INTRO TO INTERNATIONAL HUMANITARIAN LAW

INTRO TO INTERNATIONAL HUMANITARIAN LAW

International Humanitarian Law

International Humanitarian Law are international rules, established by treaties

or custom, which limit the right of parties to a conflict to use the methods or means of
warfare of their choice, or which protect States not party to the conflict or persons
and objects that are or may be affected by the conflict.

To be more precise, IHL has been drawn up to protect, in time of armed

conflict, persons who do not take part or who have ceased to take part in hostilities,
like civilian, medical and para-medical personnel, or religious personnel, combatants
who have stopped fighting because they are either wounded or sick, or have been
captured, or have surrendered or are otherwise defenseless.

International Law forbids the use or threat of force in international relations

except for:

 United Nations enforcement action or peace-keeping operations; and

 Dual or collective self-defense when an armed attack occurs against a
state

IHL as Enforced in the AFP

Doctrine of incorporation under the Philippine Constitution .

- Philippines is a party to the Geneva Convention and Protocol II since 1952

and 1986 respectively or high contracting party, and therefore bound to undertake to
respect and ensure compliance of these treaties.

- Recognizing the importance of Law of Armed Conflict, the President of the

Philippines issued Memorandum Order Nr. 259 dated Feb 7, 1995 for the inclusion of
IHL and Human Rights in all career course of the Officers and men of the AFP.

The Law of Armed Conflict

The Law of Armed Conflict is a part of international public law. It regulates the
rights and duties of the belligerents and the protections of the victims of combat if an
armed conflict occurred whatever the cause of that conflict. Its aim is to limit and
alleviate as much as possible the calamities of war. The law of armed conflict tends
to conciliate the military needs imposed by the tactical situations and the fulfillment of
the mission with the requirements set by the humanitarian principles. This law applies
in international and internal conflict.
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Basic Principles
 1. Limitation
2. Proportionality
3. Humanity
4. Military Necessity

Components of the Law of Armed Conflict

1. Geneva-type law

It compromises the four Geneva Conventions of 1949 which provide for the
protection of victims of war, that is,

a. the First Geneva Convention: the protection of wounded and sick on

land;
b. the Second Geneva Convention: protection of wounded, sick and
shipwrecked at sea;
c. the Third Geneva Convention: treatment of prisoner of war; and
d. the Fourth Geneva Convention: protection of civilians in times of war

2. Hague-type Law

It provides rules pertaining to the conduct of hostilities, specifically, the means

and methods of combat. In particular, it covers:

a. Conduct of combat;
b. The concept of occupation; and
c. The concept of neutrality.

The Law comprises:

a. the main Haque Conventions of 1899, mostly replaced and completed

by the Hague Conventions of 1907 (Land and sea);
b. the rules of air warfare drafted at the Hague in 1923; and
c. Various treaties relating to specific weapons (e.g. explosive
projectiles, expanding bullets, poison and poisonous weapons, gases
and bacteriological weapons, non-detectable fragments, booby-traps,
mines and other devices, etc.).
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3. Mixed-type Law
 A mixed-type of Law consisting of both Hague-type and Geneva-type
provisions comprises the following:

a. the Hague Convention of 1995 for the protection of cultural property;

b. the two Additional Protocols to the Geneva Conventions of 1949, namely
Protocol I relating to international armed conflicts, and Protocol II
concerning non-international armed conflicts.

Protocol I - Applicable in international armed conflict, including wars of national

liberation, ensures the protection of civilians against the effects of hostilities

Protocol II - Supplements Article 3 common to all Geneva Conventions with more

detailed rules applicable in situations which are not covered by Protocol I, that is
internal armed conflicts of a certain magnitude. It deals with the guarantees of
protection for all persons who do not or have ceased to take part in hostilities.

Other Conventions and Declarations on the Conduct of Hostilities

1. Protocol I prohibits the use of any weapon the primary effect of which is to
produce fragments which cannot be located in the human body by x-rays.
This refers mainly to the despicable invention of fragmentation bombs
filled with fragments made of plastics.

