HUMAN RIGHTS EDUCATION

Module 1
Chapter 1

A. VISION AND MISSION OF THE UNIVERSITY

VISION
“A leading research university in the ASEAN region.”

MISSION
Isabela State University is committed to develop globally competitive human,
technological resources and services through quality instruction, innovative research,
responsive community engagement and viable resource management programs for
inclusive growth and sustainable development.

B. QUALITY POLICY

QUALITY POLICY
The Isabela State University endeavors to be a lead university in instruction, research,
extension, and resource generation through continual improvement of services.

C. INSTITUTIONAL OUTCOMES AND GOALS OF THE COLLEGE

INSTITUTIONAL OUTCOMES
ISU Expected Graduate Attributes

 Communicator (Cm)
o Recognizes and values communication as a tool for conveying and
interacting with others and fostering their own learning.

 Inquiry-focused and Knowledgeable (IFK)

o Creates new knowledge and understanding through the process of research
and inquiry.
o Demonstrates comprehensive theoretical and technical concepts related to
their field of specialization with relevant connections to industry,
professional, and regional knowledge.

 Competitive (Cp)
o Initiates and innovates better ways of doing things.
o Promotes quality and productivity.
  Collaborative and Effective Leader (CEL)
o Works in collaboration with others and manages group functioning to meet
common goal.

 Lifelong Learner (LL)

o Acquires new skills and adapts to rapid changes in professional and personal
environment.
GOALS OF THE COLLEGE
In line with the Isabela State University’s vision and mission, the College of
Criminal Justice Education is task to:
1. Provision of broad general education in the College of Criminal Justice that is
geared towards the integral development of the human being.

2. Strengthening of the program of instruction that is designed to enhance

creativeness and competitiveness towards the upliftment of the quality of life;

3. Development of students’ capabilities necessary to nurture this leadership

potential for his role in environmental protection and reservation.

4. To provide opportunities for the individual to think creatively and productively.

5. To develop critical and analytical mind in search of the truth, the good and the
beautiful.

6. To stimulate development of the individuals’ ideas, attitudes, and habits

desirable for the improvement of the quality of his family, community and
country.

D. COURSE OVERVIEW

This course describes the role of theory in crime scholarship. It surveys the major
schools of thought related to crime causation (biological, psychological and sociological)
and particular theories in crime and delinquency, places these theories in its historical
context and reviews the primary assumptions of the theories and conclusions reached
from criminology research.

E. UNIVERSITY POLICY
1) Observance of Health Protocols
 a. Everybody who is entering the campus and classroom premises is
required to wear a face mask – NO FACE MASK, NO ENTRY POLICY
b. Observe at all times, in all places and in all transactions, social / physical
distancing of at least 1 meter apart as advocated by the Department of
Health.
c. Crowd gathering of more than five (5) persons is restricted.

2) Uniform and Dress code

a. Students should be in proper uniform, wear should ID and appropriate
shoes except during laboratory class.
b. On Wednesday, hip-hop dresses and get-ups are not allowed, e.g. shorts,
slippers, spaghetti strap, earrings for males, etc.
c. PE uniforms should be worn only during PE class.

3) Taking Examination
a. Cheating and copying are strictly prohibited. When caught during quizzes
and long/units exams, deduction of points will be imposed by the teacher
and during midterm or final exam. Means a grade of 5.0 in the subject.
b. Borrowing of calculators and other exam paraphernalia is not allowed
during exam.
c. During prelim, midterm, and final exam, only test papers answer sheets,
permits, calculators, pens, pencils and erasers are allowed on the desk;
other things should be deposited on a place designated by the teacher.
d. Other policies will be imposed as deemed necessary and as agreed upon
between the students and the subject professor.

4) Other Policies
a. Cellphone should be shut-off or in silent mode during class hours.
b. Chairs should be arranged before leaving the classroom.
c. Vandalism is strictly prohibited and punishable.
d. No Smoking within the school premises.
e. Students under the influence of liquor are not allowed inside the school
compound.
f. Any form of deadly weapons should not be brought to school except
cleaning/cutting tolls during cleanup days and laboratory classes.
g. Unnecessary noise to the point of creating disturbances is prohibited.
h. Proper grooming should be observed at all times, e.g. short and undyed
hair for males.
i. Other policies will be strictly imposed as contained in the student manual

HUMAN RIGHTS EDUCATION

Module 2
 Chapter 2
A Concise History of Human rights
Introduction

Human Rights are not a recent invention-ideas about rights and responsibilities have been
an important part of all societies throughout history. Since the end of War II, there has been a
united effort by the nations of the world to decide what rights belong to all people and how they
can best be promoted and protected.

Learning Outcome

At the end of the topic, the students will be able to:

1. Define what is human behavior

2. Discuss spread of universal human rights

3. Identify and explain the magna carta and the petition of rights

4. Discuss the declaration of the Philippine independence

5. Innumerate the Philippine Constitution Bill of Rights

Learning Content

 Human Rights Definitions

 The Spread of Universal Human Rights
 The Magna Carta
 Petition of Rights
 Philippines Declaration of Independence
 The Philippine Constitution(Bill of Rights)

HUMAN RIGHTS DEFINITION

Human rights may be defined as the “supreme, inherent and inalienable rights to life, to dignity,
and to self-development. It is the essence of the rights that makes man Human. Human rights are
fundamental freedoms which are necessary and indispensable in order to enable every member
of the human race to live a life in dignity.
What are Human Rights?
It is a difficult thing to stand up for what you believe in.
Human Rights defined as those basic standards without which people cannot live in dignity as
human beings.
HR is the foundation of freedom, justice and peace.
The basis of HR, such as respect for human life and human dignity can be found in most
religions and philosophies.
Human rights are the basic rights and freedoms that belong to every person in the world, from
birth until death.
They apply regardless of where you are from, what you believe or how you choose to live your
life.
They can never be taken away, although they can sometimes be restricted – for example if a
person breaks the law, or in the interests of national security.
These basic rights are based on shared values like dignity, fairness, equality, respect and
independence.
These values are defined and protected by law.
Human rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. Human rights include the right to life and
liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work
and education, and many more. Everyone is entitled to these rights, without discrimination.
Confucian: do not do unto others what you would not have them do unto you.
Islam advocates: no one of you is a believer, until he desires for his brother, that which he
desires for himself.
Christianity teachers: in everything, do to others just what you want them to do for you.

HUMAN RIGHTS are birthright

Those rights which are inherent in our nature and without which we cannot live as human beings.
HR abuses are causes of conflict− (HR abuses escalates conflict)
The roots of inherent conflict is due to the denial of human rights
Understanding human Rights
UN definitions: those rights which are inherent in our nature and without which, we cannot live
as human beings.
CHR definition: those rights that are supreme, inherent &inalienable rights to life, dignity and to
self-development.
It is the essence of those rights that makes man human,
HR refers to those individual rights 7 fundamental freedoms that pertain to the human person by
reason of his humanity, whether they are civil & political (CPR); and economic, social & cultural
rights (ESCR)

A Concise History of Human Rights

Cyrus the Great, the first king of Persia, freed the slaves of Babylon, 539 B.C.
In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered the city of
Babylon. But it was his next actions that marked a major advance for Man. He freed the slaves,
declared that all people had the right to choose their own religion, and established racial equality.
These and other decrees were recorded on a baked-day cylinder in the Akkadian language with
cuneiform script.
Known today as Cyrus Cylinder, the ancient record has now been recognized as the world’s first
charter of human rights. It is translated into all six official languages of the United Nations() and
its provisions parallel the first four Articles of the Universal Declaration of human Rights.
The Spread of Human Rights
From Babylon, the idea of human rights spread quickly to India, Greece and eventually Rome.
There the concept of “natural law” arose, in observation of the fact that people tended to follow
certain unwritten laws in the course of life, and Roma law was based on rational ideas derived
from the nature things.
Documents asserting individual rights, such as the Magna Carta(1215), the Petition of
Right(1628), the US Constitution (1787), The French Declaration of Rights of Man and the
Citizen(1789), and the US Bill of Rights(1791) are the written precursors to many of today’s
human rights documents.

