C Instructional Aids

Army Vision: “By 2028, to be a world-class Army that is a source of national pride”.
Annex C- “Instructional Aids” to LTG on Rule of Law
RULE OF LAW
(Instructional Aids)
STUDENT HAND-OUT
I. BILL OF RIGHTS AND THE HUMAN RIGHTS:
PREAMBLE
Philippine Constitution of 1987
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build
a just and humane society, and establish a Government that shall embody our ideals
and aspirations, promote the common good, conserve and develop our patrimony,
and secure to ourselves and our posterity, the blessings of independence and
democracy under the rule of law and a regime of truth, justice, freedom, love,
equality, and peace, do ordain and promulgate this Constitution.
EXPLINATION:
It shall be the sovereign Filipino people basically through the facilities and structures
of government and through people’s organization.
It is said that the Preamble is not a part of the Constitutions nor a source of rights.
But it can certainly be referred to in knowing the aims or purposes of the
Constitutions. Dean Vicente Sinco says of the Preamble: “The preamble performs a
vital function in a constitution. Its value is not merely formal but real and substantive.
It is to the constitution what the enacting clause is to a statue. The authenticity of the
authorship of the constitution is made patent in the preamble. Without this or
something equivalent to it, the source of authority that gives valid force to the
constitutional mandates may lie concealed, perhaps left to the dangers of uncertain
conjectures.”
Thus, it was pointed out that “general welfare” should really mean “ikabubuti ng
nakararami” while “common good” shall mean “ikabubuti ng lahat”. Thus, all efforts
and rules of society and government should be for the welfare of all, without
exceptions. “The patrimony of the Nation” now read “our patrimony”, to make it more
emphatic, a Nolledo amendment. The words “blessings of independence and
democracy”, an Edmundo Garcia amendment, to underscore the importance of true
independence even in the presence of democratic beliefs and practices.
“Love” is found in the preamble, an amendment by Bishop Teodoro Bacani, to assert

the need for love in the face of divisions and discords that take place among our
people because of varying political and social beliefs, practices, and persuasions.
. Army Core Purpose: “Serving the people. Securing the land.” Page 1 of 51
“Imploring the aid of Divine Providence ” now appear as “imploring the aid of
Almighty God”, to make the reference to God more personal and direct. And by
invoking God in the preamble, Jose Laurel, Sr. said, the Filipino people “thereby
manifested their intense religious nature and place unfaltering reliance upon Him
who guides the destinies of men and nations.”
A. Bill of Rights - sometimes called a declaration of rights or a charter

of rights, is a list of the most important rights to the citizens of a country. The
purpose is to protect those rights against infringement from public officials and
private citizens.
ARTICLE III
Bill of Rights
Section 1. No person shall be deprived of life, liberty, or property without due

process of law, nor shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or
things to be seized.
Section 3.
a. The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety order requires otherwise
as prescribed by law.
b. Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression,
or of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be
allowed. No religious test shall be required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court. Neither
shall the right to travel be impaired except in the interest of national security, public
safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents, and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not contrary to
law shall not be abridged.
Section 9. Private property shall not be taken for public use without just
compensation.
Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasijudicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.
Section 12.
a. Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
b. No torture, force, violence, threat, intimidation, or any other means, which
vitiate the free will shall be used against him. Secret detentionplaces, solitary,
incommunicado, or other similar forms of detention are prohibited.
c. Any confession or admission obtained in violation of this or hereof shall be
inadmissible in evidence against him.
d. The law shall provides for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or similar
practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be valuable by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be required.
Section 14.
a. No person shall be held to answer for a criminal offense without due
process of law.
b. In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided, that he has been duly notified
and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion or rebellion, when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18.
a. No person shall be detained solely by reason of his political beliefs and
aspirations.
b. No involuntary servitude in any form shall exist except as punishment for a
crime whereof the party shall have been duly convicted.
Section 19.
a. Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.
b. The employment of physical, psychological, or degrading punishment

against any prisoner or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
B. Human Rights = It is generally as those rights which are inherent in our

nature and without which we cannot live as human beings. HR are supreme,
inherent and inalienable rights to life, dignity and self-development. It is essence of
the rights that makes man human.
Constitutional Provision Advocating Human Rights:
Art II, Sec. II: The state values the dignity of every human person and guarantees
full respect for human rights.
What Does Humana Rights Provides:
Human Rights and fundamental freedoms allow us to develop and use our human
qualities, intelligence, talents and conscience and to satisfy our spiritual and other
needs. The dignity of man and the right of every person to free development of his
personality is derived from his right.
What are the Consequences of the Denial of Human Rights?:
The denial of Human Rights and Fundamental Freedoms not only is an individual
and personal tragedy but also creates social and political unrest, sowing the seeds of
violence and conflict within and between societies and nations. As the sentence of
the Universal Declaration of Human Rights states, “ Respect for human rights and
human dignity is the foundation of freedom, justice and peace in the world.”
What is Man’s Responsibility in a Humane Society?:
While freedom gives man the right to make moral decisions, he is responsible for the
consequences of his actions and has to answer to his own conscience. The freedom
of an individual is realized and upheld in his relations to other people in the form
given to social life. Freedom in responsibility includes rights and obligations.
What are the Characteristics of Human Rights?:
1. INHERENT – Human Rights are inherent because they are not granted by any
person or authority.
2. FUNDAMENTAL – Human Rights are fundamental rights because without them,

the life and dignity of man will be meaningless.
3. INALIENABLE – Human Rights are inalienable because:
a. They cannot be rightfully taken away from a free individual.

b. They cannot be given away or be forfeited.
4. IMPRESCRIPTIBLE – Human Rights do not prescribe and cannot be lost even if
man fails to use or assert them, even by a long passage of time.
5. INDIVISIBLE – Human Rights are not capable of being divided. They cannot be
denied even when other rights have already been enjoyed.
6. UNIVERSAL – Human Rights are universal in application and they apply
irrespective of one’s origin, status, or condition or place where one lives. Human
rights are enforceable without national border.
7. INTERDEPENDENT – Human Rights are interdependent because the fulfillment
or exercise of one cannot be had without the realization of the other.
What are the Classification of Human Rights?:
1.According to SOURCE:
a. NATURAL Rights: Are GOD given rights, acknowledged by everybody

to be morally good. They are unwritten but they prevail as norms of the society.
EXAMPLE: Right to Life, Dignity, Self-development
b. CONSTITUTIONAL Rights: Are those rights which are protected by
the Constitution and which cannot be modified or taken away by the law-making
body.
c. STATUTORY Rights: Are those rights which are provided by law
promulgated by the law making body and consequently may be abolished by the
law-making body.
2.According to RECIEPENT:
a. INDIVIDUAL Rights: Are those being accorded to individuals.
b. COLLECTIVE Rights: Are also called “People Rights” or “ solidarity
rights” which refers to the right of the society. These can only be enjoyed in
company with others.
EXAMPLE: Right of peaceful assembly, right to peace, right to development, right to
self-determination and right to environment.
3.According to ASPECT OF LIFE:

a. CIVIL Rights: Are those rights which the law will enforce at the
instance of private individuals for the purpose of securing to them the enjoyment of
their mean of happiness. To name a few, they include the right against involuntary
servitude and imprisonment for non-payment of debt or a poll tax.; The constitutional
rights of the accused; the social and economic rights; liberty of abode and a
changing the same.
b. POLITICAL Rights: Are those rights which enable us to participate in
running the affairs of the government either directly or indirectly.
EXAMPLE: Right to vote; right of information on matters of public concern; and the
right to initiative and referendum.
c. ECONOMIC and SOCIAL Rights: Are those rights which the law
confers upon the people to enable them to achieve social and economic
development, thereby ensuring the well-being, happiness and financial security.
EXAMPLE: Right to property; right to education; promotion of social justice.
d. CULTURAL Rights: Are those rights that ensure the well-being of the
individual and foster the preservation, enrichment and dynamic evolution of national
culture based on the principle of “Unity in Diversity” in a climate of free artistic and
intellectual expression.
4.According to ITS DEROGABILITY:
a. NON-DEROGABLE or OBSULUTE Rights: Are those rights that

cannot be suspended nor taken neither away nor restricted/limited even in extreme
emergency and even if the government invokes national security.
EXAMPLE: Right not to deprived of life arbitrary; Right of freedom from torture,
Right to be recognized as a person; Right to freedom of thought or conscience.
b. DEROGABLE or RELATIVE Rights: Are those rights which may be
suspended, restricted or limited depending on the circumstances which call for the
preservation of social life.
EXAMPLE: Right To free move may be limited through the imposition of curfews.
HOWEVER, the Imposition of restrictions on certain individual rights must satisfy
three (3) requirements for it to be valid namely:
1) It is provided by law which is made known to the citizen.
2) There is the state of emergency which necessitates the urgent
preservation of the public good, public safety and public morals
3) It does not exceed what is strictly necessary to achieve the
purpose.
Importance of Human Rights:
A. The Government and HR

NATIONAL SECURITY THRUSTS
-Governance (patronage politics, proliferation of PAGs, credible
elections)
-Delivery of Basic Services
-Economic Reconstruction & Sustainable Development.
B. WHY IS HR IMPORTANT?
CONSTITUTIONAL MANDATE
-AFP is the protector of the people and the State.
-To secure the sovereignty of the State and the integrity of the national
C. The AFP and HR
SECURITY SECTOR REFORM:
-Policies and Procedures.

-Capability & Capacity upgrades.
-Professionalizing the AFP.
-Insulating the AFP from partisan politic.
D. PROMOTION AND PROMOTION OF HUMAN RIGHTS

Methods of Enforcement of Human Rights
As media attention has focused worldwide attention on HR violations, which were

formerly regarded as purely internal matters, methods to achieve internationally
accepted standards of conduct for governments have been sought by the
international community. There has been a checked record of enforcement as
government, or individuals acting with the apparent authority of the government, are
often perpetrators of violations of HR and therefore take steps to defend themselves
from criticism and security. As the turn of the century approaches, international
emphasis on HR has taken on growing significance for the world's economy and
security as well as the quality of life of all people. The International Community uses
various means to achieve human rights goals worldwide.
1. Examples. Each country is aware that its own human rights record will serve as
an example for other countries to follow.
2. Diplomacy. Representative from the country often address HR concerns in
private meetings.
3. Asylum to Political Refugees. Many countries including the U.S., have
immigration laws which allow persons fleeing their homeland because of their
political beliefs to immigrate. Foreign nationals requesting political asylum on a base
in U.S. territory or on a U.S. ship on the high seas will not be turned over to another
government without Department Approval. Foreign nationals who present
themselves at a U.S. installation, aircraft or ship within the territory of another
country will not be granted asylum. They may, however, be granted temporary
refuge if their lives or safety is in immediate danger.
4. World Opinion. If diplomacy and example do not work, government official may
choose to speak out publicly against a particular country's HR record, thereby using
political pressure for change.
5. Foreign Assistance. Wealthy nations will sometimes provide funds for
development and economic relief to poorer nations. These funds can be suspended
for governments that consistently violate HR.
6. Economic Sanctions. Individual countries will reduce economic cooperation with
a country that continues to violate HR. For example, the United States has
threatened to withdraw "most favored nation" trading status with China over HR
abuses.
7. United Nations or Regional Organization Action. The United Nations or other
regional organization, such as Organization of American States, will act to put
political and economic pressure on countries that commit HR abuses. The United
Nations has formal processes for receiving, investigating and acting on allegations of
alleged HR abuses. Although persuasion is the primary tool, the U.N. can vote to
impose economic sanctions against the offending countries.
Human Rights During Custodial Investigation and Tactical Interrogation
1.Rights of the Accused.

a. Rights of a Person Prior to Investigation Miranda Doctrine (laid down by the
United States Supreme Court in Miranda vs Arizona) "The right to be warned prior to
any questioning that he has the right to remain silent, that anything that he says can
be used against him in a court law, that he has the right to the presence of any
attorney, and that if he cannot afford an attorney, one will be appointed for him prior
to any questioning if he so desires."
b. Rights of A Person Under Investigation

Article III - Bill of Rights (1987 Philippine Constitution)
1) Right to remain silent (Sec. 12.2)
2) Right to counsel (Sec. 12.1)
3) Right against torture (Sec. 12.2)
4) Right against secret detention
Sec. 11 Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
Sec. 12
(1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided one. These rights can not be waived
except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which shall
be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 thereof
shall be inadmissible evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices.
Sec. 13 All persons, except those charged with offenses punishable by reclusion
Perpetua when evidence of guilt is strong, shall, before conviction, be ail able by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
Sec 14 (1) No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to
be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified
and his failure to appear is unjustifiable.
Sec 15 The privilege of the writ of habeas corpus shall not be suspended except in
case of invasion or rebellion when the public safety requires it.
Sec 16 All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.
Sec 17 No person shall be compelled to be a witness against himself.
Sec 18 (1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.
Sec 19 (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any

prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
Sec 20 No person shall be imprisoned for debt or nonpayment of a poll tax.
Sec 21 No person shall be twice put in jeopardy of punishment for the same offense.
If an act is by law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
Sec 22 No ex post facto law or bill of attainder shall be enacted.
c. Rights of the Accused At The Trial

