INTERNATIONAL LAW

THE UN AND INTERNATIONAL

CONVENTIONS ON RIGHTS OF
PRISONERS OF WAR AND IN
1 CONFLICT AREAS
International Humanitarian Law

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International Humanitarian Law

◉ A set of rules that seek to limit the effects of

armed conflict for humanitarian reasons. It also
restricts the methods and means of warfare.
◉ Aims to protect non-combatants or persons
who are not or no longer involved in armed
hostilities. IHL is part of International Law or the
set of rules that govern relations between
nation-states.
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International Humanitarian Law

◉ IHL only applies to armed conflicts and not to

internal disturbances such as riots,
demonstrations, protest rallies, and sporadic or
isolated incidents of violence that occur inside
the territory of a State.
◉ Serious violations of IHL are called war crimes.
◉ Basis: The Geneva Convention and the Hague
Conventions
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Three Principles of International
Humanitarian Law
1. Principle of Distinction

◉ States must not use means and methods of

warfare that do not distinguish or make a
distinction between combatants and non-
combatants.

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Three Principles of International
Humanitarian Law
2. Principle of Proportionality

◉ A clear military target must not be attacked if

the risk to civilians and to civilian/non-military
property is larger than the expected military
advantage or result.

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Three Principles of International
Humanitarian Law
3. Principle of Precaution

◉ Parties in conflict must take all precautions to

distinguish between combatants and non-
combatants, as well as legitimate military
targets and civilian properties or structures
that must not be attacked.
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 THE UN AND INTERNATIONAL
CONVENTIONS ON RIGHTS OF
PRISONERS OF WAR AND IN
2 CONFLICT AREAS
Prisoners of War

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Prisoners of War

Geneva Convention – provides a wide range of

protection for prisoners of war. It defines their
rights and sets down detailed rules for their
treatment and eventual release.

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Prisoners of War
Refers to any of the following categories:
1. Members of the armed forces of a party to the
conflict as well as members of militias or
volunteer corps forming part of such armed
forces.
2. Persons who accompany the armed forces
without actually being members thereof, such as
civilian members of military aircraft crews, war
correspondents, supply contractors, etc. 10
Prisoners of War
Refers to any of the following categories:
3. Members of crews, including masters, pilots and
apprentices of the merchant marine, and the
crews of civil aircraft of the parties to the conflict.
4. Inhabitants of a non-occupied territory, who on
the approach of the enemy spontaneously take up
arms to resist the invading forces.
- Even if armed, if they do not resist, they are not considered
as prisoners of war 11
Prisoners of War
◉ Chaplains and medical personnel attached to
armies, if they fall into the hands of the enemy,
shall not be treated as prisoners of war.
◉ If these people are held captive, according to the
Geneva convention, they should be allowed to
continue to exercise their medical and spiritual
functions for the benefit of the prisoners of war.
Preferably, those belonging to the armed forces
upon which they are attached.
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Rights of Prisoners of War
1. The POWs cannot be compelled to give any
information other than their name, rank, age, and
service number.
2. If because of his physical or mental condition, he
is unable to answer the question, he should be
handed to the medical corps.
3. A POW must be allowed to keep with him all his
personal possessions which does not include
arms and military papers. 13
Rights of Prisoners of War
4. The POWs shall be released and repatriated
immediately after the cessation of active
hostilities.
5. They should be treated with honor and humanely.
6. POWs should be allowed to inform the
International Committee of Red Cross of their
capture.
7. They should be allowed to inform their family of
their status. 14
Rights of Prisoners of War
8. If held captive for a long period of time, they
should be allowed to contact their relatives on a
regular basis.
9. They are allowed to receive packages (not
military in nature).
10. POWs should be provided with adequate food.
11. When held captive for long, they should be
provided with housing as well as clothing.
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Rights of Prisoners of War

12. They should not be made to do any

dangerous or degrading work.
13. They should be reimbursed if any work was
done by them
14. If a POW has been wounded in the battlefield,
he shall receive help from the International
Committee of Red Cross.
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International Committee of Red Cross
(ICRC)
◉ An independent, neutral organization ensuring
humanitarian protection and assistance for
victims of armed conflict and other situations
of violence.

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International Committee of Red Cross
(ICRC)
Salient core tasks of ICRC:
1. To monitor compliance of warring parties
with the Geneva Conventions;
2. To organize nursing and care for those who
are wounded on the battlefield;
3. To supervise the treatment of POWs;
4. To help with the search for missing persons in
an armed conflict. 18
War Crimes
◉ Violations of international humanitarian law (treaty
or customary law) that incur during the conduct of
war.
◉ Examples:
○ Intentionally directing attacks against civilians.
○ Intentionally directing attacks against buildings
dedicated to religion, education, art, or hospitals.
○ Rape or sexual slavery
○ Enlisting children under 15 y/o into armed forces or
groups 19
War Crimes

◉ The Conventions and Protocol make clear that

grave breaches must be punished.
◉ However, no specific penalties set. Instead,
they expressly require States to enact criminal
legislation to punish those responsible for
grave breaches.

