IHL Principles

Army Vision: By 2028, a world-class Army that is a source of national pride
Instructor Profile
Source of Commission: OCC CLASS 25- 2004

College Degree: BS Mathematics (MSU,GENSAN)
Courses: IOBC-2004
IOAC-2011
SROC
CMOOCC 19-20
Previous Assignment:
PL/Ex-O, C Coy 24IB (04-07)
S3, 24IB (07-08)
CO, A Coy, 24IB (08-10)
OG3,7ID (10-14)
MAJ VICEL JAN C GARSUTA (INF)
CAS, TRADOC,PA (14-20) GENERAL SANTOS CITY
Present Assignment:
1205th CDC,12RCDG,ARESCOM,PA
Army Core Purpose: Serving the people. Securing the land.

Safety Precautions:
Be aware of the cables and wires

on the floor and walls to avoid
tripping or related accident.
In case of earthquake, execute

“Drop, Cover, and Hold” procedure, then
evacuate thru the exit when told to do so.
In case of fire, do not panic or shout. Remain

calm and exit the classroom.

Human Rights,
International
Humanitarian Law,
& Rule of Law

Learning Objectives:
TLO: At the end of the lecture, students shall be able to
Discuss the principles of HR/IHL/ROL

ELO:
Define concisely HR/IHL/ROL
Identify the Principles of HR/IHL, Essential

Characteristics of ROL (to include subtopics)

References:
Bill of Rights, 1987 Constitution of the Philippines

http://www.un.org/en/universal-declaration-human-rights/in
dex.html

Scope of Presentation:
A. Fundamental Principles of Human Rights (HR)
B. Fundamental Principles of International

Humanitarian Law (IHL)
C. The Essential Characteristics of the Rule of

Law (ROL)
D. Bill of Rights, 1987 Constitution of the Philippines

WHAT IS HUMAN RIGHTS?
It is generally defined as those rights which

are inherent in our nature and without which we
cannot live as human beings.
All persons are born free and equal in dignity

and rights without any distinction as to race, color,
sex, religion, origin, and social status.

UNIVERSAL DECLARATION OF HUMAN

RIGHTS
Milestone document in the history of human rights
Drafted by representatives w/ different legal and

cultural backgrounds from all regions in the world
Proclaimed by UN Gen Assembly last 10

December 1948 (Gen Assembly Resolution 217
(III) A

Five (5) Fundamental Principles of HR
Universality and Inalienability
Indivisibility and Interdependence
Equality and non-discrimination
Empowerment and Participation
Accountability and Rule of Law

Universality and Inalienability

-Rights that belong to and are entitled to all human beings by
virtue of their inherent dignity.
Indivisibility and Interdependence

-The respect for HR covers all aspects of a person whether it
is Civil, Political, Economic and Cultural Rights.
Equality and non-discrimination

-All individuals are equal as Human Beings and by virtue of
their inherent dignity.

Empowerment and Participation

-HR enables and empower individuals to effectively
contribute to the Society.
Accountability and Rule of Law
-The State and other duty bearers are responsible
for protecting and preserving HR.

Six (6) Categories of Human Rights
 Political Rights
 Democratic Rights
 Mobility Rights
 Legal Rights
 Rights of Equality
 Economic, Social, and Cultural Rights

 POLITICAL RIGHTS - examples of these are

freedom of religion, thought, belief, opinion and
expression, freedom of the press and communication,
freedom of association, freedom of peaceful
assembly. The rights to privacy, reputation and
human dignity are likewise included
 DEMOCRATIC RIGHTS- the right to vote and to

participate in such electoral processes, and the right
to participate in public or governmental affairs.
 MOBILITY RIGHTS- the right to travel and to return

to one’s country, and the freedom of movement within
the country.
 LEGAL RIGHTS- includes the freedom from arbitrary arrest and

detention and the protection against unreasonable search and
seizure, right to counsel, right to fair and public trial,
presumption of innocence, and the right against self-
incrimination.
 RIGHTS OF EQUALITY- the right against discrimination on the

grounds of sex, race, religion, ethnic origin, age, marital status
and political and social condition.
 ECONOMIC, SOCIAL & CULTURAL RIGHTS- these include

the right to social security, social insurance, protection and
assistance to the family, adequate standard of living, food,
clothing and housing.

What is International Humanitarian Law
is a set of rules which place restrictions on the use of

-
weapons and methods of warfare;
- it protects people who are not, or no longer

participating in hostilities;
- aims to protect human dignity and to limit suffering

during times of war; and
- also known as the Law of War or the Law of

Armed Conflict (LOAC).