2. Protocol II condemns the use of mine, booby traps and other devices
against civilian population or in such an indiscriminate manner as to
cause the civilians incidental injury which is excessive with respect to the
concrete and direct military advantage sought. This refers in particular to
mines placed outside military zones.

3. Protocol III- prohibits the use of incendiary weapons.

4. Convention for the protection of cultural property in the event of armed

conflict, the Hague, 1954. Article 19 of the convention provides that even
in the event of a non-international armed conflict each party to the conflict
shall be bound to apply, as a minimum, the provisions of the present
convention which relate to respect for cultural property.
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International Red Cross and Red Crescent
 Movement and War

ICRC- is a neutral and private organization whose members are all Swiss. As
a neutral Intermediary, it contributes to the application of IHL by providing assistance
to the wounded, sick and shipwrecked, seeking to improve the conditions and
detention of prisoners of war, tracing, missing persons and transmitting family
messages.

The International Red Cross and Red Crescent Movement comprises the
following:

1. International Committee of the Red Cross (ICRC) came into

being in 1863, is an independent and neutral institution. It is the
founding body of the Red Cross and promote of the Geneva
Conventions. In times of armed conflict, international conflict, civil
wars and internal disturbances it provides protection and assistance
to the military and civilian victims, be they prisoners of war, civilian
detainees, war wounded or civilian populations in occupied or
enemy territory, if also visits political detainees.

2. International Federation of Red Cross and Red Crescent

Societies, which was founded in 1919, and until very recently was
known as the league that strives to facilitate the development of the
member societies at the national level, to coordinate their activities
at the international level, and to encourage the creation of new
national societies. It organizes, coordinates and direct international
relief operations in the event of natural disasters and encourages
the humanitarian work of the national societies with a view to
preventing and alleviating human sufferings.

3. The National Red Cross and Red Crescent Societies activities

range from emergency relief to medical services and social work,
first aid, training of nurses, blood transfusion and youth program. In
times of armed conflict, the national societies act as auxiliaries to
the armed forces medical services and come to the aid of civilian
and military victims.
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The International Committee of the Red Cross
Name: International Committee of the Red Cross.
Date of birth: In 1863, in Geneva.
Founding fathers: Henry Dunant and four other citizens of Geneva:
General Guillaume-Henry Dufour, Gustave Moynier,
Dr. Louis Appia and Dr. Theodore Maunoir.
Sponsors: Almost all the countries of the world.
Occupation: To protect and assist the civilian and military victims of
conflicts and of their direct consequences.
Place of work: Everywhere in the world, in time of war, civil war,
internal disturbances and tensions.
Tasks: As the promoter of the Geneva Conventions which stipulate that the
human being must be respect even in armed conflict, the ICRC’s tasks is to develop
and disseminate International Humanitarian Law. As the guardian of the
fundamental principles, it plays a major role in discussions about the movement’s
philosophy and activities.

Distinguishing characteristics: As private, independent and Swiss institution, the

ICRC has a right of initiative, recognized throughout the world, to take any
humanitarian action in line with its position as a neutral and independent body.
Domicile: 19, avenue de la Paix – 1202 Geneva, Switzerland
(+ several delegations in different part of the world).

Control of Armed Conflict

This part deals with the general strategic concepts relative to the prevention
and management of armed conflict and with the measures to be taken accordingly by
the states. Such measures will avoid the risk of an escalation of violence, which
besides unleashing atrocities; will also constitute an impediment to the restoration of
peace.

Preparatory Measures in peace time

1) Strategic Measures- a clear national security policy and abstention from

provocative action and/or behavior.

2) Preventive Measures

a. Avoiding armed conflict from breaking out

b. Remaining out of an armed conflict occurring
between other states or within a state

3) Executive and Administrative Measures

a. Making the law of war known to the armed forces and the civilian
population.
b. Rendering organizational and executive procedures effective to
ensure the application of the law of war in the event of armed conflict.
The necessary national implementing legislation shall be enacted to
ensure the application of the law of war.

