance of keeping DETAILED - Not dependent on circumstances:
RECORDSprevent people from going missing and for despoil; mutilation
purposes of clarifying the whereabouts of those who are already
missing IDENTIFICATION OF THE DEAD
- -transmit info about PoWs, help families which covered forensics and record-keeping
for the purpose reconnecting
- Obligations under IHL are on a case-to- - “all that they can” again, this is
case basis: who are involved in the dependent on available resources, and
armed conflict; what is practical and practical considerations
feasible
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
 In situations: Persons Dying
1. Search
RETURN OF REMAINS 2. Dignity
3. Identify: applicable to those who die at
- Customary International Law: even if sea
not a party to a specific treaty, non-
members are still obliged MEDICO-LEGAL SYSTEM SERVICES
- Set of principles and procedures
This includes BURIAL, CREMATION
- Doctors, scientific experts, judges and
MARKING, RESPECTING and MAINTAINING prosecutors
GRAVES
ROLE OF MEDICOLEGAL SYSTEM
- When, why and how death occurred

Which highlighted the next presentation about MEDICOLEGAL SYSTEM

- We have different agencies (DOH, PNP,
HUMANITARIAN FORENSIC ACTION and NBI)
PROTECTION and MANAGEMENT OF THE - Communication and coordination and
DECEASED by Sir Eyad cooperation

- Part of obligations of the State KEY ELEMENTS

HUMANITARIAN ACTION - Policy and legal framework
- Procedures, Roles and Responsibilities
- Neutral, impartial and independent >> guidelines and SOPs of AFP re
manner => IHL management of the dead
- Human Resources (skills)
Forensics

- Crime during 1817 century

PROTECTION and MANAGEMENT
- People gather during open court/forum
- Prevent …unaccounted for
- Forensic: group of people decide >>
guilty or not >> unidentified human remains

HUMANITARIAN FORENSIC ACTION >> families are asking answers: State

obligation to give answer
- It was mentioned that it is not limited to
ICRC; could be the AFP, PNP, etc. - Repatriation

- Recovery of bodies and their >> rights of the families considering

Identification religious and cultural beliefs
I. Research
II. Training PROTECTION OF THE DIGNITY OF THE
III. Service DECEASED
- For countries incapacitated to do
- Search for, collect and evacuate the dead
forensic action
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
- Do staff know HOW to use body bag? MAIN AIM: IDENTIFY, RECOVERY and
RECONNECT TO FAMILIESnot to the work themselves but
support the local authorities
- Consider safety of first responders

- Exhume and digging out: do they know

how battalion members how to do
considering that LGUs are not always From a forensic POV
there to assist
 Next Generation Sequencing
a) Ensure safety of AFP of staff while
preserving/maintaining dignity of the dead - DNA

Issue on UNIDENTIFIED HUMAN REMAINS

- Important: marking of location CLOSURE

Recommendation to AFP - a certain relief/satisfaction especially for

the bereaved loved ones
- Safety of staff

- Chain of custody: Documentation

(written/photographic) esp in cases of MARAWI COMPENSATION ACT IRR
handing over the custody of remains to
LGUs - Death certs for dead

GLIMPSE OF ICRC PH – Philippines - Families compensated for their missing

loved ones
- Assist in identification
- ICRC suggested documents to be
- Donated grave markers which are more presented in lieu of death certs for
sustainable with unique reference purposes of compensation
numbers
BURIAL
- Training
- Do a FULL DOCUMENTATION with
GLIMPSE – Georgia forensic medical doctor

>> identify the person

Q and A >> full examination to avoid suspicious

death
- No confirmation wrt religion
>> draft report for authorities and
- GPS coordinate with each grave families

- No info

- What’s important: Respect and Dignified Roleplay- participants were asked to give feedbacks
 DISTINCTION. PRECAUTION. PROPORTIONALITY.
which led to the topic about - Meetings can be postponed if modalities
cannot be respected
MODALITIES OF ICRC VISITS in connection
to the Roleplaying activity 1. Initial meeting with the detaining
authorities
- Letter of the law differs from practice
2. Tour of the premises
- ICRC delegates: not a 1-day planning
3. Group/individual private interviews with
>> “never assert in a way that we demand” detainees

Objective: to have ACCESS, VISIT, PROVIDE 4. Final meeting with the detaining
ASSISTANCE authorities

- Relationship with States starts from 5. Submission of a confidential report or

the highest recommendations to the detaining
authorities
- Headquarters Agreement: State knows
wrt ICRC’s role

- Mode of Engagement: persuasion: *Visits durations depend on the severity of the

convince authorities wrt ICRC’s value situations
and role: negotiate and persuade to let
the authorities know that ICRC assists in *Splitting of groups
complying with the law
*Istanbul Protocol
>> conduct trainings in battalion level
wrt IHL to build trust and credibility OUTLINE

ICRC before entering a place involved in armed I. Background

conflict

- “notification” as security guarantees

Use of Sexual Violence
- Prior conversation/prior dialogue to the
parties to the conflict - Not suggested to use this term

CONFIDENTIALITY - An act of sexual nature imposed by

Force, Threat, or Coercion
- “We say what we do, not what we see”

STRUCTURE OF ICRC DETENTION VISITS

- In connection to the observance of the

modalities