Why IHL is important
one of the most powerful tools

the international community has
at its disposal to ensure the
safety and dignity of people in
times of war;
 it seeks to preserve a
measure of humanity, with the
guiding principle that even in war
there are limits.

When does IHL Apply
International armed conflicts, which involve at

least two (2) countries
Armed conflicts that take place in one country

(such as those between a government and rebel
forces)
It applies to all parties to a conflict regardless of

who started it.

Fundamental Principle of IHL
1.Distinction
Distinguish between combatants and civilians or the
civilian population as such. Distinguish between military
objectives which can be attacked and civilian objects which
must be respected.
2. Principle of Military Necessity

The only legitimate objective, which States
should endeavor to accomplish during war, is to weaken the
military forces of the enemy; that for this purpose it is
sufficient to disable the greatest possible number of men

Fundamental Principle of IHL
3. Principle of Proportionality
Neither the parties to the conflict nor members
of their armed forces have an unlimited right to choose
methods and means of warfare. It is forbidden to use
weapons or methods of warfare that are likely to cause
unnecessary losses or excessive suffering.
4. Limitation
The right of the parties involved to choose methods
and means of warfare is not unlimited, ie. IHL limits how
weapons and military tactics may be used.

Four (4) Geneva Conventions of 1949
First Convention - protects the wounded and sick soldiers

in the fields.
Second Convention - protects the wounded, sick and

shipwrecked among the armed forces at sea.
Third Convention - protects the Prisoners Of War (POW).
Fourth Convention - protects civilians.

Two (2) Additional Protocols of 1977
Protocol I - strengthens the protection of victims of

international armed conflict.
Protocol II - strengthens the protection of victims of non-

international armed conflict.
 Protection of Civilians
 Protection of Children in Armed Conflicts
 Protection is also extended to: Objects necessary to
the survival of the civilian population;
 -Cultural objects & places of worship;
 -The Philippine National Red Cross (PNRC) and other
authorized relief agencies.

Violations and Penalties
 Violations committed during internal armed conflicts are

subject to military justice or the national penal code.
 For international conflicts, the International Criminal Court
(ICC) was created for this purpose.

Check on Learning
What are the Fundamental Principles of IHL?

Principle of Distinction
Principle of Military Necessity
Principle of Proportionality
Limitation
What are the Four (4) Geneva Conventions?
1st Convention – Wounded and sick soldiers in the fields
2nd Convention – Wounded, sick and shipwrecked
3rd Convention – POW
4th Convention – Civilians

Rule of Law
Principle of governance in which all persons,

institutions and entities, public and private, including the
State itself, are accountable to laws that are publicly
promulgated, equally enforced, and independently
adjudicated, and which are consistent with international
human rights norms and standards.
It requires, as well, measures to ensure adherence to

the principles of supremacy of law, equality before the law,
accountability to the law, fairness in the application of the
law, separation of powers, participation in decision-making,
legal certainty, avoidance of arbitrariness, and procedural
and legal transparency.
The 9 Essential Characteristics of ROL
1. Supremacy of law
2. Concept of justice
3. Restrictions on the exercise of discretionary power
4. The doctrine of judicial precedent
5. The common law methodology
6. Legislation should be prospective and not retrospective
7. An independent judiciary
8. Limits On The Power Of The Legislature To Delegate
9. An underlying moral basis for all law

1. Supremacy of law- All persons (individuals,

institutions and government) are subject to law The rule
of law requires both citizens and governments to be
subject to known and standing laws. The supremacy of
law also requires generality in the law. Further
development of the principle of equality before the law.
2. Concept of justice
Interpersonal adjudication
Law based on standards and Due process

3. Restrictions on the exercise of discretionary power - The

keystone of the rule of law is the idea of the government of laws
rather than the government of men. The keystone of the government
of laws is legal control over human.
4. The doctrine of judicial precedent - The doctrine of judicial

precedent is at the heart of the common law system of rights and
duties. The courts are bound (within prescribed limits) by prior
decisions of superior courts Adherence to precedent helps achieve
two objects of the legal order
 First, it contributes to the maintenance of a regime of stable laws
 Second, it ensures that the law develops only in accordance with

the changing perceptions of the community and therefore more
accurately reflects the morals and expectations of the community

5. The common law methodology - is the product of long evolved

social values which are judicially articulated and interpret. The
common law method of adjudication, in the context of the doctrine of
judicial precedent is fundamental to them protection of rights and the
prevention of arbitrary determinations
6. Legislation should be prospective and not retrospective - A

person should never be made to suffer in law (criminal or civil) for an
act which was not unlawful when he committed it. Retrospective
legislation destroys the certainty of law, is arbitrary and is vindictive,
(being invariably directed against identifiable persons or groups).
Such laws undermine many characteristics of the rule of law.