Sec. 1 Rules of Court annotated, 1991 First Edition, By Paras In all criminal
prosecutions, the accused shall be entitled:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt;
(b) To be informed of the nature and cause of the accusation against him;
(c) To be present and defend in person and by counsel at every stage of the
proceedings, from the arraignment to the promulgation of the judgment. The accused
may, however, waive his presence if specifically ordered by the court for purposes of
identification. The absence of the accused without any justifiable cause at the trial on
a particular date of which he had notice shall be considered a waiver of his right to
be present during that trial. When an accused under custody had been notified of the
date of the trial and escapes, he shall deemed to have waived his right to be present
on said date and on all subsequent trial dates until custody is regained. Upon
motion, the accused may be allowed to defend himself in person when it sufficiently
appears to the court that he can properly protect his right without the assistance of
counsel.
(d) To testify as a witness in his own behalf but subject to cross-examination on
matters covered by direct examination. His silence shall not in any manner prejudice
him;
(e) To be exempt from being compelled to be a witness against himself;
(f) To confront and cross-examine the witnesses against him at the trial. Either party
may utilize as part of its evidence the testimony of a witness who is deceased, out of
or can not with due diligence be found in the Philippines, unavailable or otherwise
unable to testify, given in another case or proceeding, judicial or administrative,
involving the same parties and subject matter, the adverse party having had the
opportunity tocross-examine him;
(g) To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf;
(h) To have a speedy, impartial and public trial; and
(i) To have the right of appeal in all cases allowed and in manner prescribed by law.
Human Rights Violations Under

CHR Jurisdiction
2.CHR Resolution No. A96-005. This resolution revokes CHR Resolution No A88-
Q45 and Circular 001 series of 1988 and consequently lays down the HR violation
cases the CHR should henceforth investigate for purposes of prosecutions, such as
but not limited to:
a. Rights of prisoners or detainees against physical, psychological and degrading
punishment resulting in the commission of crimes against persons as provided in
Title Eight of Republic Act No. 3815, as amended, and the related special laws;
b. Constitutional guarantees provided against the use of torture, Force, violence,

threat, intimidation and other means that vitiate the free will of any person or force
him to do anything or sign any document against his will; c. Right to a fair and public
trial as recognized under the Constitution, applicable laws and statutes and
jurisprudence;
d. Right to life without due process of law, where its commission is tantamount to
summary execution and/or extrajudicial execution (salvaging).
e. Liberty of abode and of changing the same within limits prescribed by law, except
upon lawful order of the court, where the acts committed constitute ham letting, force
eviction/illegal demolition, or development aggression;
f. Right of the people to be secure in their persons, houses,
papers and effects against unreasonable searches and seizures as defined in
Articles 124, 125, 126, 127, 128, 129 and 130 of Title II and in Articles 269, 280, 282,
287 of Title Nine of Republic Act No. 3815, as amended, and the related special
laws, where said acts are committed in the course or by reason thereof or when
involuntary or enforced disappearance as defined under applicable laws or
international treaty obligations on HR resulted or was the reason for the violations;
g. Right of persons arrested, detained or under custodial investigation as well as the
duties of the arresting, detaining, and investigating officers defined under Republic
Act No. 7438; h. Right of the people to peaceably assemble and petition the
government for redress of grievances which are defined in Articles 131 under Title
Two of Republic Act No. 3815, as amended, and the related special laws;
i. Right of the people to be free from involuntary servitude in
relation to Section 18(2) of Articles 272, 273, 274, of Title Nine, Article 341 and the
related special laws;
j. Free exercise and enjoyment of religious profession and worship, without
discrimination of religion in relation to offenses defined in Articles 132 and 133 of
Title Two of Republic Act No. 3815, as amended, and other related special laws,
including offenses against the religious, such as the desecration of places of worship
and or acts notoriously offensive to the feelings of the faithful;
BHRAC Program: A Nationwide Mobilization

Program for Human Rights Protection and
Advocacy at the Barangay Level
Concept. Under this program, the Barangay Human Rights Action Center, or
BHRAC, has been conceived so that the CHR will be within the reach of the people,
especially in the far flung areas. The CHR field/ sub offices are based mainly in the
regional centers and capitals of provinces. With the activation of the centers
complainants, especially those coming from remote areas, can save time and effort,
not to mention financial expenses, in filing their complaints. Likewise, education and
information campaigns can readily be brought down to the grassroots level.
Functions
a. Complaints Processing Function
b. Information/Education Function
c. Coordination and Referral Function
d. Mobilization Function
The BarangayHR Action Officer (BHRAO)
a. The BHRAO shall be the person in charge of the Barangay Human Rights Action
Center. He/She shall oversee its operations.
b. Qualifications of the BHRAO:
1) He/She is at least a high school graduate;
2) He/She is not less than 21 years old;
3) He/She must be a person of probity and integrity; Once appointed he/she
must not engage in partisan political activity / ties;
4) Committed to the cause of human rights;
5) Willing to undergo BHRAO training.
c. Designation of BHRAO A barangay assembly meeting shall be convened for the
purpose of nominating candidates and finally designating the person whoshall serve
as the BHRAO.
The BHRAO shall be chosen through viva voce voting by a majority of those present
in the barangay assembly meeting. The voting shall be jointly supervised by the
City / Municipal Planning and Development and City /Municipal Local Government
Operations Officer. d. The BHRAO shall hold office in any area assigned by the.
Chairman of the Barangay Council. The Barangay Council is also encouraged to
appropriate allowances/honoraria for BHRAO and provide them with facilities,
supplies and other necessary means to enable them to perform their functions
effectively.
Annex D- “Instructional Aids” to LTG on Rule of Law
RULE OF LAW
II. INTERNATIONAL HUMAN LAW: (ROTC MS-3 (RSTC) STUDENTS)
Introduction:
Where did international Humanitarian Law Originated?

International Humanitarian Law is rooted in the rules of ancient time civilizations and
religions – warfare has always been subject to certain principles and customs.
Universal codification of international of international humanitarian law begin in the
19th century. Since then, states have agreed to a series of practical rules, based on
the bitter experience of modern warfare.
International Humanitarian Law distinguishes between international and non-

international armed conflict. International armed conflicts are those in which at least
two states are involved. They are subject to a wide range of rules, including those
set out in Geneva Conventions and Additional Protocols I.
Non- International Armed Conflict are those restricted to the territory of a single
State, involving either regular armed forces fighting groups of armed dissidents, or
armed group fighting each other. A more limited range of rules applies to
international armed conflicts, and is laid down in Article 3 – common to the four
Geneva Conventions- as well as in additional Protocols II
Nature and Meaning:
-Subset of Public and Customary International Law that applies only in times
of armed conflict
-Aims to limit the negative impact of armed conflict, especially on civilians
-Protects persons who are not (or are no longer) participating in the hostilities
-Also restricts the means and methods of warfare
-Customary IHL predates treaty laws, such as the Geneva and Hague
Conventions
IHL also known:

-International Humanitarian Law (IHL)
-Law of War (LOW)
-Laws of Armed Conflict (LOAC)
Purposes of IHL/LOAC:
International Humanitarian Law impose obligations on all parties to a conflict to

respect, and ensure respect for IHL.
IHL provides for measures to be taken to prevent or punish war crimes. War crimes
are grave breaches of the Geneva Conventions and their additional Protocols, and
other serious violation of international Humanitarian Law.
Examples of war are crimes: attacking civilians, recruiting children as a soldier,

torturing prisoners and sexual violence.
Those responsible for breaches must be punished, where possible in national courts
or if not possible, then in international courts, such as the international criminal court
(ICC). The UN established ad hoc criminal tribunals for the former Yugoslavia and
Rwanda, but the main responsibility rest with each state to prevent and prosecute
war crimes.
Sources of IHL:
The Geneva Tradition deals with non- combatants. The GC and their Additional
Protocols are international treaties that contain the important rules, limiting the
barbarity of war. They protect people who do not take part in the fighting (civilians,
medics and aid workers) and those who ca no longer fight (wounded, sick and
shipwrecked troops, and prisoners of war) ICRC plays a key role in the oversight,
promotion and monitoring of the Geneva conventions.
The Hague Tradition deals with warfare i.e., the prohibition of the use of munitions
and weapons that cause excessive human suffering among combatants.
Customary International Humanitarian law identifies the common core of

international law, binding on all parties to all armed conflicts. A rule is customary if it
reflects state practice, and when there exists a conviction in the international
community that such practice is required as a matter of law. While treaties bind
those states that have ratified them, customary law norms are binding on all state.
Practice done out of sense of moral and legal obligation that are long standing and
uniform in practice.
Treaty Law is the codification of customary practice.
Who looks after IHL obligations? ICRC plays a vital role.

The ICRC is a neutral, impartial and independent humanitarian organization. Its
nature and membership are non-governmental. Its mandate to protect and assist the
victims of armed conflict, has been conferred on it by state through the four (4)
Geneva Conventions of 1949 and their Protocols 0f 1977, which are worthy
successors of the First Geneva Convention of 1864.
Geneva Conventions:
Convention 1: Represents the fourth version of the GC on the wounded and sick
after those adopted in 1864, 1906 and 1929. The fundamental principles as well as
the division into chapters remained the same as in the preceding version with the
exception of the new introductory chapter on general provisions. Changes were
made especially in Chapter IV (personnel). Medical personnel and chaplains falling
into enemy hands had to be immediately repatriated. The 1949 Convention, taking
into account of changed conditions of war. The provisions on medical equipment
were correspondingly altered. In the chapter on medical transports it was provided
that medical aircraft may in certain circumstances fly over neutral territory. Some
clarification were made as regards the article on the use of the emblem (Article 44)
Convention 2: The present convention replaced Hague Convention (X) of 1907 for
the adaption to maritime warfare of the principles of GC. It contains 63 articles
whereas the 1907 convention had only 28. This extension is mainly due to the fact
that the present convention is conceived as a complete and independent convention
whereas the 1907 convention restricted itself to adapting to maritime warfare the
principles of the convention on the wounded and sick in land warfare. In its structure
the 1949 convention follows closely the provision of the GC (I) of 1949.
Convention 3: The present convention replaced the prisoners of war convention of

1929. It contains 143 articles whereas the 1929 convention had only 97. It became
necessary to revise the 1929 convention on a number of points owing to the changes
that had occurred in the conduct of warfare and the consequences thereof, as well
as in the living condition of the people.
Convention 4: GC which were adopted before 1949 were concerned with

combatants only, not with civilians. Some provision concerning the protection of
populations against the consequences of war and their protection in occupied
territories are contained in the regulations concerning in the laws and customs of war
on land.
Additional Protocols:
The Geneva Convention and their additional protocols are at the core of international
humanitarian law, the body of international law that regulates the conduct of armed
conflict and seeks to limit its effects. They specially protect people who are not
taking part in the hostilities (civilians, health workers and aid workers) and those
who are no longer participating in the hostilities, such a s wounded, sick and
shipwrecked soldier an prisoners of war.
For the armed forces to be guided RULES were crafted to lessen the effect of the
war and to protect the civilians and persons no longer participated and hostilities and
also to for the prisoners privileges. It also distinguished the combatant and non-
combatant, and person or groups vulnerable such as women, children person with
disability, prisoners.
THE LAW OF WAR FOR ARMED FORCES
Human rights advocacy of the military begins with having a corps of disciplined
soldiers. The soldiers give value to the rights of the people as their contribution to
world peace and humanity.
Terms of References
Summary rules for non-international armed conflict

Rule. Only a few law of war provisions relate to non-international armed conflict.
They constitute in fact summaries of the essential rules applicable to all armed
conflicts.
Shortest summary. A shorter summary of the law of war is constituted by:
a. Article 3 common to the Geneva Conventions of 1949;
b. Article 4 of the Hague Convention for the protection of cultural property of
1954. These articles apply in armed conflicts occurring on the territory of a State
party to these Conventions. There are no express requirements with regard to

intensity and
level of conflict.
Longer summary. A longer summary is constituted by Additional Protocol II to the
Geneva Conventions of 1949; This Protocol II develops and supplements Article 3
common to the Geneva Conventions of 1949.
Longer summary. (Military level required) Additional Protocol II applies when the
non-governmental armed forces and groups:
a. Are under responsible command;
b. Are able to respect the law of war;
c. Exercise such control over a part of the State's territory as to enable them
to carry out sustained and concerted military operations.
Comparison between shorter and longer summary. In the absence of specific
applicability requirements, Article 3 common to the Geneva Conventions of 1949 and
Article 4 of the Hague Convention for the protection of cultural property of 1954 apply
to a wider range conflicts than Additional Protocol II to the Geneva Conventions of
1949. Thus, there can be conflicts which are already armed conflicts under the two
above articles, but still not armed conflicts within the meaning of Additional Protocol
II
Armed forces under the law of war. The II armed forces" of a State of a Party to
the conflict consist of all organized units and personnel which are under a command
responsible for the behavior of its subordinates.
Responsibility to the Party to the conflict. The command of the armed forces
must be responsible to the belligerent Party to which it belongs.
Military Objectives:
a. The armed forces except medical service and religious personnel and
objects;
b. The establishments, buildings and positions where armed forces or their
materials are located (e.g. positions, barracks, stores);
c. Other objects
1) Which by their nature, location, purpose or use make an effective contribution to
military action and
2) Whose total or partial destruction, capture or neutralization, in the circumstances
ruling at the time, offers a definite military advantage.
Civilian in a military objective. A military object remains a military objective even if
civilian persons are in it. The civilian persons within such an objective or its
immediate surroundings share the danger to which it is exposed.
Definition: "Civilian objects" means any object which is not a military objective.
Objects which are normally civilian objects can, according to the military situation,
become military objectives (e.g. house or bridge tactically used by the defender and
thus a target for an attacker). In case of doubt whether an object which is normally
dedicated to civilian purposes (e.g. a place of worship, a house or other dwelling, a
school) is a military objective, it shall be considered as a civilian object.
Civilian field: In the civilian field, the specific protection aims at:
a. Allowing the normal functioning of:
1) The civilian medical service;
2) Religious personnel of the civilian medical service and of civil defense;
3) Civil defense;
b. Avoiding any damage to cultural objects and places of worship;
c. Avoiding danger to a large number of civilian persons:
1) Through attacks against works or installations containing dangerous forces (dams,