The Magna Carta

Magna Carta or Great Charter signed by the King of England in 1215, was a turning point in
human rights.
The Magna Carta or Great Charter, was arguably the most significant early influence on
the extensive historical process that led to the rule of constitutional law today in the English-
speaking world.
In 1215, after King John of England violated a number of ancient laws and customs by
which England had been governed, his subjects forced him to sign the Magna Carta, which
enumerate what later came to be thought of as human rights. Among them was the right of the
church to be free from governmental interference, the rights of all free citizens to own and inherit
property and to be protected from excessive taxes. It established the right of widows who owned
property to choose not to remarry, and established principles of due process and equality before
the law. It also contained provisions forbidding bribery and official misconduct.
Widely viewed as one of the most important legal documents in the development of
modern democracy, the Magna Carta was a crucial turning point in the struggle to establish
freedom.
The Petetion of Rights
In 1628, the English Parliament sent this statement of civil liberties to King Charles I.
The next recorded milestone in the development of human rights was the Petition of
Right, produced in 1628 by the English Parliament and sent to Charles I as a statement of civil
liberties. Refusal by Parliament to finance the King’s unpopular foreign policy had caused his
government to exact forced loans and to quarter troops in subjects’ houses as an economy
measure. Arbitrary arrest and imprisonment for opposing these policies had produced in
parliament a violent hostility to Charles and to George Viliers, the Duke of Buckingham. The
Petition of Right, initiated by Sir Edward Coke, was based upon earlier statutes and charters and
asserted four principles (1) No taxes may be levied without consent of Parliament (2) No subject
may be imprisoned without cause shown (reaffirmation of the right of habeas corpus) (3) No
soldiers may be quartered upon the citizenry, and (4) Martial Law may not be used at time of
peace.
Philippines Declaration of Independence
During the Spanish-American War , Filipino rebels led by Emilio Aguinaldo
proclaim the independence of the Philippines after 300 years of Spanish rule. By mid-
August, Filipino rebels and U.S. troops had ousted the Spanish, but Aguinaldo’s hopes
for independence were dashed when the United States formally annexed the
Philippines as part of its peace treaty with Spain.
The Philippines, a large island archipelago situated off Southeast Asia, was colonized
by the Spanish in the latter part of the 16th century. Opposition to Spanish rule began
among Filipino priests, who resented Spanish domination of the Roman Catholic
churches in the islands. In the late 19th century, Filipino intellectuals and the middle
class began calling for independence. In 1892, the Katipunan, a secret revolutionary
society, was formed in Manila, the Philippine capital on the island of Luzon.
Membership grew dramatically, and in August 1896 the Spanish uncovered the
Katipunan’s plans for rebellion, forcing premature action from the rebels. Revolts
broke out across Luzon, and in March 1897, 28-year-old Emilio Aguinaldo became
leader of the rebellion.
By late 1897, the revolutionaries had been driven into the hills southeast of Manila,
and Aguinaldo negotiated an agreement with the Spanish. In exchange for financial
compensation and a promise of reform in the Philippines, Aguinaldo and his generals
would accept exile in Hong Kong. The rebel leaders departed, and the Philippine
Revolution temporarily was at an end.
In April 1898, the Spanish-American War broke out over Spain’s brutal suppression of
a rebellion in Cuba. The first in a series of decisive U.S. victories occurred on May 1,
1898, when the U.S. Asiatic Squadron under Commodore George Dewey annihilated
the Spanish Pacific fleet at the Battle of Manila Bay in the Philippines. From his exile,
Aguinaldo made arrangements with U.S. authorities to return to the Philippines and
assist the United States in the war against Spain. He landed on May 19, rallied his
revolutionaries, and began liberating towns south of Manila. On June 12, he
proclaimed Philippine independence and established a provincial government, of
which he subsequently became head.
His rebels, meanwhile, had encircled the Spanish in Manila and, with the support of
Dewey’s squadron in Manila Bay, would surely have conquered the Spanish. Dewey,
however, was waiting for U.S. ground troops, which began landing in July and took
over the Filipino positions surrounding Manila. On August 8, the Spanish commander
informed the United States that he would surrender the city under two conditions: The
United States was to make the advance into the capital look like a battle, and under no
conditions were the Filipino rebels to be allowed into the city. On August 13, the
mock Battle of Manila was staged, and the Americans kept their promise to keep the
Filipinos out after the city passed into their hands.
While the Americans occupied Manila and planned peace negotiations with Spain,
Aguinaldo convened a revolutionary assembly, the Malolos, in September. They drew
up a democratic constitution, the first ever in Asia, and a government was formed with
Aguinaldo as president in January 1899. On February 4, what became known as the
Philippine Insurrection began when Filipino rebels and U.S. troops skirmished inside
American lines in Manila. Two days later, the U.S. Senate voted by one vote to ratify
the Treaty of Paris with Spain. The Philippines were now a U.S. territory, acquired in
exchange for $20 million in compensation to the Spanish.
In response, Aguinaldo formally launched a new revolt–this time against the United
States. The rebels, consistently defeated in the open field, turned to guerrilla warfare,
and the U.S. Congress authorized the deployment of 60,000 troops to subdue them. By
the end of 1899, there were 65,000 U.S. troops in the Philippines, but the war dragged
on. Many anti-imperialists in the United States, such as Democratic presidential
candidate William Jennings Bryan , opposed U.S. annexation of the Philippines, but in
November 1900 Republican incumbent William McKinley was reelected, and the war
continued.
On March 23, 1901, in a daring operation, U.S. General Frederick Funston and a
group of officers, pretending to be prisoners, surprised Aguinaldo in his stronghold in
the Luzon village of Palanan and captured the rebel leader. Aguinaldo took an oath of
allegiance to the United States and called for an end to the rebellion, but many of his
followers fought on. During the next year, U.S. forces gradually pacified the
Philippines. In an infamous episode, U.S. forces on the island of Samar retaliated
against the massacre of a U.S. garrison by killing all men on the island above the age
of 10. Many women and young children were also butchered. General Jacob Smith,
who directed the atrocities, was court-martialed and forced to retire for turning Samar,
in his words, into a “howling wilderness.”
In 1902, an American civil government took over administration of the Philippines,
and the three-year Philippine insurrection was declared to be at an end. Scattered
resistance, however, persisted for several years.
More than 4,000 Americans perished suppressing the Philippines–more than 10 times
the number killed in the Spanish-American War. More than 20,000 Filipino insurgents
were killed, and an unknown number of civilians perished.
In 1935, the Commonwealth of the Philippines was established with U.S. approval,
and Manuel Quezon was elected the country’s first president. On July 4, 1946, full
independence was granted to the Republic of the Philippines by the United States.

The Philippine Constitution (Bill of Rights)

Section 1. No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble and petition the government for redress of
grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be
provided by law.

Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of
law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enact

HUMAN RIGHTS EDUCATION

Module 3

Chapter 2
The Human Rights Commission

Introduction

Human dignity plays a special part of the provision of our preamble in the 1987
Constitution. The States values the dignity of every human person and guaranteed full respect
of human rights,

The Congress shall give highest priority to the enactment of measures that protect and enhance
the right of all people to human dignity, reduce social, economic and political inequalities, and
remove cultural inequalities by equitably diffusing wealth and political power of the common
good (Sec. 11, Art, II , Philippine constitution)

Learning Outcome

At the end of the topic, the students will be able to:

1. Identify the classifications of human rights

2. Innumerate the sources of human rights
3. Discuss the Universal Declaration of Human Rights

Learning Content

 Creation of the Commission on Human Rights

 Classification of Human Rights
 Sources of Human Rights
  Universal Declaration of Human Rights

Creation of the Commission on Human Rights

The CHR was created as a response to the atrocities committed during Martial Law. When the
1987 Philippine Constitution was drafted, Article XIII on Social Justice and Human Rights
clearly defined the creation of the Commission.
“There is hereby created an independent office called The Commission on Human Rights...
(to) investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights ...”
(Sec. 17-18, Art. XIII, Philippine Constitution)
“I, Corazon C. Aquino, President of the Philippines... do hereby (declare) the Commission on
Human Rights as provided under Article XIII of the 1987 Constitution to be now in existence...”
(Executive Order No. 163)
The 1987 Philippine Constitution primarily gave CHR the mandate to protect and promote the
rights and dignity of every human being in the country. The State values the dignity of every
human person and guarantees full respect for human rights.
(Sec. 11, Art. II, Philippine Constitution)
The Congress shall give highest priority to the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce social, economic and political inequalities,
and remove cultural inequalities by equitably diffusing wealth and political power for the
common good.
(Sec. 1, Art. XIII, Philippine Constitution)

