AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW

Case Overview and Summary

Summary of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity:

Introductory Provisions (Sections 1-2):
- Short title: "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity".
- Declares principles and state policies, including renouncing war, respecting human rights, resolving armed conflicts, adhering to international humanitarian law, ending impunity, ensuring fair trials, protecting victims and witnesses, and providing redress.

Definition of Terms (Section 3):
- Defines key terms such as "apartheid", "arbitrary deportation", "armed conflict", "armed forces", "attack on civilians", "effective command and control", "enforced disappearance", "enslavement", "extermination", "forced pregnancy", "hors de combat", "military necessity", "non-defended locality", "no quarter will be given", "perfidy", "persecution", "protected person", "superior", "torture", and "works and installations containing dangerous forces".

Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (Sections 4-6):
- War Crimes (Section 4):
- In international armed conflicts, grave breaches of the Geneva Conventions, including willful killing, torture, willfully causing great suffering, extensive destruction of property, depriving prisoners of war of fair trial, arbitrary deportation, taking hostages, compelling service in hostile forces, and unjustifiable delay in repatriation of prisoners of war. (Section 4(a))
- In non-international armed conflicts, serious violations of common Article 3 of the Geneva Conventions, including violence to life and person, outrages upon personal dignity, taking hostages, and passing sentences without due process. (Section 4(b))
- Other serious violations of laws and customs of armed conflict, such as intentionally attacking civilians or civilian objects, humanitarian personnel or objects, using human shields, killing or wounding those hors de combat, perfidy, attacking undefended localities, physical mutilation or medical experiments, pillaging, displacing civilians, transferring population into occupied territory, sexual violence, using starvation as a weapon, conscripting or using child soldiers, and employing prohibited weapons. (Section 4(c))
- Genocide (Section 5):
- Acts committed with intent to destroy a national, ethnic, racial, religious, social or similar group, such as killing members, causing serious bodily or mental harm, inflicting conditions to bring about physical destruction, imposing measures to prevent births, and forcibly transferring children. (Section 5(a))
- Directly and publicly inciting others to commit genocide. (Section 5(b))
- Other Crimes Against Humanity (Section 6):
- Acts committed as part of a widespread or systematic attack against civilians, including willful killing, extermination, enslavement, arbitrary deportation, imprisonment, torture, sexual violence, persecution, enforced disappearance, apartheid, and other inhumane acts causing great suffering.

Penal Provisions (Section 7):
- Penalties for crimes under Sections 4-6 range from reclusion temporal in its medium to maximum period and a fine of 100,000 to 500,000 Philippine pesos, to reclusion perpetua and a fine of 500,000 to 1,000,000 Philippine pesos for extremely grave crimes resulting in death, serious injury, or rape.
- Inciting genocide is punishable by prision mayor in its minimum period and a fine of 10,000 to 20,000 Philippine pesos.
- Forfeiture of proceeds, property, and assets derived from the crime, and accessory penalties under the Revised Penal Code may be imposed.

Principles of Criminal Liability (Sections 8-12):
- Establishes individual criminal responsibility as principal, accomplice, or for attempt. (Section 8)
- Official capacity does not exempt from criminal responsibility, but immunities under Philippine or international law may limit application. (Section 9)
- Establishes responsibility of superiors for failure to prevent or repress crimes by subordinates. (Section 10)
- Crimes are not subject to prescription (statute of limitations). (Section 11)
- Following unlawful orders is not a defense, except if the person was legally obliged to obey, did not know the order was unlawful, and the order was not manifestly unlawful. Orders to commit genocide or crimes against humanity are manifestly unlawful. (Section 12)

Protection of Victims and Witnesses (Section 13):
- Courts shall take measures to protect safety, well-being, dignity, and privacy of victims and witnesses, particularly for crimes involving sexual or gender violence or violence against children.
- Courts may conduct proceedings in camera or allow presentation of evidence by electronic means to protect victims, witnesses, or the accused.
- Victims' views and concerns may be presented and considered at appropriate stages.
- Prosecution may withhold evidence or information that may endanger security of witnesses or their families.

Reparations to Victims (Section 14):
- Courts shall follow principles of reparations to victims, including restitution, compensation, and rehabilitation.
- Courts may order convicted persons to provide appropriate reparations to victims.
- Representations from convicted persons, victims, or other interested parties shall be considered before ordering reparations.

Applicability of International Law and Other Laws (Sections 15-16):
- Courts shall be guided by relevant international treaties, customary international law, judicial decisions, human rights instruments, and teachings of qualified publicists in interpreting and applying the Act. (Section 15)
- The Revised Penal Code and other general or special laws shall have suppletory application. (Section 16)

Jurisdiction (Sections 17-18):
- The Philippines shall exercise jurisdiction over crimes under the Act if the accused is a Filipino citizen, present in the Philippines, or committed the crime against a Filipino citizen. (Section 17)
- Authorities may dispense with investigation or prosecution if another court or international tribunal is already conducting proceedings, and may surrender or extradite suspects.
- Regional Trial Courts shall have original and exclusive jurisdiction over crimes under the Act, with appeals to the Court of Appeals and Supreme Court. (Section 18)
- The Supreme Court shall designate special courts, and concerned agencies shall designate prosecutors and investigators for these cases.
- Judges, prosecutors, and investigators shall receive effective training in human rights, international humanitarian law, and international criminal law.

Final Provisions (Sections 19-21):
- Separability clause: If any part is held unconstitutional or invalid, other parts shall remain in force. (Section 19)
- Repealing clause: Inconsistent laws, decrees, orders, and regulations are repealed or modified. (Section 20)
- Effectivity: The Act shall take effect 15 days after publication in the Official Gazette or two newspapers of general circulation. (Section 21)