As PH commemorates IHL day Aug. 12, CHR laments unabated armed conflicts


Commission on Human Rights (CHR)

The Commission on Human Rights (CHR) joined all Filipinos and the government, particularly the Armed Forces of the Philippines (AFP), in the commemoration today, Aug. 12, of the “International Humanitarian Law (IHL) Day.”

Theme of this year’s commemoration is "Upholding the Law of Armed Conflict Amidst the COVID-19 Pandemic: Protecting Humanity for Healing and Recovery."

"As the independent national human rights institution of the Philippines, CHR continues to underscore the importance of IHL as a set of rules that seeks to restrict the means and methods of warfare and protect non-combatants or individuals no longer participating in hostilities -- all in view of limiting the effects of armed conflict," the commission posted in its social media account.

IHL, based on the International Committee of the Red Cross’ (ICRC) website, is “a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict.” These rules aim to “protect persons who are not or are no longer participating in the hostilities” and “restrict the means and methods of warfare,” ICRC said.

In the Philippines, the entire month of August has been dedicated as “IHL Month.”

The AFP has vowed to uphold the law of armed conflict amidst the challenges of the coronavirus disease (COVID-19) pandemic.

Lt. Gen. Jose Faustino Jr., AFP Chief of Staff, emphasized the importance of protecting and ensuring that the rule of law will prevail especially in times of armed conflict.

“The rules of IHL should always be paramount in our service as this defines us as a professional armed force,” Faustino said in a statement.

Last Monday, Aug. 9, the AFP said that 111 more cases of IHL violations -- ranging from using child warriors, destruction of civilian properties, unabated use of landmines and willful killings – were recorded only in the first half of 2021 on top of the 1,506 violations committed since 2010.

Brig. Gen. Joel Alejandro Nacnac, director of the AFP Center for Law of Armed Conflict (AFP-CLOAC), said the 1,506 IHL violations previously committed by the Communist Terrorist Groups (CTGs) from 2010 to 2020 are now being investigated by the CHR.

He said the same set of cases were also submitted to the Department of Justice (DOJ) to be passed on to local courts that have jurisdiction over them for violations of Republic Act No. 9851, the law that defines and penalizes crimes against IHL, genocide and other crimes against humanity....

Nacnac said of the recorded violations, there were 309 incidents of willful killings, 199 incidents of using anti-personnel mines (APMs), 560 incidents of children involved in armed conflict, 542 incidents of destruction of properties, and seven other IHL violations.

He said a total of 458 people were killed in these incidents – 325 were civilians and 80 from the military.

For its part, the CHR said the theme of the IHL commemoration this year highlights the importance of focusing on humanitarian values amid armed conflict and during any crisis - in this case, the current COVID-19 pandemic.

But the CHR lamented that even with a health crisis, armed hostilities continue to prevail and individuals and families are caught in the crossfire.

"We echo our call for an immediate stop to using child soldiers -- not only those who are involved in the fighting, but as well as those who are used as messengers, couriers, lookout, cooks, and those in similar deplorable conditions," it said.

It stressed that instead of being used in battlefields where they may suffer from irreversible harm, children deserve to be protected and nurtured.

Thus, the CHR reminded both state and non-state actors that they have to adhere to the IHL and respect its rules and boundaries. For its part, the CHR said, it will continue to condemn armed struggle as a violent form of expression of ideology and claims.

"We also continue to campaign for the rule of law by urging the government to ensure that all perpetrators of IHL violations are held to account. We hope that, in spirit of IHL day, we continue to stress the primacy of human rights and dignity at all times, even during armed hostilities," the CHR added.