dykes, nuclear power plants);
2) In demilitarized zones.
Dead. The laws of war provisions relating to the dead are based on the right of
families to know the fate of their relatives. Those provisions deal also with the
remains, ashes and gravesites of the dead.
Missing Persons. The provisions relating to the dead apply as far as appropriate
also to missing persons.
Command Responsibility
Introduction. This part deals with the responsibility every commander has, to assure
respect for the law of war within his sphere of command, and with his particular
responsibility for law of war training, organization measures and preparedness to
solve problems resulting from specific circumstances.
a.General responsibility
Overall responsibility in military operations
a. Rule. The commander of all forces engaged in a military operation has the
general responsibility for ensuring respect for the law of war. According to the
situation, he will be the commander-in-chief himself, a theatre commander or any
commander with an independent mission in a larger area.
b. Geographical extent: General command responsibility extends to all land,
sea and air areas of military operations, movements and locations.
c. Military extent: General command responsibility covers the whole command
chain as well as the various evacuation channels.
d. Civilian extent: General command responsibility extends to the civilian field
in so far as the law of war requires this, particularly with regard to cooperation with
civilian authorities.
e. Specific circumstances rule: The holder of the general command
responsibility shall be constantly prepared to meet specific circumstances and to
solve the problems resulting from them (e.g. warfare between dissimilar forces,
action in an unusual environment, unusual supply and evacuation circumstances);
f. Specific circumstances: guidance to subordinates: Appropriate guidance (e.g. rules
of engagement) shall be given to subordinates with regard to specific circumstances.
b. Responsibility of every commander
a. Rule: Respect for the law of war is a matter of order and discipline. As with
order and discipline, the law of war must be respected and enforced in all
circumstances.
b. Prevention: The commander himself must ensure that:
1) His subordinates are aware of their obligations under the law of war;
2) The necessary measures are taken to prevent violations of the law of war.
c. Control: The commander himself must ensure that subordinates respect the
law of war.
d. Violations of law of war: The commander must ensure that in case a breach
of the law of war:
1) The breach ceases;
2) Disciplinary or penal action is taken.
e. Failure to act: The commander's responsibility extends to breaches of the law of
war resulting from a failure to act when under a duty to do so.
c. Cooperation with civilian authorities
a. Rule: To reduce risk incurred by civilian persons and objects from military
operations or military presence, commanders shall seek close operation with civilian
authorities as appropriate to the tactical situation.
b. Purpose: Cooperation should allow civilian authorities to take all practicable
measures and precautions to protect civilian persons and objects under their control:
d. Specific circumstances
Warfare between dissimilar forces
a. Rule: Warfare between dissimilar forces (or unequal or unbalanced
warfare) means warfare where opposing belligerents use very different tactics and /
or means of combat. As the law of war has not been conceived for such situations,
the holder of general command responsibility shall fill the resulting gaps by
appropriate action (e.g. search for information, rules of engagement, and particular
instructions).
b. Information needed: Search for information shall aim at making
known:
1) Enemy organization (e.g. type and size of combat units, logistics system);
2) Enemy armament (e.g. type of weapons, self made ad hoc weapons);
3) Enemy tactics (e.g. in uniform, without uniform, carrying weapons openly or
concealing them when not using them, ruses of war or stratagems, usually small
scale operations such as ambushes, sabotage, infiltration);
4) Environment of operations (e.g. friendly or hostile population, unusual natural
environment: climate, vegetation, etc.)
c. Appropriate own action: With the information gained, the holder of general
command responsibility shall evaluate the law of war problems arising for his forces.
He shall thereafter determine appropriate action and behavior in conformity with the
law of war. Such action and behavior shall be prescribed in:
1) General rules of engagement; and/ or
2) Particular instructions.
d. Main problems to solve: The main problems to solve are:
1) A clear distinction between combatants and civilian persons, between military
objectives and civilian objects, and practical recommendations to ensure it;
2) Organizational measures and behavior when in contact with civilian persons,
wounded and captured combatants;
3) Plan and organization of the various evacuation channels;
4) Organization of supply and logistics in general in such a way as to avoid
endangering the civilian persons possibly involved (e.g. separate logistics channels);
5) Adequate training before entering into action.
e. Action in an unusual environment Tactical action in enemy controlled area:
Smaller units (e.g. patrols, raids) operating isolated in an enemy controlled area shall
have precise instructions and orders of behavior (e.g. own and I or enemy wounded,
dead, prisoners, contacts with civilian areas, logistics). Prescribed behavior shall be
consistent with the mission: (e.g. combat mission where enemy contact is probable,
reconnaissance mission where enemy contact has to be avoided).
Exercise of Command
a. Mission. In the exercise of command, it starts with the mission. As soldiers, we

are bound to follow legal orders from our superiors. As subordinates, upon receipt of
the mission, we must "respect its fulfillment as requirement of order and discipline,"
according to para 337, See 4.1 of the Handbook On The Law of War For Armed
Forces.
b. Elements for decision-making.
a. Search for Information.
1) Rule. Search for information consistent with the law of war is based in the
distinction to be made between permitted and prohibited methods.
2) Permitted Search. Search for information of military value in areas controlled by
the enemy is legitimate if executed;
(a) In uniform; or
(b) Not concealing combatant status (e.g. not wearing a disguise).
3) Restricted search: espionage, Search for information of military value in areas
controlled by the enemy is considered as "espionage" if executed:
(a) Through an act of false pretenses; or
(b) Deliberately in a clandestine manner.
b. Spies may be used. However, a combatant captured while
engaging in espionage loses his right to prisoner of war status -and maybe punished.
1) Restricted search: enemy combatants, Captured combatants may be questioned.
However, they are only bound to give information for their personal identification.
Conduct of Operations
Conduct of operations. This part deals with the law of war rules and constraints for
conduct of operations by aiming at presenting common provisions applicable on
land, at sea, in the air and in joint operations, and with the particulars for attack,
defense, movements and locations.
a. Conduct of operations in general, relates to conduct principles, to means
and methods of combat, to deception, to exclusion zones, to objects and areas
under specific protection and to precautionary cooperation with civilian authorities;
b. Conduct of attack relates to the concept of attack, to the particular
constraints to be respected and to the precautions to be taken with regard to civilian
persons and objects;
c. Conduct of defense relates to the concept of attack, to the particular
constraints to be respected and to the precautions to be taken with regard to civilian
persons and objects;
d. Movements and locations relates to the constraints to be respected and to
the precautions to be taken in all situations other than attack and defense.
a.Conduct of operations in general

a. Conduct of principles
b. Means and methods of warfare. The right to choose means and methods of
warfare is not unlimited.
c. Unnecessary suffering and damage. The principle of avoiding unnecessary
suffering and damage prohibits all forms of violence that are not required for the
overpowering of the enemy.
d. Distinction between military and civilian field, at all times a distinction shall
be made between:
1) Combatants and civilian persons;
2) Military objectives and civilian objects.
e. Sparing of civilian persons and objects. Constant care shall be taken to
spare the civilian population, civilian persons and civilian objects. The purpose of
such care is primarily to avoid and in any event to minimize civilian casualties and
damages (e.g. consideration of populated areas, possibilities of shelter, movements
of civilian persons, important civilian objects different danger according to time of the
day).
f. Proportionality rules of engagement. The rule of proportionality shall be
respected. An action is proportionate when it does not cause incidental civilian
casualties and damage which is excessive in relation to the value of the expected
result of the whole military operation. The rule of proportionality cannot be used to
justify unlimited destruction or attacks on civilian persons and objects as such.
Guidance to subordinates shall be given in rules of engagement (general and or /
specific).
g. Planning. When planning actions that could endanger civilian persons and
objects the same extent of care and precautions which are to be taken in the conduct
of operations must be also taken at this stage.
b. Information needed.
a. Rule. To fulfill his mission, the commander needs appropriate information about
the enemy and the environment.
To comply with the law of war, information must include:
1) Concentrations of civilian persons;
2) Civilian surroundings of military objectives;
3) Nature of built up areas (towns, villages, shelters, etc.);
4) Existence and nature of important civilian objects particularly of specifically
protected objects;
5) Natural environment.
b. Application. Search for information shall be made with a view to applying the
distinction between permitted and prohibited methods.
c. Means of combat.
a. Rule. The means of combat shall be chosen and used so as to:
1) Avoid civilian casualties and damage;
2) Minimize in any event unavoidable casualties and damage.
b. General prohibitions. It is prohibited to use weapons of a nature to cause:
1) Superfluous injury of unnecessary suffering;
2) Widespread, long-term and severe damage to the natural environment.
c. Specific weapons. Several weapons are governed by particular treaties.
These treaties establish two categories of specific weapons:
1) Weapons the use of which is totally prohibited
2) Weapons the use of which is permitted under certain conditions.
c. Methods of combat
a. Survival of population: rule, Starvation as a method of warfare against civilian
persons is prohibited. It is prohibited to attack, destroy, remove or render useless
objects indispensable to the survival of the civilian population (e.g. foodstuffs,
agricultural areas producing foodstuffs, crops, livestock, drinking water installations
and supplies, irrigation works) for the specific purpose of starvation.
b. Survival of population: exceptions, Objects indispensable to the survival of the
civilian population are excluded from protection, if:
1) They are used solely for sustenance of the armed forces;
2) They are used in direct support military action (but the civilian population may not
be thus reduced to starvation or forced to move);or
3) The military defense of the national territory against invasion imperatively so
requires.
c. Terror. Acts of threats of violence with a primary purpose to spread terror among
the civilian population are prohibited.
d. Threat or order to take no prisoners. It is prohibited to order that there will be no
survivors, to threaten the enemy there with or to conduct operations on this basis.
d. Deception effects anticipated
a. Rule. To fulfill his mission, the commander endeavors to mask his
intentions and action from the enemy to induce him to react in a manner prejudicial
to his interests. Thus, to be consistent with the law of war, deception shall follow the
distinction between permitted ruses and prohibited perfidy.
b. Permitted deception: ruses of war, "Ruses of war" or "stratagem" means
any act not amounting to perfidy but intended:
1) To mislead the enemy; or
2) To induce the enemy to act recklessly.
Ruses of war are permitted.
c. Permitted deception. Examples of ruses of war are:
1) Camouflage (natural, paints, nets, smoke);
2) Displays (decoys, feint);
3) Demonstrations, mock operation;
4) Disinformation, misinformation;
5) Technical (electronic communications).
d. Restricted deception: emblems of nationality of enemy States; It is
prohibited to use the flags, emblems or uniforms of the enemy:
1) While engaging in combat action;
2) In order to shield, favor or impede military operations.
e. Restricted deception: flag of warships, as a rule, hoist their national flag.
Traditionally they were permitted to fly false flags at any time, under the condition
that they show their true flag prior to-going into combat action. These days,
recognition of the nationality of worship rarely in practice takes place by virtue of its
flag as sole criterion.
f. Prohibited deception: emblems of nationality of neutral States, It is
prohibited to use flags emblems or uniforms of neutral States.
g. Prohibited deception: emblem of the United Nations, It is prohibited to use
distinctive emblem of the United Nations, except as authorized by that Organization.
h. Prohibited deception: distinctive signs and signals; It is prohibited to make
improper use (that is to mark other persons and objects than those entitled to) of:
1) The distinctive signs and signals of medical service;
2) The distinctive sign of civil defense;
3) The distinctive sign of cultural objects;
4) The distinctive sign of works and installations containing dangerous forces;
5) The white flag (flag of truce);
6) Other internationally recognized distinctive signs and signals (e.g. ad hoc signs for
demilitarized zones, for non-defended localities, ad hoc signals for civil defense).
i. Prohibited deception: perfidy, It is prohibited to kill, injure or capture an
enemy by resorting to perfidy. "Perfidy" consists of committing a hostile act under the
cover of a legal protection.
j. Prohibited deception: examples of perfidy, The following acts are examples
of perfidy:
1) To pretend an intent to negotiate under a flag of truce;
2) To pretend to surrender;
3) To pretend being incapacitated by wound and sickness;
4) To pretend being a civilian or non-combatant;