Control Measures during Armed Conflict

 1. Strategic Measures - Parties to the relevant treaties particularly the
belligerent parties and neutral states shall take necessary actions for the
execution of their obligation under the law of war from the outbreak of
hostilities onwards, the belligerent parties shall:

a. As a rule, aim at the restoration of peace

b. Constantly ensure respect for the law of war within their sphere of
influence.
c. Keep the armed conflict under control to avoid or at least restrict
escalation.

2. Executive and Administrative Measures - whenever suitable,

special agreement shall be concluded between the belligerent parties or
with neutral states, for instance;

a. To keep given areas (e.g. hospital zones or locality, demilitarized

zones) at an appropriate distance from the military operations.
b. Suspension or interruption of hostilities in a given area (e.g. to
search for wounded, to established a neutralized zone).
c. For medical transportation, particularly by air (e.g. over flight of
enemy controlled area, use to distinctive signals).
d. Repatriation or transfer into neutral territory of prisoners of war.
e. Markings with distinctive signs of non-defended localities and
demilitarized zones.

Control Measures after an Armed Conflict

a. End of hostilities
b. Restoring normal conditions
c. Repatriation and release of persons and objects
d. Missing and dead persons

Exercise of Command

a) Command Responsibility - The commander of the force engage in

military operation has the general responsibility for ensuring respect for
the law of armed conflict. This is a matter of order and discipline.
b) Cooperation - To reduce risk incurred by civilian person and objects from
military operation, commander shall seek close cooperation with the
civilian authorities.
c) Instruction - Special attention should be given to the distinction between
combatants and non-combatants.
d) Exercise of Command - is initiated by the mission which is conditioned
by the military situation. The mission has to be consistent with the law of
armed conflict, relevant aspect of which has to be introduced into the
decision-making process of the commander and their staff.
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Elements of the Decision-Making Process
 1. Intelligence/Information
2. Precaution
3. Analysis

Conduct of Operations

This file covers the rules under the law of armed conflict governing the
conduct of operations and the constraints placed by the said law thereon, and it deals
in particular with the rule of proportionality.

The two main principles contained in the regulations of the fourth Hague
Convention of 1907, and reaffirmed in the first additional Protocol (Art. 35) to the
Geneva Conventions of 1949, which place constraints on the conduct of hostilities
are:

 The right to choose the means and methods of warfare is not unlimited;
and
 The principle of proportionality which calls for the avoidance of
unnecessary suffering and damage and therefore prohibits all forms of
violence not indispensable for the overpowering of the enemy.

Military operations may only be directed against military objectives. Therefore

everything feasible must be done to verify that the assigned target is a military
objective. In the choice of weapons or methods of combat, care must be taken to
avoid incidental loss or damage to civilians or civilian objects. Effective advance
warning must be given of attacks which may affect the civilian population, unless
circumstances do not permit this

Prohibitions: It is forbidden

1. to attack the civilian population, individual, civilians or civilian object as a

deliberate method of warfare;
2. to compel enemy national to take part in operations against their own
country even if they were in your service before the outbreak of hostilities;
3. to attack or bombard undefended towns, villages, dwellings or buildings;
4. to commit pillage, even if the town or place concerned is taken by assault;
5. to carry out reprisals against protected persons or property;
6. to starve civilians as a method of warfare;
7. to spread terror among the civilian population through acts or threats of
violence;
8. to order that there will be no survivors, to threaten the enemy or to
conduct operations on this basis;
9. to direct attacks at object indispensable for the survival of the civilian
population such as food-stuff, crops, livestock and drinking water;
10. to use methods of warfare which are specifically intended or may be
expected to cause widespread, long-term and severe damage to the
natural environment;
11. to attack dykes, nuclear power plants or dams if to do so would cause the
release of dangerous forces and consequently, severe losses among the
civilian population, unless they are being used in direct support of military
operations or for military purposes and attack is the only way to stop this;
and
 12. to carry out indiscriminate attacks.