Classification of Human Rights

According to source
1. Natural or moral rights- God given rights, acknowledge morally good
2. Legal rights
a. Constitutional rights- guaranteed in bill of rights of the constitution
b. Statutory rights- rights promulgated by legislative body
According to aspects of life
Civil rights- rights the law will enforce at instance of private individuals for purpose of securing
in them the enjoyment of happiness. Civil rights guarantee people from abuses of State agents in
the exercise of the state’s 3 inherent powers: police power, eminent domain and power of
taxation.
Political rights – are those rights which enable us to participate in running the affairs of the
government either directly or indirectly.
Economic, Social &Culture Rights- rights of people to self-determination. To pursue
economic, social and cultural development & financial security. Ensure a life of dignity. Called
positive rights−State expected to take effective measures to fulfill them. Referred as
programmable rights− depends upon resources and political will of the state.
According to derogability
Non-Derogable or Absolute Rights- rights that cannot be suspended nor taken away nor
restricted or limited even in extreme emergency and even if government invoke national security.
Note: Hand in Hand with HR, which individuals must enjoy is the right of the State to national
Security. Thus some individual rights are not absolute or are derogable.
Derogable or Relative Rights- maybe suspended or limited depending on circumstances−for
preservation of social life.
State obligation of human rights:
Obligation to RESPECT: requires in the State and all organs & agents- to abstain from doing
anything that violates the integrity of individual or fringes on his/her freedom,
Obligation to PROTECT: Requires the State & its agents- the measures necessary prevent other
individuals or groups from violating the integrity, freedom of action. Or the HR of the
individuals.
Obligation to FULFILL: requires the State- to take measures to ensure for each person within its
jurisdiction opportunities- to obtain satisfaction of those needs, recognized in the human rights
instrument, which cannot be secured by personal efforts.
A right is an entitlement (claim)
Such rights maybe violent but they can never be taken away.
HR are legal rights- therefore HR are part of Philippines laws.
Basic rule: Law & Order and Peace & Security are matters of AFP responsibility.
Existence of Rule of law and Respect for Rule of Law
 implies where rights, freedom, obligation and duties are laid down in the law for all
people in all equality, and,
 with the guarantee that people will be treated equally in similar circumstances.
Human Rights Enforcement means : ‘responsive’, ‘representative’ and ‘accountable’.
Tasks and duties of military and security forces:
a. Maintenance of public order ( internal security operations) and national security
( external threats)
b. Aid & assistance in emergency of all kinds
Questions of legality. Necessity and proportionality using military power or authority:
1. Does the power or authority used in particular citation have its basis in national law?
2. Is the exercise of that particular power or authority strictly necessary given the
circumstances of the respective situation?
3. Is the power or authority used in proportion to the seriousness of the offence & the
legitimate military objective to be achieved?
What are the basic principles of Human rights?
Human rights are inherent. Human rights are birth rights. They belong to the individual person
for reason that he or she is a human being. Fundamental: Without human rights, a person’s life
and dignity would be worthless and meaningless.
Human rights are imprescriptible. Human rights are not lost by mere passage of time. Human
rights do not prescribe even if a person fails to use or was prevented from asserting them. Human
rights are indivisible, interrelated.
The indivisibility of human rights is a manifestation that a person cannot be denied or deprived
of his or her human rights. Human rights are not piece meal rights and freedoms, hence, not
capable of being divided.
Human rights are universal. Human rights are endowed every human being from the moment
of birth, without distinction or irrespective of origin, sex, race, creed, political color, status or
condition in life.
Human rights are interdependent. The fulfillment, enjoyment or exercise of particular right
cannot be attained without the realization of the other rights.
Principle of equality. Even the law of nature made manifest this basic principle by the fact that
all human beings, male or female, are born naked & helpless

SOURCE OF HUMAN RIGHTS

International Bill of Human Rights:
1. Universal declaration of human Rights (UDHR)
2. International covenant on Civil and Political Rights ( ICCPR)
3. International Covenant on Economic, Social and Cultural Rights( ICESCR)
Subsequent International HR Documents:
1. International Covenant on the elimination of all forms of Racial Discrimination (ICERD)
2. Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
3. Convention of the Rights of the Child (CRC)
4. Convention Against Torture and Other Cruel, Inhuman or degrading Treatment of
punishment (CAT)
Relevant HR Provision of the 1987 Constitution:
1. Bill of Rights – Art. III, Section 1-22
2. Declaration of Principles and State Policies – Art. II, Sections 1-5, and 7, 9, 23.
3. Social justice and Human Rights –Art. XIII. Sections 17-18

According to Aspects of Life

1. Civil Rights –Right to Name, Right to a Nationality, Right to marry and to found a
family, Rights to Liberty & Security of person.
2. Political Rights –Right to vote, Right to initiative and referendum, right to information on
matters of public concern.
3. Economic and Social rights –Right to work, Right to Social Security, Right to Education.
According to Struggle & Recognition
1. First Generation Rights –Civil & political rights
2. Second Generation Rights - Economic, Social and Cultural rights
3. Third generation Rights – Right to Development
Three Conditions to Justify the Suspension/ limitation of Human Rights
It is provided for by law which is made known to every citizen. There is a state of emergency
which necessitates the urgent preservation of the public goods, public safety and public morals
and it does not exceed what is strictly necessary to achieve its purpose.
 Universal Declaration of Human Rights

The Universal
Declaration of Human Rights (UDHR) is a milestone document in the history of human rights.
Drafted by representatives with different legal and cultural backgrounds from all regions of the
world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10
December 1948 by General Assembly resolution 217 A (III) as a common standard of
achievements for all peoples and all nations. It sets out, for the first time, fundamental human
rights to be universally protected. Since its adoption in 1948, the UDHR has been translated into
more than 500 languages - the most translated document in the world - and has inspired the
constitutions of many newly independent States and many new democracies. The UDHR,
together with the International Covenant on Civil and Political Rights and its two Optional
Protocols (on the complaints procedure and on the death penalty) and the International Covenant
on Economic, Social and Cultural Rights and its Optional Protocol, form the so-
called International Bill of Human Rights.

Economic, social and cultural rights

The International Covenant on Economic, Social and Cultural Rights entered into force in 1976.
The human rights that the Covenant seeks to promote and protect include:

 the right to work in just and favourable conditions;

 the right to social protection, to an adequate standard of living and to the highest attainable
standards of physical and mental well-being;
 the right to education and the enjoyment of benefits of cultural freedom and scientific
progress.
Civil and political rights
The International Covenant on Civil and Political Rights and its First Optional Protocol entered
into force in 1976. The Second Optional Protocol was adopted in 1989.

The Covenant deals with such rights as freedom of movement; equality before the law; the right
to a fair trial and presumption of innocence; freedom of thought, conscience and religion;
freedom of opinion and expression; peaceful assembly; freedom of association; participation in
public affairs and elections; and protection of minority rights. It prohibits arbitrary deprivation of
life; torture, cruel or degrading treatment or punishment; slavery and forced labour; arbitrary
arrest or detention; arbitrary interference with privacy; war propaganda; discrimination; and
advocacy of racial or religious hatred.

Human Rights Conventions

A series of international human rights treaties and other instruments adopted since 1945 have
expanded the body of international human rights law. They include the Convention on the
Prevention and Punishment of the Crime of Genocide (1948), the International Convention on
the Elimination of All Forms of Racial Discrimination (1965), the Convention on the Elimination
of All Forms of Discrimination against Women (1979), the Convention on the Rights of the
Child (1989) and the Convention on the Rights of Persons with Disabilities (2006), among
others.

Human Rights Council

The Human Rights Council, established on 15 March 2006 by the General Assembly and
reporting directly to it, replaced the 60-year-old UN Commission on Human Rights as the key
UN intergovernmental body responsible for human rights. The Council is made up of 47 State
representatives and is tasked with strengthening the promotion and protection of human rights
around the globe by addressing situations of human rights violations and making
recommendations on them, including responding to human rights emergencies.

The most innovative feature of the Human Rights Council is the Universal Periodic Review. This
unique mechanism involves a review of the human rights records of all 192 UN member states
once every four years. The Review is a cooperative, state-driven process, under the auspices of
the Council, which provides the opportunity for each state to present measures taken and
challenges to be met to improve the human rights situation in their country and to meet their
international obligations. The Review is designed to ensure universality and equality of treatment
for every country.
 -

HUMAN RIGHTS EDUCATION

Module 4

Chapter 4
Foundation of Human Rights Principles and Classifications
Introduction

Policing is at the heart of a broad spectrum of human rights discourses. This has been
apparent for many of those working on civil and political rights who have generally targeted
police as human rights violators. However, policing also has a direct relevance to economic,
social and cultural rights. Police can and should pay an important role in ensuring the safe
enrichment on which individuals can seek realize their full range of rights- be they social and
economic or civil and political.

Learning Outcome

At the end of the topic, the students will be able to

1. Identify the foundations of Human Rights

2. Enumerate the International Human Rights Standards
3. Identify the root causes of Human Rights Violations
4. Discuss the Rights-Based Policing
5. Identify and discuss the common causes why police officers and military
officer commit human rights violation.

Learning Content
 o Foundations of Human Rights
 PNP Vision
 PNP Core Values
 PNP Motto
 PNP Mission
o Ten(10) International Human Rights Standards for Law Enforcement
o What is Right-Based Policing.
o Gross Human Rights Violations
 Police/Military May commit Human Rights Violations
 Common Causes for Popular Dissatisfaction
o Police Station Checklist on Human Rights-Based Policing
 Human Rights Desk Basic Operational Procedures
 Fundamental Principles of International Humanitarian Law
 Implementation of International Humanitarian Law

A. FOUNDATIONS OF HUMAN RIGHTS

PNP Vision
Imploring the aid of the Almighty by year 2030, we shall be a highly capable, effective and
credible police service working in partnership with responsible community towards attainment of
a safer place to live work and do business.

PNP Core Values

Service, Honor and Justice

PNP Motto

We Serve and Protect

PNP Mission

To enforce the law, top prevent and control crime, to maintain peace and order and to ensure
public safety and internal security with the active support of the community.

