Primer on International Humanitarian Law (IHL) and the Rules of Engagement (ROE)
International Humanitarian Law (IHL) and the Rules of Engagement (ROE) are crucial in governing conduct during armed conflicts, even within domestic frameworks like that of the Philippines. Here’s an overview that covers both concepts in the Philippine context:
1. International Humanitarian Law (IHL)
IHL, also known as the law of armed conflict, aims to protect individuals who are not participating in hostilities (e.g., civilians, medical personnel) and to restrict the means and methods of warfare. Key principles include distinction, proportionality, and necessity.
Key Instruments:
- Geneva Conventions (1949) and Additional Protocols: The Philippines ratified these in 1952 and 2012, respectively. They outline protections for civilians, prisoners of war, and the wounded.
- Philippine Domestic Laws: Republic Act №9851, also known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity,” passed in 2009, incorporates IHL principles into domestic law and mandates penalties for IHL violations.
Basic Principles of IHL:
- Distinction: Differentiates between combatants and civilians, prohibiting intentional targeting of non-combatants.
- Proportionality: Ensures that the military advantage gained by an attack outweighs harm to civilians and civilian property.
- Military Necessity: Limits actions to those necessary to achieve a legitimate military objective.
- Humanity: Prohibits unnecessary suffering, targeting particularly vulnerable individuals and groups.
2. Rules of Engagement (ROE)
Rules of Engagement are directives that define the circumstances and limitations under which military forces can initiate combat operations. ROE ensure compliance with IHL and aim to balance operational effectiveness with humanitarian concerns.
ROE in the Philippines:
The Armed Forces of the Philippines (AFP) follows a code that aligns with IHL and restricts engagement to legally permissible targets, avoiding harm to civilians and adhering to the principles of proportionality and distinction. The ROE framework adapts to specific operations and often includes provisions such as:
- Only using force as a last resort.
- Prohibition on targeting religious sites, hospitals, and schools.
- Strict guidelines on the use of firearms, especially in urban settings to minimize civilian casualties.
The 1997 Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law between the Philippine government and the National Democratic Front of the Philippines (NDFP) also serves as a guide, stipulating human rights protections for civilians and combatants.
Philippine Case Studies and Key Resources
- Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (RA 9851): This law lays out the specific responsibilities and penalties for IHL violations within Philippine jurisdiction.
- 1997 Comprehensive Agreement: Sets parameters for respecting IHL and human rights in conflict between the government and the NDFP.
- International Committee of the Red Cross (ICRC) in the Philippines: Provides resources, training, and monitoring to ensure IHL compliance within the AFP and other Philippine forces.
References
- Geneva Conventions and Additional Protocols (Available from ICRC: icrc.org)
- Republic Act №9851: Full text at the Official Gazette of the Philippines: officialgazette.gov.ph
- Armed Forces of the Philippines ROE Guidelines: Department of National Defense and AFP official documentation.
- Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (1997): Peace Accords Matrix, University of Notre Dame peaceaccords.nd.edu.
This primer offers a framework that reflects Philippine obligations under IHL and the practical guidelines of ROE in conflict situations. These resources provide further details and are foundational for understanding and applying IHL in the Philippines.