7. An independent judiciary
1. The most elaborate system of rights, remedies and procedures
would be of little use when there is no independent, impartial and
competent judiciary.
The independence of the judiciary has been ensured by the judges'

security of tenure as well as the judiciary's own distinguished
traditions of learning, integrity and technique and the law of
contempt. Independence of the judiciary was inextricably linked to
the system of formal courts.
2. The most elaborate system of substantive, procedural and remedial

provisions is meaningless without an independent, impartial and
competent judiciary for one reason: administration Without
jurisdiction to administer, the law is purely academic and without a
proper judiciary, the jurisdiction to administer is purely oppressive,
as may be seen in numerous uncivilized countries of the world
“the rules of just conduct”

“the good of the whole",
"the common good",
"the public good" and
"the interest of the people“

The values of the new moral order includes:
 Autonomy for the individual,
 equality and
 social justice.

“the rules of just conduct”

“the good of the whole",
"the common good",
"the public good" and
"the interest of the people“

The values of the new moral order includes:
 Autonomy for the individual,
 equality and
 social justice.

Writ of Habeas Corpus
What is the Writ of Habeas Corpus

(rule 102 rules of court)
is a Latin phrase which literally means “you have the body”.
Basically, it is a writ directed to the person detaining another,
commanding him to produce the body of the prisoner at a designated
time and place, with the day and cause of his capture and detention, to
do, submit to, and receive whatsoever the court or judge awarding the
writ shall consider in that behalf.
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.

Rule of law
End of Presentation

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Army Vision: By 2028, a world-class Army that is a source of national pride

Source of Commission: OCC CLASS 25- 2004

Army Core Purpose: Serving the people. Securing the land.

Be aware of the cables and wires

In case of earthquake, execute

In case of fire, do not panic or shout. Remain

Army Core Purpose: Serving the people. Securing the land.

Army Core Purpose: Serving the people. Securing the land.

TLO: At the end of the lecture, students shall be able to

Discuss the principles of HR/IHL/ROL

Identify the Principles of HR/IHL, Essential

Army Core Purpose: Serving the people. Securing the land.

Bill of Rights, 1987 Constitution of the Philippines

Army Core Purpose: Serving the people. Securing the land.

A. Fundamental Principles of Human Rights (HR)

B. Fundamental Principles of International

C. The Essential Characteristics of the Rule of

D. Bill of Rights, 1987 Constitution of the Philippines

Army Core Purpose: Serving the people. Securing the land.

WHAT IS HUMAN RIGHTS?

It is generally defined as those rights which

All persons are born free and equal in dignity

Army Core Purpose: Serving the people. Securing the land.

UNIVERSAL DECLARATION OF HUMAN

Milestone document in the history of human rights

Drafted by representatives w/ different legal and

Proclaimed by UN Gen Assembly last 10

Army Core Purpose: Serving the people. Securing the land.

Five (5) Fundamental Principles of HR

Universality and Inalienability

Indivisibility and Interdependence

Equality and non-discrimination

Empowerment and Participation

Accountability and Rule of Law

Army Core Purpose: Serving the people. Securing the land.

Five (5) Fundamental Principles of HR

Universality and Inalienability

Indivisibility and Interdependence

Equality and non-discrimination

Army Core Purpose: Serving the people. Securing the land.

Five (5) Fundamental Principles of HR

Empowerment and Participation

Army Core Purpose: Serving the people. Securing the land.

Six (6) Categories of Human Rights

Army Core Purpose: Serving the people. Securing the land.

Five (5) Fundamental Principles of HR

 POLITICAL RIGHTS - examples of these are

 DEMOCRATIC RIGHTS- the right to vote and to

 MOBILITY RIGHTS- the right to travel and to return

Five (5) Fundamental Principles of HR

 LEGAL RIGHTS- includes the freedom from arbitrary arrest and

 RIGHTS OF EQUALITY- the right against discrimination on the

 ECONOMIC, SOCIAL & CULTURAL RIGHTS- these include

Army Core Purpose: Serving the people. Securing the land.

What is International Humanitarian Law

is a set of rules which place restrictions on the use of

weapons and methods of warfare;

- it protects people who are not, or no longer

- aims to protect human dignity and to limit suffering

- also known as the Law of War or the Law of

Army Core Purpose: Serving the people. Securing the land.

Why IHL is important

one of the most powerful tools