B. TEN INTERNATIONAL HUMAN RIGHTS STANDARDS FOR LAW

ENFORCEMENT

Basic Standard 1: Everyone is entitled to equal protection of the law, without discrimination on
any grounds, and especially against violence or threat. Be especially vigilant to protect
 potentially vulnerable groups such as children, the elderly, women, refugees, displaced persons
and members of minority groups.

For the implementation of Basic Standard 1 it is of great importance that police officers at all
times fulfil the duty imposed on them by law, by serving the community and protecting all
persons against illegal acts, consistent with the high degree of responsibility required by their
profession. They must promote and protect human dignity and maintain and uphold the human
rights of all persons, among which are the following:
Everyone has the right to liberty and security of the person
No one should be subjected to arbitrary arrest, detention or exile
All persons deprived of their liberty have the right not to suffer torture or cruel,
inhuman or degrading treatment
Everyone is entitled without any discrimination to equal protection of the law
Everyone has the right to a fair trial
Everyone has the right to freedom of movement
Everyone has the right to peaceful assembly
Everyone has the right to freedom of expression

Basic Standard 2: Treat all victims of crime with compassion and respect, and in particular
protect their safety and privacy.

Victims are people who have suffered harm, including mental and physical injury, emotional
suffering, economic loss or substantial impairment of their fundamental rights through acts or
omissions that are in violation of criminal law.

For the implementation of Basic Standard 2, police officers must:

Ensure that, if needed, measures are taken to ensure the protection and safety of
victims from intimidation and retaliation
Inform victims without delay of the availability of health and social services and
other relevant assistance
Provide without delay specialist care for women who have suffered violence
Develop investigative techniques that do not further degrade women who have
been victims of violence.
Give particular attention to victims who have special needs because of the nature
of the harm inflicted on them or because of factors such as race, colour, gender,
sexual orientation, age, language, religion, nationality, political or other opinion,
disability, ethnic or social origin, etc.

Basic Standard 3: Do not use force except when strictly necessary and to the minimum extent
required under the circumstances

The implementation of Basic Standard 3 involves, among other things, that Police officers, in
carrying out their duty, should apply non-violent means as far as possible before resorting to the
use of force. They may use force only if other means remain ineffective or without any promise
of achieving the necessary result. Basic Standard 3 must be implemented in accordance with
Basic Standard 4 and 5.
Whenever the lawful use of force is unavoidable, police officers must:

Exercise restraint in such use and act in proportion to the seriousness of the
offence and the legitimate objective to be achieved
Minimize damage and injury, and respect and preserve human life
Ensure that all possible assistance and medical aid are rendered to any injured or
affected persons at the earliest possible moment
Ensure that relatives or close friends of the injured or affected person are notified
at the earliest possible moment
Where injury or death is caused by the use of force by police officers, they shall
report the incident promptly to their superiors, who should ensure that proper
investigations of all such incidents are carried out.

Basic Standard 4: Avoid using force when policing unlawful but on-violent assemblies. When
dispersing violent assemblies, use force only to the minimum extent necessary.

Everyone is allowed to participate in peaceful assemblies, whether political or non-political,

subject only to very limited restrictions imposed in conformity with the law and which are
necessary in a democratic society to protect such interests as public order and public health. The
police must not interfere with lawful and peaceful assemblies, otherwise than for the protection
of persons participating in such an assembly or others.

The implementation of Basic Standard 4 involves, among other things:

In the policing of assemblies that are unlawful but non-violent, police officers
must avoid the use of force. If force is indispensable, for example to secure the
safety of others, they must restrict such force to the minimum extent necessary
and in compliance with the other provisions in Basic Standard 3
Firearms shall not be used in the policing of non-violent assemblies. The use of
firearms is strictly limited to the objectives mentioned in Basic Standard 5
In the dispersal of violent assemblies police officers may use force only if other
means remain ineffective or without any promise of achieving the intended result.
When using force police officers must comply with the provisions in Basic
Standard 3
In the dispersal of violent assemblies police officers may use firearms only when
less dangerous means are not practicable and only to the minimum extent
necessary to achieve one of the objectives mentioned in Basic Standard 5 and in
accordance with the provisions in Basic Standard 3 and Basic Standard 5.

Basic Standard 5: Lethal force should not be used except when strictly unavoidable in order to
protect your life or the lives of others

The use of firearms is an extreme measure which must be strictly regulated, because of the risk
of death or serious injury involved.
The implementation of Basic Standard 5 requires, among other things, that police officers must
not use firearms except for the following objectives and only when less extreme means are
insufficient to achieve these objectives:
In self-defence or in defence of others against the imminent threat of death or
serious injury
To prevent the perpetration of a particularly serious crime involving grave threat
to life
To arrest a person presenting such a danger and resisting the police officer's
authority, or to prevent his or her escape In any event, intentional lethal use of
firearms may only be made when strictly unavoidable in order to protect life.
Police officers must identify themselves as such and give a clear warning of their
intent to use firearms, with sufficient time for the warning to be observed, unless
to do so would unduly place the officers at risk or would create a risk of death or
serious harm to other persons, or would be clearly inappropriate or pointless in the
circumstances of the incident Rules and regulations on the use of firearms by
police officers must include guidelines that:
Specify the circumstances under which police officers are authorized to carry
firearms and prescribe the types of firearms and ammunition permitted Ensure
that firearms are used only in appropriate circumstances and in a manner likely to
decrease the risk of unnecessary harm
Prohibit the use of any firearms or ammunition that cause unnecessary injury or
present an unnecessary risk
Regulate the control, storage and issuing of firearms and ammunition, including
procedures for ensuring that police officers are accountable for firearms and
ammunition issued to them
Provide for warnings to be given, if appropriate, when firearms are to be
discharged
Provide for a system of reporting and investigation whenever police officers use
firearms in the performance of their duty.

Basic Standard 6: Arrest no person unless there are legal grounds to do so, and the arrest is
carried out in accordance with lawful arrest procedures

To make sure that an arrest is lawful and not arbitrary, it is important that the reasons for the
arrest and the powers and identity of arresting officers are known. Therefore the implementation
of Basic Standard 6 involves, among other things:

Arrest or detention shall only be carried out strictly in accordance with the provisions of
the law and by competent officials or persons authorized for that purpose
Police or other authorities which arrest a person shall exercise only the powers granted to
them under the law
Anyone arrested must be informed at the time of arrest of the reasons for the arrest
The time of the arrest, the reasons for the arrest, precise information identifying the place
of custody, and the identity of the law enforcement officials concerned must be recorded;
in addition, the records must be communicated to the detained person or to his or her
lawyer
 Officials carrying out an arrest should identify themselves to the person arrested and, on
demand, to others witnessing the event
Police officers and other officials who make arrests should wear name tags or numbers so
that they can be clearly identified. Other identifying markings such as the insignia of
soldiers' battalions or detachments should also be visible
Police and military vehicles should be clearly identified as such. They should carry
number plates at all times.
A person should not be kept in detention without being given an effective opportunity to
be heard promptly by a judicial or other officer authorized by law to exercise judicial
power, and be entitled to a trial within a reasonable time, or to release. It should not be
the general rule that persons awaiting trial are detained in custody, but release may be
subject to guarantees to appear for trial.
All detainees should only be kept in recognised places of detention. Such places of
detention should be visited regularly by qualified and experienced persons appointed by,
and responsible to, a competent authority distinct from the authority directly in charge of
the administration of the place of detention.
The detention of refugees and asylum seekers should normally be avoided. No asylum-
seeker should be detained unless it has been established that detention is necessary, is
lawful and complies with one of the grounds recognized as legitimate by international
standards. In all cases, detention should not last longer than is strictly necessary.
All asylum-seekers should be given adequate opportunity to have their detention
reviewed by a 8 judicial or similar authority. Reference regarding the detention of
refugees and asylum seekers should be made to the competent authorities, as well as to
the office of the United Nations High Commissioner for Refugees (UNHCR) and other
refugee assistance organizations.