Protection of Property

It is forbidden to destroy or requisition enemy property unless it is

militarily necessary to do so.

In sieges, bombardments or attacks, precaution must be taken to spare, as

far as possible, buildings dedicated to religion, art, science or charitable purpose,
historic monuments, important work of art, hospitals and places where sick and
wounded are collected, provided that they are not being used for military purposes.
Buildings of this sort should be distinctively marked, clearly identifying them as
placed to be spared. If a place of worship, hospital, museum or similar building is
used for some military purpose, then that part of it so used may become a proper
military target.

Conduct of Attack

Attacks may only be directed at a specific military objective which must be

identified as such and be clearly designated and assigned.

Conduct of Defense

When a choice is possible between several defense positions for obtaining a

similar military advantage, the position to be selected shall be that which would
cause the least danger to civilian persons and objects, if attacked.

Movements and Locations

Military units, except medical units, shall move or stay preferably outside
populated areas, when their presence, even temporary, could endanger civilian
persons and objects.
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Behavior in Action
 a. Sets the general framework of the rules governing war, within which the
commander of a force has to conduct military operations, “Behavior in
action” illustrates what specific action members of the armed forces must
taken whenever environment armed forces are present to fulfill a mission.

b. Behavior is the reflection of training. This means that all members of a

fighting force must undergo training such as to ensure the enforcement of
the existing rules at all levels of the military hierarchy.

c. Behavior in action ”first deals with rules related to the conditions or

prohibition of use of certain types of weapons, such as mines or
incendiary weapons.. As a matter of fact no “weapon or weapons” system
is “good “ or “bad”. It is the use made of it and its potential effects on the
target that permit an appraisal and/or a valuation.

d. Every military operation engaging military means against an adversary will

have a cause and effect not only on the means of the enemy (men,
positions, materiel), but also on the environment and on the civilian
population.

Rules for the military have to be simple if they want to get a chance to be
applied, and the more so in a combat environment. To achieve these goals we have
to simplify without betraying the spirit of the law.

1. Therefore a rule of thumb for every military commander could be:

2. After the situation estimate ask yourself the three following questions:

 Is the objective a military one?

 Are there protected persons or objects in the vicinity of the
assigned objective?
 Are the means that I am gong to engage, proportionate to the
expected military result of the operation?

Captured Enemy Combatants

It is forbidden to kill or wound someone who has surrendered, having laid

down his arms, or who no longer has any means of defense. Those who have
surrendered must be treated humanely as POW’s or prisoners depending on the
nature of the conflict. POW is entitled to keep his identity card and identity disc, his
personal property, decorations, badge of ranks, articles of sentimental such as steel
helmet, gas mask and NBC clothing.
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Medical Units, Personnel Resources
 Protection from attack is given to fixed and mobile medical units and to
medical transport e.g. ambulance. They must not take part in hostilities. If they do,
their protection might be forfeited.

Captured Enemy Military Objects

Become war booty (e.g. object of military value taken from the captured
enemy military personnel, other military material such as weapons, transport, store
goods). War booty may be used without restriction. It belong to the capturing party,
not to individual combatants.

Wounded, Sick and Shipwrecked

The wounded, sick and shipwrecked shall be treated humanely, cared for and
protected.

Rules of Engagement

Concepts and Terms

1. Collateral Damage – unintended and undesirable civilian personnel injuries

or materiel damage adjacent to a target produced by the effects of friendly
weapons.

2. Combatant – armed forces of a party to a conflict, such as militia, volunteer

corps and organized resistance movements belonging to a party to the
conflict that are under responsible command, wearing a fixed distinctive sign,
recognizable at a distance, carry their firearms openly, and abide by the laws
of war.

3. Combat Board and Search – a method of board and search employed when
a suspected ship or watercraft is considered hostile and was force to stop at
sea or when there is an indication or sign of hostility. This method shall also
be employed in any hostile environment.