5) To pretend having protected status by the use of flags, emblems or uniforms of
the United Nations or of neutral States.
k. Prohibited deception: shields, It is prohibited to move medical
establishments or transports, civilian persons or prisoners of war or to use their
presence to render certain areas or military objectives immune from combat actions
(e.g. to shield military objectives from attacks, to shield military actions).
e. Exclusion Zones and Similar Areas
a. Rule. The armed forces of a belligerent Party may physically control certain
sea areas (other than territorial waters of neutral States) and the air space above
them. The size and extent of such areas must not exceed military needs. Such an
area can be declared an exclusion zone or similar area (e.g. military area, barred
area, war zone, operational zone and access to it may be restricted.
b. Examples. Examples of exclusion zones or similar areas are;
1) Maritime operational zone (e.g. prohibited access for any foreign ship and
aircraft);
2) Blockaded area (e.g. prohibited access to specified coastal areas and ports).
c. Significance, rules of engagement, delimitation. A belligerent Party
establishing an exclusion zone or similar area shall clearly state its significance (e.g.
warning for neutral and nonmilitary enemy shipping). The size, perimeter and
duration of the exclusion zone shall be established clearly. When an exclusion zone
is divided into different sub- zones (e.g. outer and inner circle), the precise
restrictions and delimitations shall be stated for each sub- zone. Rules of
engagement shall guide subordinates.
d. Information. Appropriate information shall be given to the
belligerent parties and to neutral States on:
1) The restrictions of the exclusion zone and possible sub zones (e.g. absolute
prohibition to enter it for any foreign vehicle, ship or aircraft);
2) The action that will be taken without any special warning against any intruder into
such zones. When the tactical situation permits, intruders should be stopped and
questioned and, if innocent, sent on their way.
f. Specifically protected objects
a. Information needed: location objects: Through intelligence the commander
shall get information on the existence of the militarily relevant specifically protected
objects in his area of operations.
b. Information needed: detail of objects, The commander shall search for
additional information on the specifically protected objects which are:
1) Important in size;
2) Particularly endangered through their location.
c. Precautions to be taken. The information gained shall lead to precautions
such as:
1) Alternative solutions (e.g. avoiding the immediate vicinity of an object, use of other
road for transportation);
2) Recommendations with regard to particularly valuable and endangered parts of an
object;
3) Recommendations for proper and sufficient marking of objects and their personnel
(e.g. by the defender directly to the local authorities, by the attacker to his opponent
either directly or when time allows, through intermediaries).
g. Protected zones
a. Preplanned protected zone. Preplanned protected zones are established by

agreement between belligerent Parties or can be internationally recognized as:
1) Hospital zones and localities;
2) Centers containing monuments (mainly cultural objects under special protection);
3) Demilitarized zones.
b. Improvised protected zones: non-defended localities. Improvised protected
zones are areas from which military objectives and activities have been taken out,
and which:
1) Are situated near or in a zone where armed forces are in contact; and
2) Are open for occupation by the enemy. Such areas are called "non-defended
localities." Unlike demilitarized zones (for which an agreement is required), they can
be established through unilateral declaration notified to the enemy Party. That Party
shall acknowledge the receipt of the notification. However, for greater safety, formal
agreements are recommended also for non-defended localities. The conditions to be
fulfilled by both demilitarized zones and non- defended localities are in practice the
same.
c. Duty of commanders. Locally competent commanders shall ensure that the
necessary measures for the respect of the protected zone be taken (e.g. details for
practical execution of agreements, additional measures, guidance to civilian
authorities).
d. Advice to civilian authority. Appropriate advice shall be given to the civilian
authority about practical aspects and conditions to be fulfilled (e.g. responsibility over
zone, delimitation and marking of perimeter, military personnel, equipment and
objectives to be removed, control of access, supply, hygiene, public order, police
functions, information to population).
e. Ad hoc civilian authority. In all cases where the perimeter of the protected
zone does not correspond to the official boundary of a town, district or similar, the
administrative responsibility (civilian "command authority") over that zone must be
clearly established. An ad hoc area requires an ad hoc authority with corresponding
responsibility.
f. Zone perimeter, ad hoc distinctive sign. The zone perimeter should be
clearly perceivable from the air and the ground (e.g. beach, edge of built- up area or
forest, main road, river). Where appropriate, the zone perimeter shall be marked by
agreed signs of sufficient size and visibility.
g. Instructions to armed forces. The armed forces shall be given precise
instructions for behavior:
1) When leaving the protected zone; or
2) When abandoning it without fighting; or
3) When taking it over; or
4) When being prohibited from extending military operations to the zone; or
5) When engaged in combat action in the vicinity of the zone.
h. Cooperation with civilian authorities
a. Rule. Cooperation with civilian authorities shall aim at the survival of the
civilian population with the least possible civilian casualties and damage which could
result from military action (e.g. safeguard measures in favor of the population such
as warning, shelter, evacuation, information on dangerous areas).
b. Civilian logistics. Civilian logistics shall, as a rule:
1) Not be hampered;
2) Be supported by military means (e.g. transports), when the tactical situation

permits. Locally competent commanders shall take the appropriate cooperation
measures (e.g. through police, information).
c. Specifically protected objects, protected zones. Locally competent
commanders shall cooperate with civilian authorities with regard to specifically
protected objects and protected zones (e.g. mutual information on their existence
and perimeter, the military and civilian command organization, the behavior of
military and civilian persons).
i. Conduct of attack
a. Rule. The attack may only be directed at a specific military objective. The
military objective must be identified as such and clearly designated and assigned.
The attack shall be limited to the assigned military objective.
b. Choice of objective. When a choice is possible between several military
objectives for obtaining a similar military advantage, the objective to be selected
shall be that, the attack on which would cause the least danger to civilian persons
objects.
c. Joint objectives. The attack is prohibited which treats as single military
objectives located in a city, town, village or other area containing a similar
concentration of civilian objects.
d. Sea convoy, air convoy. Merchants’ ships escorted by enemy warships and
civilian aircraft escorted by enemy military aircraft may be attacked.
e. Direction and moment of attack. The direction and the moment of the attack
shall be chosen so as to limit civilian casualties and damage
(e.g. attack of factory after normal working hours).
f. Targets. Targets for particular weapons and fire units shall be determined
and assigned with the same precautions as to military objectives, specially taking
into account (e.g. destruction, neutralization) and the destructive power of the
ammunition used (quantity, ballistic data, precision, point or area covering, possible
effects on the environment).
g. Targeting: precautions. The precautions to be taken in targeting are
equivalent to those to be respected in the choice of a military objective.
h. Targeting: responsibility. The responsibility for proper targeting:
1) Depends on the effects that the chosen weapon or weapon system may have on
the place of impact;
2) Lies on the commander who has the competence to decide what weapon or
weapon system shall be engaged to fire at a given target.
i. Warning. When the tactical situation permits, effective advance warning
shall be given of attacks which may affect the civilian population (e.g. infantry fire to
encourage civilian persons to seek shelter, discharge of leaflets from aircraft).
j. Marked cultural objects. In attack, withdrawal of immunity (in the exceptional
case of unavoidable military necessity) of cultural objects marked with three
distinctive signs shall, when the tactical situation permits, be limited in time and
restricted to the less important parts of the object. The advance warning given in
time shall allow the defender to take safeguard measures and to give appropriate
information. Analogous measures and behavior are recommended for cultural
objects marked with one distinctive sign (imperative military necessity).
k. Control during attack. The attack shall be deviated or cancelled if the
objective or target appears not to be military. In any event, the rule of proportionality
shall be respected.
j. Conduct of defense
a. Rule. Defense shall be organized primarily outside populated areas.

Civilian persons and objects shall be removed from military objectives. To that
purpose, commanders shall seek the cooperation of the civilian authorities be that
the defense of which would cause the least danger to civilian authorities.
b. Choice of defense position. When a choice is possible between several
defense positions for obtaining a similar military advantage, the position to be
selected shall be that the defense of which would cause the least danger to civilian
persons and objects.
c. Defense of unit's location. The provisions of this chapter apply to the
defense of locations of military units, except medical establishments.
d. Counter attack. Counter-attacks launched from a defense position are ruled
by the provisions on attack.
e. Removal of civilian persons. The removal of civilian objects shall take place
preferably to locations they know and which present no danger for them.
f. Removal of civilian objects. The removal of civilian objects shall take place
primarily to locations outside the vicinity of military objectives.
g. Specifically protected establishments. The appropriate marking of
specifically protected establishments with distinctive signs shall be verified and
adapted to the circumstances (e.g. sufficient size, camouflage requirements).
h. Warning. When the tactical situation permits, defense measures which may
affect civilian persons shall be announced by effective advance warning (e.g. for
evacuation of specific houses or areas, for removal and shelter).
i. Marked cultural objects. In defense, withdrawal of immunity (in the exceptional
case of unavoidable military necessity) of cultural objects marked with three
distinctive signs shall, when the tactical situation permits, be limited in time and
restricted to the less important parts of the object. Appropriate safeguard measures
shall be taken (e.g. evacuation or removal, protective appliances, removal of
distinctive signs to avoid confusion). The advance warning shall aim at making the
situation clear for the attacker. Analogous measures and behavior are recommended
for cultural objects marked only with one distinctive signs (imperative military
necessity).
k. Movements and locations
a. Rule. Military units, except medical units, shall move or stay preferably outside
populated areas, when their presence, even temporary, could endanger civilian
b. Movements. Movements which have to pass through or close to populated areas
shall be executed rapidly. When tactical situation permits, effective advance warning
shall be given (e.g. for the removal and for shelter of civilian persons).
c. Movements: interruption, Interruptions of movement (e.g. regular stops after given
periods of time, occasional stops) shall, when the tactical situation permits, take
place outside populated areas or at least in less densely populated areas.
d. Locations: rule, Even temporary military presence can create a dangerous
situation for the civilian areas and persons. Units located in or close to populated
areas shall be so deployed as to create the least possible danger to civilian areas
(e.g. at least clear physical separation: appropriate distance between militarily used
houses and other buildings).
e. Locations: longer lasting, For longer lasting locations in civilian areas, additional
danger-reducing measures shall be taken by the competent commander (e.g. clear
and where necessary marked limit of unit's location, instructions to members of the
unit and appropriate information to the civilian population).
f. Marked cultural objects. Withdrawal of immunity of marked cultural objects follows

by analogy the provisions applicable in defense.
l. Behavior in Action
This part deals with behaviour in any ongoing land sea, air, or joint combat action,
wherever and at whatever scale fighting is taking place, that is with tactical action on
the spot and with the measures in favour of the victims in the combat area.
m. Combat. Relates to general precautions and particular measures at sea and in
the air, to behaviour near and/ or in exclusion zones, to behavior with regard to
persons, objects and areas under specific protection, and to cooperation which
civilian authorities on the spot;
n. Captured Persons and Objects. Relates to the first measures to be taken for
every category of persons and objects captured, during and after combat, as soon as
the tactical situation permits;
o. Non-hostile Contacts with the Enemy. Relates to simple unilateral notifications
up to formal agreements between opposing forces to reach arrangements ranging
from local suspensions of fire to longer lasting neutralization of larger areas.
p. Measures After Combat. Relates to the return of evacuated persons and objects
and to restoring measures for normalizing conditions for the civilian population.
Combat
a. Combat principles:
a. Target Identification: rule. In combat action the military character of the objectives
and targets must be verified.
b. Precautions. Precautions shall be taken to minimize civilian casualties and
damage (e.g. moment and direction of fire, disabling nonmilitary ship or aircraft,
rather than immediate destruction to allow rescue of persons).
c. Proportionality. The precautions comprise respect for the rule of proportionality.
When attacking larger non-military ships or aircraft, civilian casualties should not be
excessive in relation to the military advantage anticipated.
d. Warnings, Recommendations. When the tactical situation permits, warnings and
recommendations (e.g. for shelter, removal) shall be given to endangered civilian
persons and objects by appropriate means (e.g. voice, signs).
Particular Provisions on Specific Weapons
a. Introduction. The general principles o~ means of combat and their use are
based on the fundamental distinction between combatants and military objectives, on
the one hand, and civilian persons and objects, on the other hand.
b. Abstention from use. The belligerent Parties and their armed forces shall abstain
from using weapons:
a. Likely to cause unnecessary suffering;
b. Which, because of their lack of precision or their effects, affect civilian persons
and combatants without distinction;
c. Whose harmful effects go beyond the control, in time or place, of those employing
them.
c. Proportionality. With regard to the use of specific weapons, the rule of
proportionality dictates:
a. Whether their use is prohibited; or
b. Particular conditions for permitted use.
d. Prohibitions
a. Explosive projectiles under 400 gr weight (St. Petersburg) – The use of projectiles
of a weight below 400 grams, which are either explosive or charged with fulminating
or inflammable substances, is prohibited.
b. Expanding Bullets (Hague Declaration) - The use of bullets which expand or
flatten easily in the human body, such as bullets with a hard envelope which does
not entirely cover the core or is pierced with incisions, is prohibited.
c. Poison, Poisoned weapons - The use of poison or poisoned weapons is
prohibited.
d. Gases, Bacteriological (Biological) weapons - The use of the following means of
combat is prohibited:
1) Asphyxiating, poisonous or other gases;
2) All analogous liquids, material or devices;
3) Bacteriological methods of warfare e. Non-detectable fragments -The use of any
weapon the primary effect of which is to endure by fragments which in the human
body escape detection by X-rays is prohibited.
f. Booby-traps explosive -The use of any booby-trap in the form of an apparently
harmless portable object which is specifically designed and constructed to contain
explosive material and to detonate when it is disturbed
or approached, is prohibited.
g. Booby-traps with excessive effects -The use of any booby-trap which is designed
to cause superfluous injury or unnecessary suffering is prohibited.
h. Booby-traps prohibited attachment - The use of booby-traps which are in any way
attached or associated with the following persons or object, is prohibited.
1) Intentionally recognized protective emblems, signs or signals;
2) Sick, wounded or dead persons;
3) Burial or cremation sites or graves;
4) Medical facilities, medical equipment, medical supplies or medical transportation;
5) Children's toys or other portable objects or product specially designed for the
feeding, health, hygiene, clothing or education of children;
6) Food or drink;
7) Kitchen utensils or appliances except in military establishments, military locations
or military supply depots;
8) Object clearly of a religious nature;
9) Historic monuments, works of art or places of worships which constitute the
cultural or spiritual heritage of Peoples;
10) Animal or their carcasses.
e. Land mines and similar
a. Mines (not remotely delivered), booby-traps, other devices- Mines other than
remotely delivered, booby-traps and other devices may be used in populated area:
1) When they are placed on-or in the close vicinity of a military objective belonging to
or under the control of the enemy; or
2) When measures are taken to protect civilian person (e.g warning signs, sentries,
issue of warnings, provision offense).
b. Recording of mine fields, mines -The location shall be recorded of:
1) Pre-planned minefields;
2) Areas where large-scale and pre-planned use is made of booby-traps;
3) Other mine fields, mines and booby-traps, when the tactical situation permits.
c. Remotely delivered mines -Remotely delivered mines may be used:
1) Only within an area being itself a military objective, or containing military
objectives; and
2) When their location can be accurately recorded, or an effective neutralizing