Basic Standard 7: Ensure all detainees have access promptly after arrest to their family and
legal representative and to any necessary medical assistance

Experience worldwide has shown that it is often in the first hours or days of detention that
detainees are at greatest risk of being ill-treated, tortured, made to "disappear", or killed.
Unconvicted detainees must be presumed innocent and treated as such. The implementation of
Basic Standard 7 requires, among other things, that:

Detainees should be promptly told of their rights, including the right to lodge complaints
about their treatment.
A detainee who does not understand or speak the language used by the authorities
responsible for his or her arrest is entitled to receive information and have the assistance,
free of charge if necessary, of an interpreter in connection with the legal proceedings
subsequent to his or her arrest.
A detainee who is a foreigner should be promptly informed of his or her right to
communicate with the relevant consular post or diplomatic mission.
All detained refugees and asylum seekers should be allowed access to the local
representative of the UNHCR and to refugee assistance organizations, regardless of why
they are being detained. If a detainee identifies himself / herself as a refugee or an asylum
 seeker, or otherwise indicates their fear at being returned to their country, it is incumbent
on the detaining officials to facilitate contact with these organizations.
Police officers or other competent authorities must ensure that all detainees are fully able
in practice to avail themselves of the right to notify family members or others
immediately of their whereabouts. All detainees should be informed of this right. If they
do not have the financial or technical means to send word to their relatives, the officers
must be ready to communicate the message for them.
Police officers or other competent authorities must ensure that accurate information on
the arrest, place of detention, transfer and release of detainees is available promptly in a
place where relatives and others concerned can obtain it. They must ensure that relatives
are not obstructed from obtaining this information, and that they know or are able to find
out where the information can be obtained. (See also the commentary to Basic Standard
8)
Relatives and others should be able to visit a detainee as soon as possible after he or she
is taken into custody. Relatives and others should be able to correspond with the detainee
and make further visits regularly to verify the detainee’s continued well-being. Every
detainee must be informed promptly after arrest of his or her right to a legal counsel and
be helped by the authorities to exercise this right. Moreover, every detainee must be able
to communicate regularly and confidentially with their lawyer, including having meetings
with their lawyer within sight but not within hearing of a guard or police officer, in order
to help prepare the detainee’s defence and to exercise his or her rights. 9
An independent doctor should promptly conduct a proper medical examination of the
detainee after taken into custody in order to ascertain that the detainee is healthy and not
suffering from torture or ill-treatment, including rape and sexual abuse. Thereafter,
medical care and treatment shall be provided whenever necessary. Every detainee or his
or her legal counsel has the right to request a second medical examination or opinion.
Detainees, even with their consent, must never be subjected to medical or scientific
experimentation which may be detrimental to their health.
Female detainees should be entitled to medical examination by a female doctor. They
should be provided with all necessary pre-natal and post-natal care and treatment.
Restraints should only be used on pregnant women as a last resort and should never put
the safety of a woman or foetus at risk. Women should never be restrained during labour.

Basic Standard 8: All detainees must be treated humanely. Do not inflict, instigate or tolerate
any act of torture or ill-treatment, in any circumstances, and refuse to obey any order to do so.

Detainees are inherently vulnerable because they are under the control of law enforcement
officials who therefore have a duty to protect detainees from any violation of their rights by
strictly observing procedures designed to respect the inherent dignity of the human person.
Accurate record-keeping is an essential element of the proper administration of places of
detention. The existence of official records which are open for consultation helps to protect
detainees from ill-treatment including torture. The implementation of Basic Standard 8 requires,
among other things, that:

No person under any form of detention may be subjected to torture, or to cruel, inhuman
or degrading treatment or punishment, and law enforcement officers have a right and a
duty to disobey orders to carry out such acts. No law enforcement official may inflict,
instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or
punishment, nor may they invoke superior orders or exceptional circumstances such as a
state of war or threat of war, or political instability or other public emergency as a
justification for such acts.
Law enforcement officials should be instructed that rape of women in their custody
constitutes an act of torture that will not be tolerated. Similarly, they should be instructed
that any other forms of sexual abuse may constitute torture or cruel, inhuman or
degrading treatment and that offenders will be brought to justice.
The term “cruel, inhuman or degrading treatment or punishment” should be interpreted so
as to extend the widest possible protection against abuses, whether physical or mental,
including holding a detainee in conditions which deprive him or her, even temporarily, of
the use of any of his or her natural senses, such as sight or hearing, of his or her
awareness of place or passing of time. Compliance with the other basic standards for law
enforcement are also essential safeguards against torture and ill-treatment.
A detainee may not be compelled to confess, to otherwise incriminate himself or herself
or to testify against any other person. While being interrogated, no detainee may be
subject to violent threats or methods which impair his or her capacity of decision or
judgement. Female guards 10 should be present during the interrogation of female
detainees and should be solely responsible for carrying out any body searches of female
detainees.
Children should be detained only as a last resort and for the shortest possible time. They
should be given immediate access to relatives, legal counsel and medical assistance and
relatives or guardians should be informed immediately of their whereabouts. Juvenile
detainees should be kept separate from adults and detained in separate institutions. They
should be protected from torture and ill-treatment, including rape and sexual abuse,
whether by officials or other detainees.
Refugees and asylum seekers detained for non-criminal reasons should never be detained
together with common law prisoners. Conditions and treatment should be humane, and
appropriate to their status as refugees.
Detainees should be kept separate from imprisoned persons and, if requested, be kept
reasonably near their usual place of residence. All detainees should if possible wear their
own clothing if it is clean and suitable, sleep singly in separate rooms, be fed properly
and be allowed to buy or receive books, newspapers, writing materials and other means
of occupation as are compatible with the interests of justice.
Registers of detainees should be kept in all places of detention including police stations
and military bases. The register should consist of a bound book with numbered pages
which cannot be tampered with. Information to be entered in them should include: The
name and identity of each person detained The reasons for his or her arrest or detention
The names and identities of officials who arrested the detainee or transported him The
date and time of the arrest and of the transportation to a place of detention The time,
place and duration of each interrogation and the name of the person or persons
conducting it The time of the detainee's first appearance before a judicial authority
Precise information concerning the place of custody The date, time and circumstances of
the detainee's release or transfer to another place of detention. Other measures that can
contribute to the proper treatment of detainees are:
 Police officers and other competent authorities should allow representatives of the local
or national bar and medical associations, as well as local or national members of
parliament, appropriate international bodies and officials, to visit any police station and
facilities, including detention centres, without restriction for the purpose of inspection.
These bodies and officials must be able to make unannounced visits
These bodies and officials must have access to all parts of each place of detention and all
detainees and be able to interview them freely and without witnesses
These bodies and officials must be able to make return visits whenever they wish These
bodies and officials must be able to make recommendations to the authorities concerning
the treatment of detainees
The treatment of detainees should conform as a minimum to the standards laid down in
the UN Standard Minimum Rules and the Body of Principles.
Basic Standard 9: Do not carry out, order or cover up extrajudicial executions or
“disappearances”, and refuse to obey any order to do so

No one should be arbitrarily or indiscriminately deprived of life. An extrajudicial execution is an

unlawful and deliberate killing carried out by, or on the order of, someone at some level of
government, whether national, state or local, or with their acquiescence

There are several important elements in the concept of an extrajudicial execution:

It is deliberate, not accidental
It violates national laws such as those which prohibit murder, and/or international
standards forbidding the arbitrary deprivation of life.

Its unlawfulness distinguishes an extrajudicial execution from:

A justifiable killing in self-defence
A death resulting from the use of force by law enforcement officials which is
nevertheless consistent with international standards
A killing in an armed conflict situation which is not prohibited by international
humanitarian law

In an armed conflict, even if not an international armed conflict, armed officers and
soldiers of the government, as well as combatants of armed political groups, are prohibited from
carrying out arbitrary and summary executions. These acts would constitute breaches of
Common Article 3 of the Geneva Conventions - (which also prohibits mutilation, torture or
cruel, inhuman or degrading treatment, hostage taking and other gross abuses). The
“disappeared” are people who have been taken into custody by agents of the state, yet whose
whereabouts and fate are concealed. It is a grave violation of human rights to carry out
disappearances.

No order or instruction of any public authority, civilian, military or other, may be

invoked to justify an extrajudicial execution or a “disappearance”. Any person receiving such an
order or instruction has a duty to disobey it.
Basic Standard 10: Report all breaches of these Basic Standards to your senior officer and to the
office of the public prosecutor. Do everything within your power to ensure steps are taken to
investigate these breaches.

All violations of human rights by the police or other law enforcement personnel,
including any breaches of these Basic Standards, should be investigated fully, promptly and
independently, for instance by the office of the public prosecutor. The main objective of these
investigations is to establish the facts and to bring to justice those responsible:
Has a violation of human rights or a breach of principles or of national law
been perpetrated? If so, by whom?
If a public official has committed a crime or breach of regulations, was he
or she acting under orders or with the acquiescence of other officials?
Has the office of the prosecutor opened a criminal investigation and, if
there is sufficient admissible evidence, sought to prosecute?

Amnesty International is a worldwide voluntary activist movement working towards the

observance of all human rights as enshrined in the Universal Declaration of Human Rights and
other international standards.

Amnesty International promotes respect for human rights, which it considers interdependent
and indivisible, through campaigning and public awareness activities, as well as through human
rights education and pushing for ratification and implementation of human rights treaties.

Amnesty International takes action against some of the gravest violations by governments of
people's civil and political rights. The focus of its campaigning against human rights violations is
to:
free all prisoners of conscience. These are people detained for their political,
religious or other conscientiously held beliefs or because of their ethnic origin,
sex, colour, language, national or social origin, economic status, birth or other
status - who have not used or advocated violence;
ensure fair and prompt trials for all political prisoners;
abolish the death penalty, torture and other ill-treatment of prisoners;
end political killings and "disappearances".