4. Crew-served weapons – any weapon system that requires more than one
individual to operate. Crew-served weapons include, but are not limited to
tanks, artillery pieces, anti-aircraft guns, surface-to-air missiles, and surface-
to surface missiles, launcher of biochemical weapons, mortars and machine
guns.
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 5. Elements of Self-Defense – application of force in self-defense requires the
following elements:

a. Necessity – requires that an armed force shall engage only those

forces committing hostile acts or clearly demonstrating hostile intent
and that the use of deadly force is justified only in cases in which the
necessity of self-defense is instant, overwhelming, leaving no choice
of means and no moment for deliberation.
a. Proportionality – requires that the force used be reasonable n
intensity, duration, and magnitude, based on all facts known to the
commander at that time, to decisively encounter the hostile act or
hostile intent and to ensure the continued safety of one’s own force.

6. Engage – action taken against a hostile aircraft by interceptor aircraft or by

ground to air weapons with intent to deter, damage or neutralize it.

7. Exclusive Economic Zone (EEZ) – the maritime zone extending 200 NM

from which the breadth of the territorial sea is measured as defined in the PD
1599, as promulgated in RA 3046, as amended by RA 5446, and as
recognized by UNCLOS. (DFA)

8. Fire Coordination Area – area in which specific restraints have been

imposed and in which fires in excess of those restraints will not be delivered
without approval of the NCA.

9. High Collateral Damage Targets – targets that, if struck, are estimated to

result in significant collateral effects including non-combatant casualties
estimated at 30 percent or greater. These are targets that may affect the
environment or infrastructure and the like which are not related to adversary’s
combat capabilities. These include targets close to human shelters.

10. High Seas – Include all parts of the ocean seaward of the EEZ.

11. Hostile Act - an attack or other use of force against AFP forces. It is also
force used directly to impede the mission and/or duties of AFP forces.

12. Hostile Aircraft – aircraft committing a hostile act, identified by a competent

observer or confirmed by the Chief, Philippine Air Defense Control Center or
his authorized representative as:

13. Hostile Forces – any armed force, local or foreign, that has committed a
hostile act, exhibited hostile intent, or has been declared hostile by
appropriate government authority.
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 14. Hostile Intent - the treat or imminent use of force against AFP forces. It is
also the treat to preclude the mission and/or duties of the AFP, including the
recovery of RP personnel or vital property. The context of hostile intent s
imminent and demonstrated or exhibited, thus it must be demonstrated or
exhibited by behavior. Imminent does not necessarily means “immediate” or
“instantaneous”. The logic of responding to hostile intent is to preempt a
hostile act. In the absence of specific criteria, hostile intent is a determination
based on behavior and the totality of the circumstances surrounding the
behavior demanding considerable judgment of command. Hostile intent may
be characterized as behavior that, if not responded to, becomes hostile
action. The challenge in using force based on the hostile intent is “when” and
“how”. The when is based on necessity, and the how is based on
proportionality. Responding too soon risks misinterpreting the behavior, and
responding too late s a moot point; the hostile intent would have become
hostile action. This indicates that there are thresholds between a hostile act,
hostile intent, and no threat perceived.

15. Individual Self-Defense – the inherent right to use all necessary means
available and to take all appropriate actions to defend oneself from a hostile
act or demonstrated hostile intent

16. Infrastructure – facilities, structures and related equipment customarily

associated with sustainment of the civilian population (public works) such as:
communication, facilities (television, telephone, radio, microwave, etc), port
facilities, markets, dams, dikes, power generation facilities canals and similar
objects.

a. Belonging to an unfriendly nation;

b. Operating within the Philippine Air Space without proper clearance;
and/or
c. By its actions, clearly demonstrates a threat to the security and
interest of the Republic of the Philippines.

17. Military Target/Object – installations, camps, facilities or objects which, by

their nature, location, purpose or use, makes an effective contribution to
military action and whose total or partial destruction, capture or neutralization,
in the circumstances ruling at that time, offers a definite military advantage.