mechanism is used in other mine;
3) Subject to effective advance warning to the civilian population, when the tactical
situation permits. Fire to object or to cause burn injury to persons through the action
of flame, heat, or a combination thereof, produced by a chemical reaction of a
substance delivered on the target.
f. Incendiary weapons
a. Examples of incendiary weapons - Incendiary weapons can take the form of flame
throwers, shells, rockets, grenades, mines, bombs and other containers of incendiary
substances.
b. Not considered as incendiary weapon -The following are not considered as
incendiary weapons:
1) Munitions which may have incidental incendiary effects, such as illuminants,
tracers, smoke or signaling systems;
2) Munitions designed to combine penetration, blast of fragmentation effect with an
additional incendiary effect, such as armourpiercing projectiles, fragmentation shells,
explosive bombs and similar combined-effects munitions in which the incendiary
effect is not specifically designed to cause burn injury to persons, but to be used
against military objectives, such as armoured vehicles, aircraft and installations or
facilities.
g. Conditions for permitted use
a. Incendiary weapons (not air -delivered) - Incendiary weapons which are not air-
delivered may be used:
1) When the military objective is clearly separated from a concentration of civilian
persons;
2) Subject to precautions to limit incendiary effects to the military objectives, when
the tactical situation permits.
b. Air delivered incendiary weapons - Air delivered incendiary weapons may be so
used only in attack against a military objective located outside concentrations of
civilian persons.
PRACTICAL GUIDE TO SAFEGUARD HUMAN RIGHTS DURING MILITARY

OPERATION:
A. While not in Combat:
Summary rules for non-international armed conflict:

1. Have a strong and effective Military Values' Education among your troops.
The guide on how to prevent HR/IHL violations is only the immediate and temporary
solution to the problem. The best solution is the character-building among soldiers.
2. Include IHL/HR education in your TI&Es. Spend some time for HR/IHL
issues/questions and discussions in your TI&Es. Most HR violations are results of
ignorance of the law. As A General Rule, Arrest/Search May be effected following
the Constitutional precepts found in Section 2 Article Ill of the Constitution to Wit:
"Section 2 The Right of the People to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be
personally determined by the Judge after the examinations under oath of affirmation
of the complainant and the witnesses he produce and particularly describing the
place to be searched and persons or things to be seized." There are situations,

however when you can apprehend without warrant of arrest:
a. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
b. When an offense has in fact been committed and he has reasonable
ground to believe that the person to be arrested has committed it; and
c. When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred from one
confinement to another. But generally, you cannot apprehend or detain a person
arbitrary, or just with a mere suspicion that he is an insurgent.
3. Do not allow any person below 18 years old to take part in the armed
conflict. Children shall be considered as zones of peace and shall enjoy the
protection of the State against dangers arising from an armed conflict. Children shall
not be recruited or employed by the government forces to perform or engage in
activity necessary to and in direct connection with an armed conflict either as a
soldier, guide, courier or in a similar capacity which would result in his being
identified as an active member of an organized group that is hostile to the
government forces.
4. Establish Network. Be fierce in combat. Out of combat, you must learn to
befriend everyone, even a communist, a government official, a member of the cause-
oriented groups, a CHR investigator or a plain civilian.
5. Communicate with the media, human rights activist and other "Threat"
groups. While these organizations are not really threats to national security, the
improper handling of situations involving them may bring problems later. Confidence-
building efforts with these groups should be carefully studied and done.
6. Return immediately what you borrowed. If you borrowed something, be sure to
return it immediately. If you lost it, replace it with the same quality.
7. Inform the troops that a child taken in custody by Government forces in an
area of armed conflict should be informed of his/her constitutional rights and
shall be treated humanely. Some of this basic rights are "the right to remain silent",
"the right to be presumed innocent until proven guilty", "the right to be notified of the
charge," "right to counsel", "right to presence of parents or guardian", and the "right
to confront and cross examine witnesses."
8. Avoid being identified with influential and controversial persons. While it is
not bad to befriend everyone, avoid being identified with the rich and powerful
because you will be accused of protecting their interests while trampling on the rights
of the masses.
B. During Combat Operation
1. Establish the proper authority in initiating combat operation. Make sure that
every combat operation is covered by an OPORD. In the absence of a written
OPORD, a radio message to or from higher headquarters regarding the operation
may suffice. When HR problem crops up, the first question of CHR investigators is
the authority of the combat operations.
12 Always remind your men to respect human rights. Before you start the
combat operations, always remind your men to respect HR of the civilian populace
and the enemy. Respecting HR does not make you less a fighter and a soldier.
3. Brief every soldier. Often, soldiers talk too much, compromising your security
and plans. Loose talk among soldiers is often the waterloo of many field units.
"Need-to-know" basis must always be applied.
4. Avoid eating inside huts or houses of civilians. When you are just a stranger
in a particular area, don't familiarize too much with the populace without first
studying their culture. They may not like the idea of having soldiers eat inside their
huts or houses. You may be accused of trespassing, illegal search and harassment.
5. Avoid sleeping inside civilian huts or houses. You can never tell how the
enemy thinks. Although it is a common notion that the enemy would not hit you
while in the company of civilians, you can never discount the possibility of being
harassed. Civilians might be caught in crossfire, an incident that might be taken
against you later.
6. Do not treat civilians as insurgents. In some areas, whenever soldiers talk to a
civilian, it is interpreted as harassment and interrogation. Whenever you make a
conversation with civilians, make it casual and jolly. Don't talk too much about the
enemy. Wait until they volunteer information to you. Civilians usually do this after
they feel comfortable with you. Just talk politely, do not interrogate, they are
civilians, not suspects. If you deem it necessary to talk, then conduct a dialogue to a
group who are willing to listen and give their own views.
7. Bring your own provisions. It is better not to buy chicken or any other animals
from the civilian populace for food. Sometimes, even if a chicken is being paid for,
the soldiers are the ones going after the fowl. This is not a good scenario because it
may be interpreted negatively as it may suggest looting and pillaging. If you're left
with no choice, pay fairly for what you buy.
8. Try the "Santa Claus" approach. In red areas, enemy sympathizers teach the
children that soldiers are “hapon" (Japanese), identifying them to the Japanese
soldiers who terrorized the country during Second World War. You can change this
image by giving candies or chocolates to the children. Children may even volunteer
information about the enemy. This is a way to countercheck the statements you get
from the adults. Remember, a child does not lie.
9. Never allow your men to drink liquor while resting or harboring during
patrols. During patrols, it is the best time to show the good, if not the best side of the
soldier. You can drink liquor up to your hearts content while inside your camp but
never during patrols. A “maoy" (violently drunk) soldier might steal the show while
firing indiscriminately after getting drank, thus earning for you an HR case. Image
may come as a secondary consideration. A sniper's bullet might hit you or a
barangay folk may try to poison you.
10. A void using civilians from a village as guide. If you have problems about
your direction, avoid using civilians, especially women, children and the elderly as
guides. Better ask help from a “tanod" or from a barangay official.Never discount the
possibility of being trapped.
191 Don't prohibit, interrupt and dissolve peaceful meetings. No public officer or
employee, without legal ground, shall prohibit or interrupt the holding of a peaceful
meeting, or shall dissolve the same. Any person shall not be hindered from joining
any lawful association or from attending and of its meeting.
12. Avoid destroying crops, properties and possessions. During military
operations, avoid damaging plants and properties along the way. Avoid using
incendiary that that would set fire combustible materials such as “sawali," "nipa" and
other indigenous materials usually used for huts in the village. If unavoidable, pay for
the damaged properties as soon as the combat operations are over or else repair or
replace the damages.
13. Do not block the entry of food, health services and education to the civilian
populace as a way to defeat the enemy. If you plan to neutralize the enemy
through this method, the civilian populace will surely be affected. However,
"government forces may prevent or limit the entry of service workers (e.g. DSWD
personnel) and the delivery of goods into an area of armed conflict if the same will
interfere directly with ongoing combat operations, or will endanger the lives or safety
of service workers or those delivering the goods. Any dispute arising from the
restriction of the flow of goods and services shall be resolved by the Peace and
Order Council concerned."
14. Do not disrupt nor dislocate the livelihood source of the civilian populace.
When the conflict is not massive and can be contained in a particular area, do not
involve areas that are populated by civilians.
C. During an Engagement
1. Know how to distinguish a civilian object from a military objective. There

are references that deal with the International Humanitarian Law and the Law
Governing Armed Conflicts. Yet the best tool in distinguishing a civilian object from a
military objective is your common sense, good judgment and conscience.
2. Avoid overkill. Soldiers tend to be emotional during encounters. This is one
reason why they used up too much firepower which often results to overkill. It is
always costly to an army whose ammunitions are considered non-expendable.
3. Don't be too emotional, it destroys your sense of reason. People tend to
forget reason and good judgment when they are blinded by their emotions. There are
several instances where a number of casualties are killed not in the first burst but as
a result of uncontrolled emotional outbursts.
4. Don't kill enemy combatants who are wounded, who could no longer fight or
who have already surrendered. By International Humanitarian Law, it is authorized
to neutralize enemy forces by reasonable means while in combat. An enemy who
wields a firearm and considered a threat is still a military objective and thus
considered an authorized target. As long as he is wielding his firearm, he can still be
considered as target for neutralization. But as soon as he drops his firearm, raises
his hand or a white cloth that is a gesture or symbol of surrender, he can no longer
be shot.
5. Document everything. Photo, written statement or even video footage are best
instruments to document the event. During any operations, still and video cameras
are very important, not only to document your activities but \is a source of evidence if
HR cases are filed against you. Video messages from civilian folk can be used for
media release to show your good rapport with the barangay folks.
6. Double-check your target. Don't be too hasty and careless in firing at anyone
whom you think is a combatant. There are times when it is too late to know that the
supposed combatant is just carrying an airgun or a farm tool. Sometimes, friendly
troops also become victims of friendly fires. This is also true to field artillery units.
D. After an Engagement
1. Get the attention of the barangay officials right after the engagement.
Barangay officials are the authorities in the villages. They become the third party to
the conflict, a neutral source of information in case there will be problems later.
Always request for formal statements to be made by the Barangay officials and other
disinterested person regarding the legitimacy of the encounter. If possible, get a
barangay resolution concerning the incident/s.
2. Don't volunteer information. It is not bad to be proud of your unit and yourself
but sometimes, in some areas, it is better not to mention any names or information to
the civilian populace. If problems will crop-up later, the said names will be listed as
respondents of the complaints. You just don't know the plans of the enemy.
3. Report the circumstances of the death or wounding of the enemies. If it is
possible and the circumstances permit, report to your superiors in writing the detailed
circumstances of the death or wounding of the enemy.
4. Identify the dead. Pursue the identification of the dead. Enemy forces often bring
with them documents that carry their identities. After identification, inform the nearest
of kin and respect their cultural traditions.
5. Give immediate medical attention to the wounded. Under HR/IHL, it is your
duty to treat wounded enemy combatants or crossfire victims. If a wounded enemy
or civilian dies long after the battle or in your care, it may be used as an issue
against you. Make sure that a barangay official is assisting you in bringing the
wounded to the nearest hospital or clinic.
6. Bring the bodies to the police, if possible and demand receipt. If possible,
bring the dead to proper authorities. If not, bury them and mark their graves so they
can be retrieved later. This will dispel any doubts of foul play.
7. Inform immediately the bereaved families of the dead. Inform immediately the
families of the dead. This includes the dead enemies and crossfire victims. Crossfire
victims are entitled of burial assistance from the government. Provide whatever
assistance to the families of the dead, to include financial help, if possible.
8. Immediately transfer child custody to the PNP. In case a child is taken into
custody by the AFP, the military commander concerned shall immediately transfer
custody over said child to the nearest stations of the Philippine National Police,
preferably to the Child and the Youth Relations (CYRS/CYRO) unit thereof.6
However, never forget to demand receipt from the PNP.
9. Patch-up any argument among soldiers. The best information (or
misinformation) against the soldiers comes from the soldiers themselves. Avoid
arguments among your troops especially in front of civilians. You might be
misunderstood and taken out of context.
10. Conduct massive civil-military operations after an encounter. Guilty people
hide after committing a crime. After an engagement where there is an enemy or
civilian casualty, don't just leave the area. Request for reinforcements. If there are
stronger enemy forces to attack your position, then prepare. It is an opportunity that
every military commander is looking for. CMO / PSYOPS may come in the form of
sustained military presence (show of force), civic and humanitarian activities and
other activities that will have the presence of the soldiers in the area. However,
troops' behavior must be properly observed and monitored to avoid HR complaints
and negative issues against the military.
11. Allow the evacuees to return to their homes. As soon as tactical
considerations permit, the evacuees should be allowed to return to their omes.
12. Keep all pieces of evidence. You can never tell when the HR cases will crop-
up. Spent ammunition of rebels such as Carbine, Garand, AK-47 (and of course,
M16 and M14) empty shells are important in establishing the legitimacy of the fire
fight. Captured photographs, letters and diaries of rebels also make good pieces of
evidence.
13. One firearm per enemy casualty. This is not necessary a rule but this principle
may help you in a way. This is the practical way to establish the legitimacy of the
encounter.
14. Don't forget to report wounded personnel. There are times when others would
not believe that it was a legitimate encounter especially when the enemy has many
casualties while the government troops don't have.
15. Do not burn the huts/house and other possessions of civilians. Avoid using
incendiary that would set afire combustible materials such as "sawali", "nipa" and
other indigenous materials usually used for huts/houses in the villages.
16. Answer all doubts of the media at your level immediately. Sometimes, the
enemy does not really care for the conviction of an HR violator. All they want is
media mileage and negative public opinion against the armed forces and the
government. However, be careful on what you say. On the other hand, silence may
be misconstrued as a weakness or guilt. Know how to deal with the media.
Annex D- “Instructional Aids” to LTG on Rule of Law
RULE OF LAW
III. RULES OF ENGAGEMENT AND RULE OF LAW:

(ROTC “ARAP”STUDENTS)
AFP STANDING RULES OF ENGAGEMENT

(Reference: FC 3-006)
1. General:
a. The constitutionally mandated mission of the AFP is to secure the sovereignty
of the State and the integrity of the national territory. In the performance of this
mission, which necessitates the use of force and self defense, a set of rules of
engagement has to be established.
b. Rules of Engagement (ROE) are inherent guidelines issued to combatant forces
all over the world. They are based on universally accepted principles and
international law. The sovereign right of the Republic of the Philippines, respect for
human life, and adherence to international law are the fundamental principles that
characterize this ROE. This ROE shall be distinctly defined as the AFP Standing
Rules of Engagement (SROE).
2. Responsibilities:
a. The National Command Authority (NCA) approves the SROE for the AFP. The
Deputy Chief of Staff for Operations (J-3) is responsible for the formulation, review
and update of this SROE.
b. Commanders may formulate specific ROE as necessary, to reflect changing
political and military policies, and threats in the accomplishment of specific missions.
The formulated specific ROE must be in line with the AFPSROE and shall be
submitted to CSAFP (Attn: J3) for information.
c. When a Commander formulates a specific ROE, which would be in conflict with
any provision of this SROE, this shall be submitted to the Chief of Staff, AFP for NCA
approval.
d. Commanders at every echelon are responsible for establishing ROE for mission
accomplishment that comply with ROE of senior commanders and this AFP SROE.
e. The ROE supplemental measures apply only to the use of force for mission
accomplishment and do not limit a commander's use of force in self-defense. There
are two types of supplemental measures, those that authorize certain actions and
those that place limits on the use of force for mission accomplishment.
f. Commanders shall provide subordinate units the AFP SROE, specific ROEs and
other ROEs for implementation.
3. Policies:
a. Commanders have the inherent authority and obligation to use necessary

means available and to take appropriate actions in self-defense of their units and
other AFP forces in the vicinity.
b. This SROE does not convey authority to conduct missions.
c. AFP forces operating with multinational forces (MNF):
1) AFP units assigned to the operational control (OPCON) of a multinational
force will follow the ROE of the multinational force for mission accomplishment as
authorized by the NCA. AFP units always retain the right to use necessary and
proportional force for unit and individual self defense in response to a hostile act or a
hostile intent.
2) When AFP units participate in MNF operations reasonable efforts will be
made to develop and implement a common ROE. If such ROE cannot be
established, AFP units will be guided by the AFPSROE. However, to avoid
misunderstanding, the multinational forces will be informed prior to AFP participation
in the operation that AFP units intend to operate under the AFPSROE and to
exercise unit and individual self-defense in response to a hostile act or demonstrated
hostile intent.
d. AFP units will comply with the Law of Armed Conflict (LOAC) during military
operations, no matter how the conflict may be characterized under international law,
and will comply with its principles and spirit during all other operations.
e. The AFP shall secure, protect and maintain the integrity of the national territory
comprised of the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular shelves, and other submarine
areas.
f. The Philippines exercises jurisdiction over its 200 nautical mile Exclusive
Economic Zone (EEZ) pursuant to the United Nations Convention on the Laws of the
Sea (UNCLOS).
g. Freedom of Navigation and the right of innocent passage in international waters
and sea lanes of communication should be guaranteed and maintained.
h. AFP elements shall endeavor to establish the identity and intention of all aircraft
and watercraft within the Philippine air space, surface and sub-surface and EEZ
before the application of appropriate rules of engagement.
4. General Rules for the Correct Use of Force towards Mission
Accomplishment:
a. Commanders must consider the assigned mission, the current situation, higher
commanders' intent and all other available guidance in determining the level of force
required for mission accomplishment.
b. The use of force to accomplish authorized missions should be reasonable in
intensity, duration and magnitude.
c. When a military operation is approved, it will be conducted to ensure that
incidental injury to civilians and collateral damage to non-military objects are
minimized.
d. Commanders must be aware of, and sensitive to, the points stated in the
definition of strategic implications of tactical operations. In particular, military
operations shall be conducted in a manner that shall entail:
1) The least possible impact of such operations on the larger community of non-
combatants, especially on their livelihood and normal conduct of everyday life;
2) Minimum evacuation from homes and/or areas of food production;
3) Close coordination with pertinent agencies of Government within his AOR
when socio-economic dislocations are expected or become imminent as a result of
such operations;
4) Public safety, in support to law enforcement agencies, for areas prone to
conflict spillover or collateral acts of terrorism;
5) Due consideration on the strategic, operational and tactical implications to
peace processes and/or negotiations; and
6) Overall adherence to national policies and public interest.
e. Positive Identification (PID) of targets is required prior to engagement. PID is a
reasonable certainty that the object of attack is verified and confirmed as a legitimate
military target in accordance with this SROE.
f. Cultural, religious, and historical landmarks, civilian population centers, public
utilities and other non-military structures, shall be protected and shall not be attacked
except when they are being used for military purposes.
g. The engagement of any target that meets the definition of a high collateral
damage requires NCA approval. This does not apply to immediate target
engagement under the inherent right of self-defense.
h. Commanders of UC’s and major component commanders may conduct
offensive operations against the following high collateral damage time-sensitive
situations/targets:
1) Terrorism.
2) Weapons of Mass Destruction (WMDs) munitions depot such as artillery
shells, rockets, Improvised Explosive Devices (IEDs).
3) Any Vehicle-Borne Improvised Explosive Devices (VBIEDs).
i. Authority to approve strikes on terrorist groups is delegated to the Unified
Command Commanders and may be re-delegated to tasks force commanders.
j. Commanders will instruct their personnel on the nature of their mission to
include proper actuations and decorum. This stresses the importance of proper
conduct and regard for the local population and the need to respect private property
and public facilities and sensitivity to local/ethnic cultures.
k. Once a force is declared hostile by appropriate authority, AFP units need not
observe a hostile act or a demonstration of hostile intent before engaging that force.
l. The responsibility for exercising the right and obligation of national self-defense
and as necessary declaring a force hostile is a matter of utmost importance.
m. All available intelligence information, the status of international relationships,
the requirements of international law, the appreciation of the political situation, and
the strategic implications of tactical decisions for the Philippine government, must be
carefully weighed.
6. General Rules for Self-Defense:
a. Authority to Exercise Self-Defense.
1) Nothing in these rules are intended to infringe upon AFP personnel’s right of
self defense. These rules are intended to prevent indiscriminate use of force or other
violations of law or regulation.
2) National Self-Defense. The act of defending the national territory, its forces
and its people against a hostile act or a hostile intent is an indispensable right and
obligation of every citizen.
3) Collective Self-Defense. A Multi National Force as a whole has the obligation
to defend any of its members from any hostile act or hostile intent.
4) Unit Self-Defense. A unit commander has the authority and obligation to use
all necessary means available and to take all appropriate actions to defend the unit,
including elements and personnel, or other AFP forces in the vicinity, against a
hostile act or demonstrated hostile intent. In defending against a hostile act or
demonstrated hostile intent, unit commanders will use only that degree of force
necessary to decisively counter the hostile act or demonstrated hostile intent and to
ensure the continued protection of AFP forces.
5) Individual Self-Defense. Commanders have the obligation to ensure that
individuals within their respective units are trained on and understand when and how
to use force in self-defense.
b. Action in Self-Defense.
1) Means of Self-Defense. All necessary means available and all appropriate
actions may be used in self-defense. The following guidelines apply for individual
and unit self-defense:
(a) Attempt to De-escalate the Situation. When time and circumstances
permit, the hostile force should be warned and given the opportunity to withdraw or
cease the threatening actions.
(b) Use Proportional Force which may include nonlethal weapons to control
the situation. When the use of force in self-defense is necessary, the nature,
duration, and scope of the engagement should not exceed that which is required to
decisively counter the hostile act or demonstrated hostile intent and to ensure the
continued protection of AFP forces or other protected personnel or property.
(c) Attack to Disable or Destroy. An attack to disable or destroy a hostile
force is authorized when such action is the only prudent means by which a hostile
act or demonstration of hostile intent can be prevented or terminated. When such
conditions exist, engagement is authorized only while the hostile force continues to
commit hostile acts or exhibit hostile intent.
2) Pursuit of Hostile Forces. Self-defense includes the authority to pursue and
engage hostile forces that continue to commit hostile acts or exhibit hostile intent.
c. Defending RP Nationals, Property, and Designated Foreign nationals:
1) Within a Foreign Nation’s Territory or Territorial Airspace. The foreign nation

has the principal responsibility for defending RP nationals and property within these
areas.
2) In International Airspace. Protecting civilian aircraft in international airspace
is principally the responsibility of the nation of registry.
d. Piracy. AFP ships and aircrafts have an obligation to repress piracy on local
waters directed against any vessel or aircraft, including foreign flagged, and are
authorized to employ all means necessary to repress piratical acts. When AFP ships
and aircraft repress an act of piracy, the right and obligation of self-defense extends
to persons, vessels, or aircraft assisted. If a pirate vessel fleeing from pursuit
proceeds into the territorial sea, archipelagic waters, or superjacent airspace of
another country, every effort should be made to obtain the consent of the coastal
state prior to continuation of the pursuit.
e. Operations Within or in Vicinity of Hostile Fire or Combat Zones Not Involving
the Republic of the Philippines.
1) AFP forces (not a part of Multi-national forces) should not enter, or remain in,
a zone in which hostilities (not involving RP) are imminent or occurring between
foreign forces unless directed by proper authority.
2) If a force commits a hostile act or exhibits hostile intent against RP forces in
a hostile fire or combat zone, the commander is obligated to act in unit self-defense
in accordance with the AFPSROE guidelines.
f. Right of Assistance Entry.
1) PN sea vessels or, under certain circumstances, PAF aircraft that will enter a
foreign territorial sea and corresponding airspace in order to render emergency
assistance to those in danger or distress from perils of the sea shall seek permission
from the coastal or island state concerned.
2) Right of Assistance Entry extends only to rescue operations where the
location of those in danger is reasonably well known. It does not extend to entering
the territorial sea, archipelagic waters, or territorial airspace with the purpose of
conducting a search.
3) For ships and aircraft rendering assistance on scene, the right and obligation
of self-defense extends to and includes persons, vessels, or aircraft being assisted.
The right of self-defense in such circumstances does not include interference with
legitimate law enforcement actions of a coastal state. However, once received on
board by the assisting ship or aircraft, persons assisted will not be surrendered to
foreign authority unless directed by the NCA.
REPUBLLIC OF THE PHILIPPINES

DEPARTEMENT OF NATIONAL DEFENSE
GENERAL HEADQUARTERS, ARMED FORCES OF THE PHILIPPINES
OFFICE OF THE CHIEF OF STAFF
CAMP GENERAL EMILIO AGUINALDO, QUEZON CITY
SUBJECT: RULES OF ENGAGEMENT 27 Aug 1997
TO: See Distribution
1. REFERENCES:
A. Protocol ll of Geneva Convention of 12 August 1949.
B. HPA Letter Directive on Rules of Engagement (ROE) Re-Indirect Fire

Support dated 23 Oct 87.
C. GHQ, AFP Letter Directive on the Protection of children in Armed

Conflict dated 27 Sep 91.
D. Handbook of Naval Operations, HPN dated 14 Jun 94.
ll. PURPOSE:
This ROE sets forth the regulations relative to engagements governing the
conduct of internal security operations by ground forces and the delivery of naval
and aerial gunfire in support of ground operations by naval and air forces,
respectively.
lll. DEFINITION OF TERMS:
A. Combatant - any member of an armed force, whether from the

government (AFP/PNP), the terrorists dissidents (T/Ds) and the Southern Philippines
Terrorists (SPTs), and who distinguished themselves by their distinctive sign or at
least by carrying their arms openly except medical and religious personnel.
B. Civilian person - any person who does not belong to the armed forces
of the AADP/PNP, the TDs and SPTs; and the same applies to any person in case of
doubt as to his true status.
C. Military Objectives:
1. The Armed forces of the AFP, TDs and the SPTs.
2. The establishments, buildings and positions where ARMED

FORCES OF AFP, TDs AND SPTs
are located (e.g.) camps, barracks, encampments, etc). Or where they store their
war materials (arsenal), ammo dumps, etc).
3. Other objects:
a. Which by their nature, locations, purpose or use can

effectively contribute to military action; and,
b. Whose total or partial destruction, capture or

neutralization, in the circumstances ruling at the time would offer a definite military
adventures.
D. Civilian Object - means any object which is not a military objective.