10 Basic Human Rights Standards for Good Conduct by Law Enforcement Officials

1. Everyone is entitled to equal protection of the law, without discrimination on any

grounds, and especially against violence or threat. Be especially vigilant to protect
potentially vulnerable groups such as children, the elderly, women, refugees, displaced
persons and members of minority groups.
2. Treat all victims of crime with compassion and respect, and in particular protect their
safety and privacy.
 3. Do not use force except when strictly necessary and to the minimum extent required
under the circumstances.
4. Avoid using force when policing unlawful but non-violent assemblies. When dispersing
violent assemblies, use force only to the minimum extent necessary.
5. Lethal force should not be used except when strictly unavoidable in order to protect your
life or the lives of others.
6. Arrest no person unless there are legal grounds to do so, and the arrest is carried out in
accordance with lawful arrest procedures.
7. Ensure all detainees have access promptly after arrest to their family and legal
representative and to any necessary medical assistance.
8. All detainees must be treated humanely. Do not inflict, instigate or tolerate any act of
torture or ill-treatment, in any circumstances, and refuse to obey any order to do so. 9. Do
not carry out, order or cover up extrajudicial executions or “disappearances”, and refuse
to obey any order to do so.
9. Report all breaches of these Basic Standards to your senior officer and to the office of the
public prosecutor. Do everything within your power to ensure steps are taken to
investigate these breaches.

C. RIGHT –BASED POLICING

WHAT IS HUMAN RIGHTS-BASED POLICING? Human Rights-Based Policing (HRBP) is

the comprehensive, systematic, and institutional compliance with international human rights
standards and practices in the conduct of police or law enforcement functions.

It is also an approach to policing that defines the relationship between individual citizens and
various groups or sectors of society as claim holders whose rights have to be respected and
protected by the police; and the Police as duty holders that have obligations to respect, protect
and fulfill human rights. HRBP also aims to empower claimholders to claim their rights, while
strengthening the capacities of duty-holders to meet their duties and obligations as human rights
protectors.
The PNP has three levels of human rights obligations: to respect, protect and fulfill human rights.
1. To respect human rights means refraining from interfering with the enjoyment of
people’s rights.

2. To protect human rights means to implement laws that provide equal protection to all
persons from human rights violations by state authorities or by non-state actors.
 3. To fulfill human rights refers to the act of establishing institutions and implementing
systems, mechanisms or procedures that enable people to claim and enjoy their rights.

Characteristics of Human Rights-Based Policing

1. Strict Observance of Police Policies and Procedures Human Rights-Based Policing

entails strict observance of police policies and operational procedures.

Most, if not all violations of human rights occur when police officers do not follow
established policies and procedures. Shortcuts, omissions, or blatant disregard for procedures are
unacceptable behavior that violate our national laws, PNP rules and regulations, and generally
accepted socio-cultural norms.

2. Adherence to International Human Rights Standards for Law Enforcement Human

Rights-Based Policing is about adhering to international standards of human rights in law
enforcement.

There are at least ten (10) basic international human rights standards for law enforcement that all
police organizations around the world must strive to attain. By adhering to international
standards, the PNP is able to comply with a uniform set of principles and practices that is
expected from all police officers by the international community. These 10 standards are
discussed in Part III of this guidebook.

3. Professional Competence and Courteous Service Human Rights-Based Policing is

demonstrated through professional competence and courtesy.

In order to prevent human rights violations, the police must only use calibrated force to subdue
suspects. This can only be taught through what is human rights-based policing? 15 realistic
simulation of incidents involving both armed and unarmed suspects; as well as compliant and
resisting persons.

4. Respect for Rule of Law and Civilian Supremacy Human Rights-Based Policing is
anchored on the rule of law and recognition of civilian supremacy.

From the term law enforcement, it is understood that there can be no enforcement apart from the
law. Any act of enforcement (that is, the use of police powers or any manner of application of
force) apart from the law may be considered criminal, or at the very least, an abuse of authority.
Respect for rule of law and civilian supremacy is best exemplified when the police practices
accountability for all its actions or, as the case may be, inaction on matters related to the
protection of people’s legal rights.

5. Pro-Democracy and Pro-Citizen Human Rights-Based Policing is democratic and

citizencentered. Democratic values are best demonstrated by the police when it seeks
greater participation by the community in maintaining peace and order.
The police organization must always remain responsive and relevant to the needs of the
RESPECTING HUMAN RIGHTS IS LIKE THE GOLDEN RULE… IT IS ABOUT
TREATING OTHERS IN THE WAY THAT WE WANT TO BE TREATED. what is human
rights-based policing? 17 community --- which is actually the PNP’s main clientele. Through
dialogues and consultations with stakeholders, the police are able to learn about the issues and
concerns that must be addressed at the community level. In most, if not all situations, full
cooperation between the police and the community.

D. GROSS HUMAN RIGHTS VIOLATION (HRV’s)

1. Enforced Disappearance (ED) – the disappeared are the people who have taken into
custody by agents of the State, whose whereabouts are concealed and whose custody is
denied.

2. Extra-judicial Killing (EJK) – are unlawful and deliberate killings, carried out by
order of the government or with its complicity and acquiesces.

3. Torture – extreme/severe pain through physical or psychological means to elicit

information.

POLICE/MILITARY MAY COMMIT HRV

Unlawful, unnecessary or disappropriate use of force

Arbitrary Arrest or Detention, irregular, unreasonable or disappropriate
Torture or other cruel, inhuman or degrading treatment or punishment
Enforce Disappearance
Summary Execution or Extrajudicial Killing

COMMON CAUSES OF POPULAR DISSATIDFACTION

Selective enforcement of law

Rude behavior, abusive language or contempt towards HR
Ignorance of the laws of HR or deliberately disregard them in matters of arrest,
interrogating, interrogation, searching and detention.
Differential attitude depending on socio-cultural status, economic power nd political
influences of people.

E. POLICE STATION CHECLIST ON HUMAN RIGHTS-BASED POLCING

POLICE STATION CHECKLIST ON HUMAN RIGHTS-BASED POLICING (as

maintained by the Human Rights Desk)
1. Number and profile of personnel with: - Basic and advanced training in human rights
Human rights modules in mandatory and special courses
Additional human rights seminars, workshops, and training conducted by CHR
Additional human rights seminars, workshop, training conducted by NGOs and
foreign organizations

2. Number of custodial detention facilities / lock-up cells inspected.

Are there separate facilities for men, women, and children?

Is there a regularly updated Database on Detainees including their complete name,
address, age, sex, nature of crime or offense, status of case or investigation, date of
inquest, release or transfer to jail, contact details of lawyer or family, etc.?
Are the custodial detention facilities / lock-up cells clean, safe, and secure?
Are detainees confined in facilities that pose no threat to their health and safety?

3. Number and profile of complaints of alleged human rights violations such as: -

Excessive Use of Force (EF)

Illegal Arrest (IA)
Illegal Detention (ID)
Extralegal Killings (ELK) or summary executions
Enforced Disappearance (ED)
Other human rights violations

4. Number and status of alleged cases of human rights violations investigated or handled by the
police station.

5. Display of posters and information materials on Rights of Persons Arrested, Detained or

Under Investigation (R.A. 7438) at the police station and other PNP offices. - Display the posters
inside the investigation room, near custodial detention facilities, and other prominent locations
inside the police station.

6. Activation of human rights desk and designation of human rights desk officers (HRDOs) at
the police station level including: - Preparation of Human Rights Desk Workflow and directory
of other PNP units and government agencies involved in human rights protection. - Human
Rights Promotion/Protection Action Plan (police station-level)

7. Coordination with Barangay Human Rights Action Officer (BHRAO) on joint human rights
plans and activities; protective services to victims of human rights violations; and other mission-
essential tasks related to human rights promotion and protection at the community level.

HUMAN RIGHTS DESK BASIC OPERATION PROCEDURES

UMAN RIGHTS DESK BASIC OPERATIONAL PROCEDURES Receiving / Taking Action
on Complaints of Alleged Human Rights Violations:

1. Politely greet the complainant or any person that approaches the Human Rights Desk. State
your rank and full name, then ask the complainant or person about his specific need or purpose
for approaching your desk.

2. Through initial interview, evaluate if the complaint is about an alleged human rights violation
or a typical complaint that is supposed to be handled by other desks such as the Investigation
Desk, Women & Children’s Protection Desk (WCPD), etc.

3. Assess if the complaint is about alleged enforced disappearance (ED), extra-legal killing
(ELK), torture (TOR), illegal arrest (IA), or excessive use of force by a police officer and/or law
enforcer (EF).

4. If the complaint is related to human rights violations cited in No. 2, get a written statement
from the complainant about the incident. Get full details of the incident, complete name and
contact details of the complainant, and other pertinent information.

5. Inform the complainant that he/she will receive an update on actions taken by the Human
Rights Desk / Police Station within three (3) days. Further, inform the complainant that the
update on actions taken may be sent via phone call, text message, email, or as a last resort, via
post mail. Also provide the complainant with your official telephone/fax numbers, e-mail
address, and other contact details.

6. Thank the complainant for reporting the incident / alleged human rights violation. Express
reassurance that the Human Rights Desk would closely monitor the actions that will be taken by
the appropriate police units or government agencies that will handle the complaint or report of
alleged human rights violation.