18. National Command Authority (NCA) – is the ultimate lawful source of

military orders and refers to the Commander-in-Chief of the Republic of the
Philippines or his/her duly designated representative.

19. Non-Combatant – unarmed civilians or persons taking no active part in the

hostilities, medical personnel, and personnel of impartial humanitarian and
relief organizations, priest/chaplain/imam and those out of combat, including
prisoners of war, the wounded and the sick.
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 20. Non-Military Target/Object – civilian populace, medical, relief, and/or
impartial humanitarian organizations, their personnel, materials, transport and
facilities; protected places (e.g. those devoted to the dead, religion, art,
science or charitable purposes), cultural objects, historic monuments,
hospitals or any place where the sick and wounded are treated.

21. Rights of Innocent Passage – international law provides that ships of all
nations enjoy the right of innocent passage for the purpose of continuous and
expeditious traversing of the territorial sea. Innocent passage includes
stopping and anchoring, but only in so far as incidental to ordinary navigation
or as rendered necessary by force ampere or distress or for the purpose of
rendering assistance to persons, ships or aircraft in danger or distress.
Passage is innocent as long as it is not prejudicial to the peace, good, order
or security of the Republic of the Philippines.

22. Routine Board and Search – a method of board and search employed when
a suspected ship or watercraft stops at sea when ordered to stop and is
determined to be non-hostile.

23. Strategic Implications of Tactical Operations – a tactical action acquires

strategic implications if it involves public perceptions beyond immediate area
of operation; and/or when it involves adverse consequences to the general
state of law and order, socio economic activity and political stability within and
beyond the immediate area of operation.

24. Terrorist and Terrorist Groups/Cells/Facilities – person (s) providing

support to or a member of the following local and international terrorist
organizations, or any groups/cells/facilities associated therewith AL QAEDA,
JEMAAH ISLAMIYAH, NEW PEOPLE’S ARMY, MORO ISLAMIC
LIBERATION FRONT, ABU SAYAFF, KIDNAP-FOR-RANSOM GROUPS,
LOST COMMANDS and others as may be later identified by GHQ, AFP.

25. Time Sensitive Targets – targets requiring immediate response because

they pose (or will pose) a clear and present danger to AFP forces, friendly
forces, civilian communities and highly lucrative fleeting targets of opportunity.

26. Unit Self-Defense – the act of defending a particular AFP element, including
individual personnel thereof and other AFP forces in the vicinity, against a
hostile act or demonstrated hostile intent.

27. Unlawful Aggression – equivalent to assault or at least threatened assault of

an immediate or imminent kind. There is unlawful aggression when the peril
to one’s life or limb is either actual or imminent
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Rules for Ground Operations

1. Basic Principles

a. All AFP Units, elements and personnel involved in ground operations

must adhere to the General Rules of Self-Defense.
b. All AFP Units, elements and personnel involved in ground operations
must adhere to the General Rules for the correct use of force for the
accomplishment of mission.

2. Conduct of Operation in General

a. The right to choose the means and methods of warfare is not unlimited.
b. Military operation other than war (MOOTW) demands greater restraint in
the use of force or applicability of combat power.
c. In all situations, the use of force must be in consonance with the rules of
necessity and proportionality.
d. The authority to use force may be limited but such limitation has no
impact on the commander’s as well as a soldier’s right and obligation of
self-defense.
e. At all times, a distinction shall be made between:

1) Combatants and non-combatants; and

2) Military objectives and non-military objectives.
3)
f. In all military actions, constant precaution shall be taken to spare non-
combatants and non-military objects.
g. Civilians and civilian property may not be subject or sole object of a
military attack.
h. When operating within or near populated areas, appropriate security and
safety measures shall be taken by the commander to prevent or minimize
civilian casualties and damage to property, i.e. clear, and where
necessary, limit the area occupied by unit; restrict, if not regulate access
to the camp; give specific instruction to the members of the unit and
appropriate information to the civilian population regarding their presence
in the area.
i. Except when the exigencies of military operation demands, no field
operative shall take possession or exploit any property of the local
populace without their explicit acquiescence or approval.
j. It is prohibited to attack, destroy, remove or render useless objects
indispensable to the survival of the civilian population specifically for the
purpose of starvation (e.g. foodstuffs, crops, livestock, drinking water
installation and supplies, irrigation work, etc); unless such object are used
solely for the sustenance or n direct support to a hostile force.
k. It is prohibited to use civilian persons or inhabited areas to shield military
units, movement and/or position.
l. Acts of threats of violence with a primary purpose to spread terror among
the civilian population are prohibited.
m. The use of deadly force against an enemy who, having laid down his arm,
or having no longer means of defense, has surrendered, is prohibited.
n. Crew-served weapons are considered a threat to AFP forces whether or
not the crew demonstrate hostile intent. Commanders are authorized to
use all necessary force to confiscate and demilitarize crew-served
weapons in the area of operations. Confiscated weapons shall
 immediately be turn-over to appropriate AFP units pursuant to current
AFP SOP’s/Guidelines and Procedures.

3. Conduct of Attack

a. Before the conduct of any offensive strike or attack, all ground

Commanders shall clearly designate, assign/or identify the specific
military objective and/or target and determine the best possible approach,
taking into consideration the presence of non-combatants and non-military
objects in the area of operation, based on all known facts available.
b. An attack is prohibited when it treats as a single military objective a
number of clearly separated and distinct military objectives in the city,
town, village or other containing a similar concentration of non-
combatants or civilian objects.
c. 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).
d. When a choice is possible among several military objectives for obtaining
similar military advantages, the objective to be selected shall be that
which would cause the least danger to non-combatants and non-military
objects.
e. Targets for particular weapons and fire unit shall be determined and
assigned with the same precaution as to military objectives, specifically
taking into account the tactical results expected (e.g. destruction,
neutralization) and the destructive power of the ammunition used
(quantity, ballistic data, precision, point of area coverage, possible effects
on the environment).
f. When tactical situation permits, effective advance warning shall be given
of attack that may affect the civilian populace (infantry fire to encourage
civilian persons to seek shelter, discharge of leaflets.)
g. An attack shall be deviated or cancelled if the objectives or target appears
to be non-military.
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 4. Conduct of Defense

a. All field operatives are bound duty to protect and defend themselves from
any or all threats to life or serious bodily harm. The use of deadly force in
self-defense is authorized when:

1) Fired upon;
2) Armed elements mobs, and/or rioters pose actual or imminent threats
to one’s own life of another AFP soldier, or thee life of civilians in the
area of operation; and
3) There is a clear demonstration of hostile intent.

b. Hostile intent of opposing forces can be determined by unit leaders of

individual soldiers if leaders are not present. Factors that should be
considered include:

1) Presence and type of weapons;

2) If weapons are present, the manner in which they are displayed;
3) Size of the opposing force;
4) Response of opposing force to AFP forces; and
5) Act of opposing force toward unarmed civilians.

c. Once a threat group has been declared a hostile opposing force, unit or
personnel may engage without observing the hostile act or a
demonstration of hostile intent.
d. Defense shall be organized primarily outside the populated areas. Non-
combatants and civilian object shall be removed from military objectives.
For this purpose, Commanders shall seek the cooperation of the civilian
authorities.
e. When the choice is possible among several defense positions for
obtaining a similar military advantage, the position to be selected shall be
on the one which would cause the least danger to non-combatants and
civilian objects.
f. The relocation of civilian person from the vicinity of military objectives
shall take place preferably to location known to them and which present
no danger to them.
g. The removal of civilian objects shall take primarily to relocate them to
areas outside the vicinity of military objectives.
h. In addition to the removal and/or relocation of civilians and civilian object,
field commanders shall undertake additional danger reducing measures.
i. When tactical situation permit, defense measures that may affect civilians
shall be announced by effective advance warning (e.g. evacuation of
specific houses or areas).
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 5. Movements

a. Movements which have to pass through or close to populated areas shall

be executed rapidly.
b. Movements and/or halts of military units near civilian objects must be
limited to a minimum.
c. Units located within or near populated areas shall be deployed in such a
way as to ensure the least possible danger to the non-combatant and
non-military targets in the areas (e.g. appropriate distance between
military used houses and facilities).