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International Humanitarian Law

◉ R.A. No. 9851 – an act defining and penalizing

crimes against international humanitarian law,
genocide, and other crimes against humanity,
organizing jurisdiction, designating special
courts, and for related purposes.
◉ Enacted to answer the call by the conventions.

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International Humanitarian Law

◉ Hors de combat – out of combat; means a

person who:
○ Is in the power of an adverse party;
○ Has clearly expressed an intention to surrender; or
○ Has been rendered unconscious or otherwise
incapacitated by wounds or sickness and therefore
is incapable of defending himself
Protected by R.A. 9851 – cannot be killed.

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International Humanitarian Law
◉ Hors de combat – out of combat
◉ Persons hors de combat and those not taking part in
hostilities shall be protected and treated humanely.
◉ It is forbidden to kill or injure an enemy who
surrenders or who is hors de combat.
◉ Parties to a conflict shall at all times distinguish
between the civilian population and combatants.
Attacks shall be directed solely against military
objectives.
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 STATE ACTORS AND
2 NON-STATE ACTORS
Obligations of States and Nonstate
Actors in Protecting Human Rights

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State Actors

State Obligations in Human Rights

1. Obligation to respect human rights.
ü Refrain from illegal and disproportionate
actions.
ü Avoid unjustified interferences, such as the
right to privacy and the sanctity of a home.

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State Actors

State Obligations in Human Rights

2. Obligation to protect human rights.
ü Take executive, legislative, and judicial action
to ensure human rights of every human being;
such as the rights of persons arrested and
under custodial investigation under R.A. 7438.
ü The State must come up with laws to protect
its citizens from hampering their human rights. 26
State Actors

State Obligations in Human Rights

3. Obligation to fulfill human rights.
ü States must take positive action to facilitate the
enjoyment of basic human rights.

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Non-State Actors

◉ Non-state actors include organizations and

individuals that are not affiliated with, directed
by, or funded through the government.
◉ These include corporations, private financial
institutions, and NGOs, as well as paramilitary
and armed resistance groups.

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Non-State Actors

◉ Human rights of others in the private sphere

need to be addressed. Non-state entities are
obliged, as a minimum, to comply.
○ Ex. Right of employees – they cannot be terminated
without due process.

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 HUMAN RIGHTS AND MUNICIPAL
COURTS OF LAW, AND THE
INTERNATIONAL CRIMINAL COURT
3 AND THE
INTERNATIONAL COURT OF JUSTICE

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Philippine Commission on
Human Rights (CHR)
◉ An independent constitutional office created
under the 1987 Constitution of the Philippines,
with the primary function of investigating all
forms of human rights violations involving civil
and political rights in the Philippines.

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International Human Rights Law

◉ It is a set of rules which seek, for humanitarian

reason, to limit the effects of armed conflict.
◉ It protects persons who are not or are no
longer participating in the hostilities and
restricts the means and methods of warfare.
◉ It is also known as the law of war or the law of
armed conflict which regulates the conduct of
warfare.
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International Criminal Court
(ICC)
◉ It investigates and, where warranted, tries individuals
charged with the gravest crimes of concern to the
international community:
○ Genocide – intent to destroy in whole or in part a national,
ethnic, racial, or religious group;
○ War crimes – or grave breaches of the laws of war;
○ Crimes against Humanity – or violations committed as
part of large-scale attacks against civilians;
○ Crime of Aggression – or the use or threat of armed force
by a state against the political independence of another
state, or violations of the UN charter
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International Criminal Court
(ICC)
◉ As a court of last resort, it seeks to
complement, not replace, national courts.
◉ Governed by an international treaty called the
Rome Statute, the ICC is the world’s first
permanent international court.
◉ There are 123 countries (signatories) party to
the Rome Statute.
◉ Main office: Hague, Netherlands; 18 Judges. 34
International Criminal Court
(ICC)
◉ Are there countries that are not members?
Yes.
◉ Philippines was once a signatory. However,
our government withdrew our membership
last 2019, when the ICC launched an inquiry on
the government’s war on drugs.
◉ If one is not a member, cannot be tried in the
ICC. Not rules by the agreement.
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International Court of Justice
(ICJ)
◉ Sometimes known as the World Court, the
principal judicial organ of the United Nations
(UN) and has a two-fold role.
1. It settles disputes such as land frontiers,
maritime boundaries, territorial sovereignty,
and other disputes between two nations;
2. Gives advisory opinions on legal questions
referred to it.
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International Court of Justice
(ICJ)
◉ Main office: Hague, Netherlands
◉ 15 Judges.

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