Objects which are usually civilian objects can, according to the military situation,
becomes military objectives (civilian building evacuated and reoccupied by
combatants)
E. Cultural Object - is entitled to special protection. Historical monuments,

works of arts or places of worship which constitute the cultural or spiritual heritage of
people must not be the object of any of hostility, not be used in support of military
effort.
F. Civilian Population - composed of persons who are all civilians. The

presence within the civilian population of individuals other than civilian person doubt
not deprive the population of its civilian character.
G. Rule of Proportionality - action is proportionate when it does not cause

incidental civilian casualties and damages that are excessive in relation to the value
of the expected result of the whole military operation.
H. General Quarters - is an alert condition and an all hands evolution

wherein battle stations are manned and all preparations are made to place the unit in
the highest state of readiness.
I. Spotter - a person who acts as observer of the full of shots and directs
the necessary correction to targets. He also determine the use of the proper type of
projectiles and fuses to include forward observer (FO), Forward Air Control (FAC)
and Forward Air Guide) (FAG).
J. Fire Support - means the capability of delivering air launched fire in

support of ground tactical units or naval units afloat.
K. Free Fire Area - A specific designated area into which no fire support
means may deliver fires against known or suspected targets as requested by the
agency that establish the fires free area.
L. No Fire Area - a specific area into which no fire support means can
deliver fires.
M. Fire Coordination Area - a area in which restraints have been imposed

and into which fires in excess of those restraints will not be delivered without
approval of the establishing authority.
VI. RULES OF ENGAGEMENT:
A. GROUND FORCES:
1. Conduct of operations in General.
a) The right to choose means and methods of

warfare is not unlimited.
b) The principle in avoiding unnecessary suffering

and damage to civilians prohibits all forms of violence that are not required in over-
powering the enemy.
c) It is prohibited to use civilian persons or inhabited

areas to shield military units, movements and positions.
d) At all times, a distinction shall be made between:
1) Combatants and civilian persons; and object.
2) Military objectives and civilian objects.
e) Constant care shall be taken to spare the civilian

population, civilian persons and civilian objects.
f) The role proportionality shall be respected.

g) Acts of threats of violence with a primary purpose
to spend terror among the civilian population are prohibited.
h) It is prohibited, in order that there will be no

survivors, to threaten the enemy therewith or to conduct operations on this basis.
i) Rule of war or stratagem not amounting to perfidy

but intended to mislead the enemy or induce the enemy to act recklessly is
permitted.
j) Cooperation with civilian authorities shall aim at

the survival the civilian population with the least possible civilian casualties and
damages that could result from military action.
2. Conduct of Attack.
a) The attack may only be directed and limited to a

specific military objective which must be identified as such and clearly designated
and assigned.
b) When a choice is possible among several military

objectives for obtaining similar
military advantages, the objective to be selected shall be on the attack which would
cause the least danger to civilian persons and objects.
c) An attack is prohibited when it traits as a single
military objective a number of clearly separated and distinct military objective in a
city, town, village or other area containing a similar concentration of civilian persons
or civilian objects.
d) The direction and the time of the attack shall be

chosen so as to limit civilian casualties and damages (e.g. attack of factory after
normal working hours).
e) Targets for particular weapons and fire units shall

be determined and assigned with the same precaution as to military objectives,
specifically taking into accounts the tactical results expected (e.g. destruction,
neutralization) and the destructive power of the ammunition used (quantity, ballistic
data, precision, paint or area coverage, possible effects on the environment).
f) The precautions to be taken in targeting are

equivalent to those expected in the choice of military objective.
g) The responsibility of proper targeting:
1) Depends on the effects that the chosen

weapon or weapon system may have on the place of impact; and,
2) Lies on the commander who has the

competence to decide what weapon system shall be engaged to fire at given target.
h) When the tactical situation permits effective

advance warning shall be given of attacks which may affect the civilian population (e.
g. Encourage civilian persons to seek shelter prior to infantry fire; anticipate the
discharge of leaflets from aircraft).
3. Conduct of Defense.
a) Defense shall be organized primarily outside populated

areas. Civilian persons and objects shall be removed from military objectives. To that
purpose, commanders shall speak the cooperation of the civilian authorities.
b) When a choice is possible among several defense

positions for obtaining a similar military advantage, the position to be selected shall
be on the defense which would cause the least danger to the civilian persons and
objects.
c) Counter-attacks launched from a defense position are

ruled by the provision on attack.
d) The removal of civilian persons from the vicinity objective

shall take place preferably to locations they know and which present on danger to
them.
e) The removal of civilian objects shall take place primarily

to locate them to areas outside the vicinity of military objectives.
f) When tactical situations permit, defense measures which

may effect civilian persons shall be announced through effective advance warning
(e. g. Evacuation of occupants of specific houses in certain areas proximate to an
AFP camp).
g) The immunity of a marked cultural object shall only be

withdrawn when the fulfillment of the mission so requires. Advance warning should
give time for safeguard measures and information or withdrawal of immunity.
4. Movements.
a) Military units shall move or stay preferably outside

populated areas, when their presence even temporary, could endanger civilian
b) Movements which have to pass trough or close.
c) Units located in or close to populated areas shall be so

deployed as to create the least possible danger to civilian areas.
d) For longer duration of stay in civilian areas appropriate

security and safety measures shall be taken by the competent commander to
prevent civilian casualties and damages (e.g. clear, and where necessary. Limit the
area occupied by unit restrict, if not regulate, access to the camp, give specific
instructions to members of the unit and appropriate information to the civilian
population regarding presence in the area).
e) In the vicinity of important concentration of civilian

persons and object only smaller military objective shall be placed.
f) Larger military objectives are to be placed in the vicinity

of less important concentrations of civilian persons and/or smaller civilian objects.
5. Small Unit Operations.
a) During armed engagements/encounters in jungles and/or

areas not inhabited by civilian persons, the AFP forces shall unleash its combat
power adequate to subdue the enemy.
b) When the insurgents engage AFP forces while passing

through populated area, the latter has to return fire shall be applied with caution to
minimize civilian casualties and damage to properties.
c) When Venus fly trap tactics is applied, the pre-selected

battle sites shall be situated away from the civilian residences or in areas where
civilians usually congregate such as chapels, schools, etc.
d) During the conduct of raid on insurgents encampments

and/or harboring areas, the AFP forces shall, in so far as tactical situation permits
spare unarmed civilian persons particularly woman and children.
6. Indirect Fire Support Guidelines.
a) Artillery fires can be delivered subject to approval of

immediate tactical commander not lower than Brigade/Regimental level.
b) Mortar fires can be delivered subject to the discretion of

the Battalion Commander,.
c) Preparation fires can be delivered on confirmed hostile

enemy positions prior to attack of offensive action subject to the approval/direction of
the brigade/equivalent level commander.
d) During actual engagement where security of an AFP unit

or critical installation/facility is threatened and time is of the essence, the commander
of the engage unit, on his own authority, may selectively apply available fire support
means to defend his unit or position. However, exercise utmost care to prevent or
minimize civilian casualties/property damage.
e) Restriction in the use of field artillery/mortar assets are

sets on the following.
1) Harassing and interdiction (H & I).
2) Unobserved fire missions.
3) Fires on targets within populated areas or when

undesirable civilian casualties/material damages are expected.
B. NAVAL FORCES:
1. Engaging and effecting the apprehension and/or

neutralization of the enemy at sea.
a) Only ship which are military objectives at sea

maybe attacked (i. e. ship under convoy , ship carrying goods or military value, ship
carrying enemy combatants, ship breaking a blockades).
b) Upon contact with enemy suspicious craft either

visually or other means, determine by indications/manifestations the culpability of
said craft to include its capability to fight/evade and the presence aboard of woman,
children and non combatants.
c) Challenging suspicious craft by shifts siren and

either flashlight, hand signal, warning shots, and be ready to intercept/fight/fire when
subsequent condition so demands.
d) Shifts, Crafts should be on general quarters prior

to challenging contact to preempt any hostile actions.
e) If suspicious craft make following actions.
1) Stop/Lie to- Apprehending unit move closer

will precaution (on GQ) , code alongside, crew of intercepted craft expose in open
deck, thru PAS or appropriate communication system, when conduct board and
search.
a) Without violation - It will be issued a boarding

certificate and will be released.
b) With violation - Effect apprehension by issuance of

interception and apprehension report (AIR). Inventory confiscated items with proper
receipt and tow/escort water craft to nearest Coast Guard Station for disposition of
apprehended persons and water craft. It persons person apprehended are confirmed
insurgent/rebel, turnover to HN Div.
2. Attempt to escape or evade-after

challenging or given warning shot and suspicious craft increase its speed with
intention to escape or evade, fire to disable especially if the speed is 20 knots and
above in the border area or in other areas as specified by the area commander.
Also, endeavor to contact by radio for assistance from any AFP units in the vicinity to
effect apprehension. If craft is hit and disabled, rescue enemy casualties, render
appropriate attention, tow craft if it still possible and turnover to the nearest coast
guard station or PNP Maritime station for disposition to include apprehended
persons.
3. Hostile Fire - Upon challenging by firing

warning shots and suspicious craft starts shooting or firing at the apprehending unit,
fire to neutralize subject craft, effect apprehension, rescue casualties, render
appropriates medical attention and tow craft it is possible to the nearest Coast Guard
Station or PNP Maritime Station for disposition of apprehended persons and crafts.
4. When there are woman and children aboard
the hostile craft, maneuver and fire to disable craft thru precision firing, exerting
every effort to avoid hitting innocent passengers.
c) Apprehended persons, crafts articles and goods
must be handled and disposed of in accordance with current policies, guidelines and
procedures. Enemy casualty must be rescued and given immediate/appropriate
medical attention.
2. Naval Gunfire (NGF) and neutralization of targets ashore.
a) As a rule, fires from naval guns will not be delivered

ashore without the approval of the area commander.
b) When friendly forces are threatened and there is no time
clear the use of naval guns, naval tactical Commander may conduct NGFs to the
advantages of the engaging ground forces.
c) When identified enemy is engaging forces ashore NGFs

maybe conducted when requested by friendly shore/ground forces in which case a
qualified spotter has to provided.
d) When identified enemy concentration is located ashore.
1) Clear shore bombardment area- fire to

hit/neutralize the enemy.
2) In civilian populated areas - Fire close overhead
target area to secure psychological advantage over the enemy ascertaining that no
civilian will be hurt in the process.
3) If the line of fire to the hostile crafts is towards
populated area, cease/hold fire.
e) As a rule every after NGFs is conducted, it shall be

reported by radio message of any fastest available means and followed by a written
report following the prescribe format.
3. Safety of shift/craft and personnel is paramount of all times.
C. AIR FORCES:
1. As a general rule, ordnance delivery must be applied selectively

and its effects modified to preclude harming the population.
2. The following areas are designated as No-fire areas.
a) Heavily populated area concentration of civilian/non-
combatant people.
b) Places of religious worship and other specified areas.
3. The National Capital Region and other specified population
centers/areas are designated as Fire Coordination Areas.
4. Concept of employment of close Air Support/Battle field
interdiction depend upon the prevailing situation in the area of operation. Listed
below are suggested general guidelines in determining priorities for support.
a) Priority I targets are those that are preventing or are
immediately capable of preventing the execution of preventing movements friendly
troops, or enemy columns moving up in sufficient force to penetrate friendly lines.
b) Priority II targets are those that are preciously interfering
with the execution of the plan of action. E. g., a target that is delaying a friendly
advance or is causing is heavy casualties during the advance.
c) Priority III targets are those that are capable of ultimate
serious interference with the execution of the plan of action, e. g., a target that may
be able to execute a counter attack against friendly forces during or after the
advance.
d) Priority IV targets are those that are capable of only
limited interference with the execution of the plan of action or influence thereon; e.
g., enemy tactical units that are not inhibiting a friendly advance or enemy logistic
units supporting engaged tactical units, and by their nature, should be located and
destroyed.
5. Close Air Support request procedure:
a) All requests for air mission or close air support (CAS)

must be addressed to and cleared by Area Commander thru the AC3 following the
prescribed format for approval and coordination with CASFP commands and scope
of operations.
b) CASFP Commander will be recommend the type of
aircraft and weapons that will best suit the mission.
6. Declaration of Hostile forces and Engagements:
a) Authority to declare enemy forces hostile and order

against such forces is vested on the area ground commander or his authorized
representative.
b) During reconnaissance, pilot observing enemy forces
committing a hostile act are authorized to take action. Any forces or element in the
area not mentioned in the disposition of friendly forces should be considered as
probably hostile. Armed aircraft when fired upon most engage and destroy such
hostile force.
c) In the event of unprovoked armed attack against military
personnel, equipment and installation, PAF armed aircraft in the area will take
immediate and aggressive pursuit or response.
7. The following restrictions must adhered strictly in the conduct of
close air support.
a) General purpose bomb 500 lbs and below, and rockets
will not be delivered without clearance from the area commander.
b) General purpose bombs above 500 lbs should be cleared
by CSAFP.
c) Pilot must never, under any circumstances, drop a bomb
without having a clearance from forward air controllers (FAC).
d) Strafing runs will be directed to known or suspected
insurgent targets only as pinpointed by the Forward Air Controllers upon request of
ground tactical unit.
V. This ROE shall have AFP-wide application and takes effect immediately.
ARTURO T ENRILE
GENERAL AFP
Chief of Staff
----------------------------------------------------------------------------------------------------------------
-
ARREST, SEARCHES AND SIEZURES, AND CHECKPOINTS
A. ARREST WITHOUT WARRANT
 When a person is about to commit the offense