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 position
prior to attack of defensive 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 engaged unit, through his own authority, may
selectively apply available fire support means to defend his unit or
position.
e. Restriction in the use of field artillery/mortar assets are set on the
following:

1. Harassing and interdiction (H & I) fires;

2. Unobserved fire mission; and
3. Fires on targets within populated areas or when undesirable
civilian casualties/material damages are expected.

Occupied Territories

a. Definitions

- A territory is considered occupied when it is actually placed under the

authority of the enemy armed forces. The occupation extends only to the territory
when such authority has been established and can be exercised. The territory is
considered occupied even when the occupation meets with no armed resistance.

- A territory is invaded, but no occupied, when enemy armed forces stay or

fight on it and where the authority of the enemy is not yet established.
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 b. General Protection

Residents of occupied territories are entitled, in all circumstances, to the

respect of their persons, honour, family rights, their religious convictions and
practices, as well as their manners and customs.

c. Combat in Occupied Territories

Inhabitants of an occupied territory may organize themselves as resistance

movements.

General provisions governing the preparation and conduct of operations are

applicable in occupied territories. Since every combat action taking place in occupied
territory endangers the civilian population, it is the interest of both sides to keep
combat actions and their probable escalation under control.

d. Humanitarian Assistance

Free passage of all consignments of medical supply and objects necessary

for religious worship intended only for civilians are permitted. Likewise, the free
passage of all consignments of essential foodstuff, clothing, means of shelter and
other supplies essential to the survival of the civilian population, should be
implemented without delay, with priority for the children under fifteen, expectant
mothers and maternity cases.

e. The Civilian Population during Occupation

Inhabitants of the occupied territory shall not be deprived, in any case, or in

any manner whatsoever, of their rights (under the fourth Geneva Convention), by any
change introduced as the result of the occupation or annexation of the territory.

The occupying power may not detain inhabitants of the occupied territory in
areas particularly exposed to the dangers of war unless the security of the population
or imperative military reasons so demand.

f. Particular Provisions on Occupation

The occupying power has the duty to ensure the food and medical supplies of
the population.

The occupying power shall, in particular, bring in the necessary foodstuffs,

medical supply and other articles if the resources of the occupied territory are
inadequate.
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 g. Penal Affairs

The penal legislation of the occupied territory remains in force. However, the
occupying power may repeal or suspend this legislation in cases where:

a. It constitutes a threat to the security of the occupying power; or

b. It constitutes an obstacle to the application of Geneva Convention relative
to the protection of civilian persons in time of war of 1949.

The occupying power may issue new penal provisions which are essential:

a. To enable the protecting power to fulfill its obligations under the Geneva
Convention relative to the protection of civilian persons in time of war of
1949; or
b. To maintain the orderly government of the territory; or
c. To ensure the security of the protecting power.

The occupying power shall publish its new penal provisions in the language of
the inhabitants.

The effect of these penal provisions cannot be retroactive.

Subject to the above mentioned measures of the occupying power, the

tribunals of the occupied territory shall continue to function in respect of all offenses
by the law in force before occupation.

In cases of a breach of the penal provisions promulgated by the occupying

power, the power may hand over the accused to its properly constituted, non-political
military courts. These courts must sit in the occupied territory.

Inhabitants may not be prosecuted for acts committed before the occupation,
or during a temporary interruption thereof, with the exception of breaches of the law
of war.

In case of acts intended solely to harm the occupying power, the sentence
shall obey strictly the rule of proportionality and not be excessive with regard to the
damage actually caused.
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