FUNDAMENTAL PRINCIPLES OF INTERNATION HUMANITARIAN LAW

International humanitarian law is the branch of international law that seeks to impose limits on
the destruction and suffering caused by armed conflict. It establishes, in the words of Art. 22 of
the Hague Regulations, that “the right of belligerents to adopt means of injuring the enemy is not
unlimited.” A group of general and fundamental principles are central in pursuing this aim to
limit the effects of armed conflicts:

 the principle of humanity (the “elementary considerations of humanity being reflected

and expressed in the Martens clause)
 the principle of distinction between civilians and combatants, and between civilian
objects and military objectives;
 the principle of proportionality,the principle of military necessity (from which flows
the prohibition of superfluous injury and unnecessary suffering.
IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW

International humanitarian law – also called the law of war – sets out detailed rules that seek to
limit the effects of armed conflict. In particular, it protects those who are not, or no longer,
taking part in the fighting, and sets limits on the means and methods of warfare. Humanitarian
law is a universal set of rules. Its main treaties have been accepted by nearly every State in the
world. However, becoming party to these agreements is only a first step. Efforts must be made to
implement humanitarian law – to turn the rules into action.

International humanitarian law – also called the law of war – sets out detailed rules that seek to
limit the effects of armed conflict. In particular, it protects those who are not, or no longer,
taking part in the fighting, and sets limits on the means and methods of warfare. Humanitarian
law is a universal set of rules. Its main treaties have been accepted by nearly every State in the
world. However, becoming party to these agreements is only a first step. Efforts must be made to
implement humanitarian law – to turn the rules into action.

Both Civilians And The Military Personnel Are Familiar With The Rules Of
Humanitarian Law;

The Structures, Administrative Arrangements And Personnel Required For Compliance

With The Law Are In Place;

Violations Of Humanitarian Law Are Prevented, And Punished When They Do Occur.

HUMAN RIGHTS EDUCATION

Module 5

Chapter 5
The International Humanitarian Law
Introduction

Human rights and humanitarian law are two distinct and yet closely related branches of
the international system.
Learning Outcome

At the end of the topic, the students will be able to:

1. Identify the concept of International Humanitarian Law

2. Discuss the Fundamental Principle of International Humanitarian Law
3. Identify the legal remedies in cases of enforced disappearance and extra
judicial killings.
4. Discuss the Writ of Habeas Corpus, Writ of Amparo and Writ of Habeas Data.

Learning Content

o International Humanitarian Law

o Instrument
o 3 main Current
o Fundamental Principle of International Humanitarian Law
o Legal Remedies
 Writ of Habeas Corpus
 Writ of Amparo
 Writ of Habeas Data

A. INTERNATIONAL HUMANITARIAN LAW

International Humanitarian Law – it is the international Law of Armed Conflict (LOAC), with
two general objectives and areas of concern regarding armed conflict:

1. As to the protection of the victim (Geneva Law or Red Cross Law)

2. As to the limitation of its method and means. (Hague Law)

2 INSTRUMENTS

1. Universal Instruments
Universal Declaration of Human rights, adopted by UN General Assembly 1948
Convention on the Prevention and Punishment of Crime of Genocide of 1948
International Covenant of Civil and Political Rights of 1966 on the International
Covenant on Social and Economic Rights of 1966
The Convention of the Elimination of All forms of Discriminating against
Women of 1981.
 The Convention against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment of 1984 or the Convention of the Rights of the Child.

2. Regional Instruments

The European Convention on Human Rights of 1950

The American Convention on Human Rights of 1969
The African Charter of Human and People’s Right in 1981

Treaties:

The following are the main treaties in chronological order of the adaptation:

1864 – Geneva Convention for the amelioration of the condition of the wounded in armies in
the field.

1868 – Declaration of St. Petersburg (prohibiting the use of certain projectile in wartime).

1899 – The Hague Conventions respecting the laws and customs of war on land and adaptation
to maritime warfare of the principles of the 1864 Geneva Convention.

1906 – Review and development of the 1864 Geneva Convention

1907 – Review of the Hague Conventions of 1899 and adaptation of New Conventions.

1925 – Geneva Protocol for the prohibition of the use in war of asphyxiating, poisonous, or other
gases and bacteriological methods of warfare.

1929 – Two Geneva Conventions

Review and development of the 1906 Geneva Convention
Geneva Convention relating to the treatment of prisoners of war (new)

1949 – Four Geneva Conventions

I Amelioration of the condition of the wounded and sick in armed forces in the
field.
II Amelioration of the condition of wounded, sick and shipwrecked members of
armed forces at sea.
III Treatment of prisoners of war
IV Protection of civilian persons in the time of war (new)

1954- The Hague Convention for the protection of cultural property in the event of the armed
conflict.
1972- Convention on the prohibition of the development, production and stockpiling of
bacteriological (biological) and toxic weapons and on their destruction.

1977 – Two Protocols additional to the four 1949 Geneva Conventions, which strengthen the
protection of victims of international and non-international..

1980 – Convention on Prohibitions or restrictions on the use of certain conventional weapon

which may be deemed to be excessively injurious.

1993- Convention on the prohibition of the development production, stockpiling and the use of
chemical weapons and on their destruction.

1995 – Protocol relating to blinding laser weapons

THREE (3) MAIN CURRENTS

The “law of Geneva” represented by the international conventions and protocols established
under the aegis of the international committee of the red cross (ICRC) with the protection of the
victims of conflict as their central concern.

The “law of the Hague”, based on the results of the peace conference in the capital of the
Netherland in 1899 and 1907 which death principally with permissible means and methods war.

Other Issues
Peace-keeping and peace-enforcement operation
Terrorism
Prosecution of Criminals
War of Crime
Application of Humanitarian Law
New Conflicts
Assistance to victims of armed conflicts
Restoration of family Links
New developments in humanitarian law
Protection for refugees and internally displaced persons

Use of emblem Commission of Human Rights

Constitutional Creation
Independence Office

CHR Power

Investigate –political and civil

 Compulsory processes
Provided legal measures
Legal Aid
Jail and Detention Center Monitoring
Research Programs
Government Compliance Monitoring

B. FUNDAMENTAL PRINCIPLE OF INTERNATIONAL HUMANITARIAN LAW

1. Principle of Distinction
Most basic principle of IHL which parties to the conflict to distinguish between
combatant and civilians and between military objectives and civilian objectives.
Indiscriminate attacks are those which (a) are not directed at a specific military
objective (b) employ a method means of combat cannot be directed at a specific
military objective (c) employ a method or means of combat the effects of which
cannot be limited as required by the rules of war.

2. Principle of Proportionality
Proper balancing of the conflicting interest between the military necessity or
humanitarian considerations.
Among several military objective for obtaining a similar military advantage, the
objectives selected should the one where the attack may be expected to cause the
least danger to civilians objects.

3. Principle of Limitation
Basic rule that the right parties to the conflict to choose methods or means of
warfare is not limited. As the saying goes “Even was has its limits” .IHL the
provides both general and specific limitations or restraints.

C. LEGAL REMEDIES

Writ of Habeas Corpus – it is a Latin phrase literally means “you have a body”.
The writ is an order to the person in charge of someone’s detention to deliver the
named person so that the court can investigate the legality of his imprisonment.
A writ of habeas corpus—which literally means to “produce the body”—is an
order issued by a court of law to a prison warden or law enforcement agency
holding an individual in custody. It requires that they deliver that prisoner to the
court so a judge can decide whether that prisoner had been lawfully imprisoned
and, if not, whether they should be released from custody.
To be considered enforceable, the writ of habeas corpus must list evidence
showing that the court that ordered the prisoner’s detention or imprisonment had
made a legal or factual error in doing so. The writ of habeas corpus is the right
bestowed by the U.S. Constitution to individuals to present evidence to a court
showing that they have been wrongly or illegally imprisoned.
 Though separate from the constitutional rights of defendants in the U.S. criminal
justice system, the right to the writ of habeas corpus gives Americans the power
to keep the institutions that might imprison them in check.
In some countries without habeas corpus rights, the government or the military
often jail political prisoners for months or even years without charging them with
a specific crime, access to a lawyer, or means of challenging their imprisonment.
Writ of habeas corpus is different from a direct appeal, and it is usually only filed
after a direct appeal of conviction has failed.