 When a person is/are on the process of committing the offense
 When a person have just committed the offense
 Fugitives
B. SEARCHES AND SEIZURES
 Should be in accordance with pertinent laws and regulations

 Properties/valuables shall not be taken w/o search warrant except dangerous
weapons.
 Should be in the presence of lawful occupant/ two (2) witness
 Must be delivered to the judge who issued the warrant w/in 10 days
C. CHECKPOINTS
 Shall be done with civility and due regard to innocent passersby/commuters

 Mobile check points- established only in conjunction w/ on going opns/sit,
during abnormal times, arresting a fugitive fm justice
 When ignored contact other units and inform about the incident, rqst set-up
road block (warning shot is prohibited)
 When fired upon use proportionate force
Other provisions of the GENEVA CONVENTION (IHL)
ENEMY HORS DE COMBAT – A person who is recognized or who, in the

circumstances, should be recognized as being no longer able to participate in
combat, shall not be attacked. (surrendering, wounded, shipwrecked, descending by
parachute from an aircraft in distress, etc).
SURRENDER RULE – Any intention to surrender must be clearly expressed: raising

arms, throwing away one’s weapon, bearing a white flag, etc.)
CAPTURE – means to fall, with or without surrender, into the power of the enemy
body (e.g. military unit, military person, military or civilian police and even any civilian
person.)
WAR BOOTY: Captured enemy military objects (except means of identification,

medical and religious objects, and those necessary for clothing, feeding and the
protection of captured personnel) become war booty (e.g objects of military value
taken from captured enemy military personnel, other military materials like weapons,
transport, store goods, etc). War booty maybe used without restrictions. It belongs
to the capturing party, not to individual combatants.
ON ENEMY MILITARY MEDICAL PERSONNEL
RULE: Medical personnel of captured enemy military medical establishments and

transports are free to pursue their duties, as long as the capturing force has not itself
ensured the necessary care of the wounded and sick found in such establishments
and transports.
LEGAL STATUS: Captured enemy military medical personnel are not prisoners of
war (POW). Nevertheless, they shall at least benefit from all provisions of the
GENEVA CONVENTION relative to the treatment of POW.
Hospital Ships: Hospital ships are immune from attack. Medical personnel of
hospital ships and their crews may not be captured during the time they are in the
service of the said ships.
Temporary Medical Personnel: Captured enemy temporary military medical

personnel shall be prisoners of wars, but shall be employed on their medical duties
in so far as the need arises.
Captured enemy military medical establishments and their material may be taken
over but not diverted from their medical purpose as long as they are necessary for
the care of the wounded and the sick. An exception is in case of urgent military
necessity. The captured enemy military immovable medical establishments may be
used for other purposes, provided that previous arrangements are made for the
welfare of the wounded and sick.
Captured enemy military medical transports which are no longer necessary for the
wounded, sick, and shipwrecked become war booty. The identification as a medical
transport must be removed.
The following medical transports may be captured:

- medical land vehicles
- medical ships except hospital ships, their lifeboats and their small craft,
coastal rescue craft.
- Medical aircraft captured or seized while on land or which have
alighted on water
ON RELIGIOUS PERSONNEL
RULE: Captured enemy military religious personnel shall be free to pursue their
duties, as long as the capturing force has not itself ensured the necessary spiritual
assistance.
Similar provisions applicable to medical personnel are also applicable for religious
personnel.
THE RULE ON WRIT OF HABEAS CORPUS
To what habeas corpus extends?

 Except as otherwise expressly provided by law, the writ of habeas corpus shall
extend to all cases of illegal confinement or detention by which any person is
deprived of his liberty, or by which the rightful custody of any person is withheld from
the person entitled thereto.
 The place where he is so imprisoned or restrained, if known;
 A copy of the commitment or cause of detention of such person, if it can be procured

without impairing the efficiency of the remedy; or, if the imprisonment or restraint is
without any legal authority, such fact shall appear.
Contents of return
When the person to be produced is imprisoned or restrained by an officer, the person

who makes the return shall state therein, and in other cases the person in whose custody
the prisoner is found shall state, in writing to the court or judge before whom the writ is
returnable, plainly and unequivocably:
a. Whether he has or has not the party in his custody or power, or under restraint;
b. If he has the party in his- custody or power, or under restraint, the authority and
the true and whole cause thereof, set forth at large, with a copy of the writ, order, execution,
or other process, if any, upon which the party is held;
c. If the party is in his custody or power or is restrained by him, and is not produced,
particularly the nature and gravity of the sickness or infirmity of such party by reason of
which he cannot, without danger, be brought before the court or judge;
d. If he has had the party in his custody or power, or under restraint, and has
transferred such custody or restraint to another, particularly to whom, at what time, for what
cause, and by what authority such transfer was made.
Where to file the Petition?
Who may Grant the Petition?
The writ of habeas corpus may be granted by the Supreme Court, or any member
thereof, on any day and at any time, or by the Court of Appeals or any member thereof and if
so granted it shall be enforceable anywhere in the Philippines; and may be made returnable
before the court or any member thereof, or before a Regional Trial Court, or any judge
thereof for hearing and decision on the merits. It may also be granted by a Regional Trial
Court, or a judge thereof, on any day and at any time, and returnable before himself,
enforceable only within his judicial district.
The Rule on the Writ of Habeas Data
What is the Writ of Habeas Data?
It is a remedy available to any person whose right to privacy in life, liberty or security
is violated or threatened by an unlawful act or omission of a public official or employee, or of
a private individual or entity engaged in the gathering, collecting or storing of data or
information regarding the person, family, home and correspondence of the aggrieved party.
What is the Supreme Court’s basis in issuing the Rule?
The Rule was drafted pursuant to the Supreme Court’s constitutional power to
promulgate rules for the protection and enforcement of constitutional rights (Constitution, Art.
VIII, Sec. 5[5]).
Who may file a Petition for the issuance of a Writ of Habeas Data?
The petition may be filed by the aggrieved party. However, in cases of extralegal
killings and enforced disappearances, the petition may be filed by:
a. Any member of the immediate family of the aggrieved party, namely: the spouse,
children and parents; or
b. Any ascendant, descendant or collateral relative of the aggrieved party within the
fourth civil degree of consanguinity or affinity, in default of those mentioned in the
preceding paragraph
Where can the petition be filed?
a. Supreme Court;
b. Court of Appeals;
c. Regional Trial Court where the petitioner or respondent resides, or that which
has jurisdiction over the place where the data or information is gathered,
collected or stored, at the option of the petitioner; or
d. Sandiganbayan, when the action concerns public data files of government
offices.
What must the petition contain?
The verified written petition shall allege the following:
a. The personal circumstances of the petitioner and the respondent;

b. The manner the right to privacy is violated or threatened and how it affects
the right to life, liberty or security of the aggrieved party;
c. The actions and recourses taken by the petitioner to secure the data or
information;
d. The location of the files, registers or databases, the government office, and
the person in charge, in possession or in control of the data or information, if
known;
e. The reliefs prayed for, which may include the updating, rectification,
suppression or destruction of the database or information or files kept by the
respondent. In case of threats, the relief may include a prayer for an order
enjoining the act complained of; and
f. Such other relevant reliefs as are just and equitable.
What are the contents of the written return?
The return shall, among other things, contain the following:
a. The lawful defences such as national security, state secrets, privileged

communication, confidentiality of the source of information of media and
others;
b. In case of respondent in charge, in possession or in control of the data or
information subject of the petition:
1) a disclosure of the data or information about the petitioner, the nature of

such data or information, and the purpose for its collection;
2) the steps or actions taken by the respondent to ensure the security and
confidentiality of the data or information; and
3) The currency and accuracy of the data or information held; and other
allegations relevant to the resolution of the proceeding.
4)
c. A general denial of the allegations in the petition shall not be allowed.
Respondent makes a false return or refuses to make a return; or any person

who disobeys or resists a lawful process or order of the court.
a. That person may be punished with imprisonment or fine.

b. Also, when the respondent fails to file a return, the court, justice or judge shall
proceed to hear the petition ex parte, granting the petitioner such relief as the petition
may warrant unless the court in its discretion requires the petitioner to submit
evidence.
References:
A.ROTC MS-2 Students:

 ST-001 1987 Constitution of the RP
 Art 3 of the 1987 Philippine Constitution.
 The Universal Declaration of Human Rights
 SPI-00542 Human Rights and International Humanitarian Law
 Premier from the office of the CHR and the ICRC
 Office of the High Commissioner for Human Rights Web site:
 http://www.ohchr.org
 ICRC Web site: http://icrc.org
 Phil. Army Web site:
B.ROTC MS-3/RSCT Students:

 GPOI (USPACOM) presentation on IHL
 AFP LOAC Teaching File for IHL
ROTC ARAP Students:

 AFP Directives on the Rules of Engagement
 AFP LOAC Teaching File for IHL
 GPOI (USPACOM) presentation on IHL
MAJ HENRITO G MANAGAY (INF) PA

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Army Vision: “By 2028, to be a world-class Army that is a source of national pride”.

Annex C- “Instructional Aids” to LTG on Rule of Law

“Love” is found in the preamble, an amendment by Bishop Teodoro Bacani, to assert

A. Bill of Rights - sometimes called a declaration of rights or a charter

Section 1. No person shall be deprived of life, liberty, or property without due

Section 10. No law impairing the obligation of contracts shall be passed.

b. The employment of physical, psychological, or degrading punishment

B. Human Rights = It is generally as those rights which are inherent in our

Constitutional Provision Advocating Human Rights:

What Does Humana Rights Provides:

What are the Consequences of the Denial of Human Rights?:

What is Man’s Responsibility in a Humane Society?:

What are the Characteristics of Human Rights?:

2. FUNDAMENTAL – Human Rights are fundamental rights because without them,

a. They cannot be rightfully taken away from a free individual.

What are the Classification of Human Rights?:

a. NATURAL Rights: Are GOD given rights, acknowledged by everybody

3.According to ASPECT OF LIFE:

4.According to ITS DEROGABILITY:

a. NON-DEROGABLE or OBSULUTE Rights: Are those rights that

Importance of Human Rights:

A. The Government and HR

-Policies and Procedures.

D. PROMOTION AND PROMOTION OF HUMAN RIGHTS

As media attention has focused worldwide attention on HR violations, which were

Human Rights During Custodial Investigation and Tactical Interrogation

1.Rights of the Accused.

b. Rights of A Person Under Investigation

(2) The employment of physical, psychological, or degrading punishment against any

c. Rights of the Accused At The Trial

Human Rights Violations Under

b. Constitutional guarantees provided against the use of torture, Force, violence,

BHRAC Program: A Nationwide Mobilization

The BarangayHR Action Officer (BHRAO)

Annex D- “Instructional Aids” to LTG on Rule of Law

II. INTERNATIONAL HUMAN LAW: (ROTC MS-3 (RSTC) STUDENTS)

Where did international Humanitarian Law Originated?

International Humanitarian Law distinguishes between international and non-

Nature and Meaning:

IHL also known:

International Humanitarian Law impose obligations on all parties to a conflict to

Examples of war are crimes: attacking civilians, recruiting children as a soldier,

Customary International Humanitarian law identifies the common core of

Who looks after IHL obligations? ICRC plays a vital role.

Convention 3: The present convention replaced the prisoners of war convention of

Convention 4: GC which were adopted before 1949 were concerned with

THE LAW OF WAR FOR ARMED FORCES

Summary rules for non-international armed conflict

party to these Conventions. There are no express requirements with regard to

1) Through attacks against works or installations containing dangerous forces (dams,

a. Mission. In the exercise of command, it starts with the mission. As soldiers, we

a.Conduct of operations in general

4) To pretend being a civilian or non-combatant;

a. Preplanned protected zone. Preplanned protected zones are established by

2) Be supported by military means (e.g. transports), when the tactical situation

a. Rule. Defense shall be organized primarily outside populated areas.

f. Marked cultural objects. Withdrawal of immunity of marked cultural objects follows

2) When their location can be accurately recorded, or an effective neutralizing

PRACTICAL GUIDE TO SAFEGUARD HUMAN RIGHTS DURING MILITARY

A. While not in Combat:

Summary rules for non-international armed conflict:

place to be searched and persons or things to be seized." There are situations,

B. During Combat Operation