How Habeas Corpus Works

Evidence is presented from both sides during a court hearing. If not enough evidence is found in
the inmate's favor, the person is returned to prison or jail as before. If the inmate provides
sufficient evidence for the judge to rule in their favor, they could:

 Have charges dismissed

 Be offered a new plea deal
 Be granted a new trial
 Have their sentence reduced
 Have their prison conditions improved

Writ of Amparo - A writ of habeas corpus—which literally means to “produce

the body”—is an order issued by a court of law to a prison warden or law
enforcement agency holding an individual in custody. It requires that they deliver
that prisoner to the court so a judge can decide whether that prisoner had been
lawfully imprisoned and, if not, whether they should be released from custody.
To be considered enforceable, the writ of habeas corpus must list evidence
showing that the court that ordered the prisoner’s detention or imprisonment had
made a legal or factual error in doing so. The writ of habeas corpus is the right
bestowed by the U.S. Constitution to individuals to present evidence to a court
showing that they have been wrongly or illegally imprisoned.
Though separate from the constitutional rights of defendants in the U.S. criminal
justice system, the right to the writ of habeas corpus gives Americans the power
to keep the institutions that might imprison them in check.
In some countries without habeas corpus rights, the government or the military
often jail political prisoners for months or even years without charging them with
a specific crime, access to a lawyer, or means of challenging their imprisonment.
Writ of habeas corpus is different from a direct appeal, and it is usually only filed
after a direct appeal of conviction has failed.
How Habeas Corpus Works
Evidence is presented from both sides during a court hearing. If not enough
evidence is found in the inmate's favor, the person is returned to prison or jail as
before. If the inmate provides sufficient evidence for the judge to rule in their
favor, they could:
Have charges dismissed
Be offered a new plea deal
Be granted a new trial
Have their sentence reduced
Have their prison conditions improved

Writ of Habeas Data - A writ of habeas corpus—which literally means to

“produce the body”—is an order issued by a court of law to a prison warden or
law enforcement agency holding an individual in custody. It requires that they
deliver that prisoner to the court so a judge can decide whether that prisoner had
been lawfully imprisoned and, if not, whether they should be released from
custody.
To be considered enforceable, the writ of habeas corpus must list evidence
showing that the court that ordered the prisoner’s detention or imprisonment had
made a legal or factual error in doing so. The writ of habeas corpus is the right
bestowed by the U.S. Constitution to individuals to present evidence to a court
showing that they have been wrongly or illegally imprisoned.
Though separate from the constitutional rights of defendants in the U.S. criminal
justice system, the right to the writ of habeas corpus gives Americans the power
to keep the institutions that might imprison them in check.
In some countries without habeas corpus rights, the government or the military
often jail political prisoners for months or even years without charging them with
a specific crime, access to a lawyer, or means of challenging their imprisonment.
Writ of habeas corpus is different from a direct appeal, and it is usually only filed
after a direct appeal of conviction has failed.
How Habeas Corpus Works
Evidence is presented from both sides during a court hearing. If not enough
evidence is found in the inmate's favor, the person is returned to prison or jail as
before. If the inmate provides sufficient evidence for the judge to rule in their
favor, they could:
Have charges dismissed
Be offered a new plea deal
Be granted a new trial
Have their sentence reduced
Have their prison conditions improved

HUMAN RIGHTS EDUCATION

Module 6
 Chapter 6
International Humanitarian Law Means and Methods of warfare
Introduction
This part introduces knowledge on International Humanitarian Law which you will go
through the basic questions relating to the law of armed conflict. You will learn about origins
and sources of this body of law, as well as to which situations is applies.

Learning Outcome

At the end of the topic, the students will be able to:

1. Identify the limitations on means and methods of warfare

2. Discuss the declaration of St. Petersburg
3. Explain the regulation of specific weapons
Learning Content

 Limitations on means and methods of warfare

 Declaration of St. Petersburg
 Regulation of Specific Weapons
Methods of warfare

A number of methods of warfare are specifically prohibited under treaty and customary IHL. A
few examples are given below.

Denial of quarter
Ordering that no quarter will be given and threatening an adversary therewith or conducting
hostilities on this basis is prohibited. An adversary’s forces must be given an opportunity to
surrender and be taken prisoner. Wounded soldiers must be respected and protected.

Pillage
Pillage – the forcible seizure of private property by an invading or conquering army from the
enemy’s subjects – is prohibited.

Starvation
Starving the civilian population as a method of warfare is prohibited. Attacking, destroying,
removing or rendering useless objects indispensable to the survival of the civilian population is
also prohibited.
Perfidy
Killing, injuring or capturing an adversary by resort to perfidy is prohibited. Article 37 of
Additional Protocol I defines ‘perfidy’ as “acts inviting the confidence of an adversary to lead
him to believe that he is entitled to, or is obliged to accord, protection under the rules of
international law applicable in armed conflict, with intent to betray that confidence.” This
includes, for example, feigning injury or sickness in order to attack an enemy combatant. Ruses
of war, i.e. acts intended to confuse the enemy that do not violate international law, and that
respect the prohibition against perfidy, are not prohibited. This would include, for instance, the
use of camouflage, decoys, mock operations, and misinformation

Means of warfare

The use of a specific weapon in armed conflict can be completely prohibited and the weapon
itself considered unlawful (e.g. anti-personnel mines, cluster munitions, chemical weapons).
Alternatively, its use may be restricted in certain situations (e.g. the prohibition against using
airdelivered incendiary weapons against a military objective situated in an area with a
concentration of civilians).

Anti-personnel mines
Under the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of
Anti-Personnel Mines and on their Destruction (1997), States must not under any circumstances
use, develop, produce, stockpile or transfer anti-personnel mines, or help anyone else to do so.
They must also destroy all existing stockpiles of anti-personnel mines and within a fixed time
period, clear land where these devices have been laid.

Cluster munitions
The Convention on Cluster Munitions (2008) prohibits the use, production, stockpiling and
transfer of cluster munitions (a bomb, shell, rocket or missile that releases a large number of
small explosive submunitions). In addition to these prohibitions, States possessing cluster
munitions are required to destroy their stockpiles of these weapons and to clear land
contaminated by remnants of cluster munitions (unexploded cluster munitions and submunitions
from a past conflict). There are also specific obligations on providing assistance to victims of
cluster munitions.
Other conventional weapons
The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons
Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW) of
1980 also contains prohibitions against and restrictions on certain kinds of weapon:

• Protocol I of the CCW prohibits the use of any weapon, the primary effect of which is to injure
by fragments that are not detectable in the human body by X-rays.
• Protocol II prohibits or restricts the use of mines (both anti-personnel and anti-vehicle), booby-
traps and other similar devices. This Protocol was amended and new regulations added in 1996.
• Protocol III regulates the use of incendiary weapons, or weapons that are primarily designed to
set fire to objects or to burn persons through the action of flame or heat, such as napalm bombs
and flame throwers.
• Protocol IV prohibits the use and transfer of laser weapons specifically designed to cause
permanent blindness.
• Protocol V requires the parties to a conflict to take measures to reduce the dangers posed by
explosive remnants of war (unexploded and abandoned ordnance).

Initially, the CCW and its Protocols applied only in international armed conflicts (except
Protocol II as amended in 1996), but the amendment of Article 1 of the Convention, on 21
December 2001, extended the application of these treaties to non-international armed conflict.

Chemical and biological weapons

The international community banned the use of chemical and biological weapons after World
War I (the 1925 Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare). This ban was reinforced in 1972 (the
Biological Weapons Convention) and 1993 (the Chemical Weapons Convention) by prohibiting,
in addition to their use, the development, stockpiling and transfer of these weapons, and
requiring that stockpiles be destroyed. The Chemical Weapons Convention also prohibits the use
of riot-control agents (e.g. tear gas) as a method of warfare.

Nuclear weapons
There is no comprehensive or universal ban on the use of nuclear weapons. The Nuclear Non-
Proliferation Treaty of 1968 primarily aims to prevent the spread of nuclear weapons and to
advance the goal of nuclear disarmament.
However, in 1996, the International Court of Justice, in an advisory opinion, confirmed that IHL
applied to nuclear weapons, particularly the IHL principle of distinction and the prohibition
against causing unnecessary suffering. In applying these and related rules to nuclear weapons,
the Court concluded that “the threat or use of nuclear weapons would generally be contrary to the
rules of international law applicable in armed conflict.” The Court was however unable to decide
whether, even in the extreme circumstance of a threat to the survival of the State, the use of
nuclear weapons would be legitimate.

In 2011, the Council of Delegates of the International Red Cross and Red Crescent Movement
(consisting of the ICRC, the International Federation of Red Cross and Red Crescent Societies
and all the National Red Cross and Red Crescent Societies) adopted a milestone resolution,
“Working towards the elimination of nuclear weapons,” which outlines the Movement’s position
on nuclear weapons. The resolution stated that the Council found it difficult to envisage how any
use of nuclear weapons could be compatible with the rules of IHL, in particular the rules of
distinction, precaution and proportionality. It also appealed to all States to ensure that nuclear
weapons were never again used and to pursue with urgency and determination negotiations to
prohibit and eliminate nuclear weapons through a binding international agreement.

Learning Task:

1. Read the following resource materials. (Module or E-resources)

 [Link]
St. Petersburg Declaration: Victory of humanity in war

The Declaration of Saint Petersburg is the first formal agreement prohibiting the use of certain
weapons in war. It had its origin in the invention, in 1863, by Russian military authorities of a
bullet which exploded on contact with hard substance and whose primary object was to blow up
ammunition wagons. In 1867 the projectile was so modified as to explode on contact with a soft
substance. As such the bullet would have been an inhuman instrument of war, the Russian
Government, unwilling to use the bullet itself or to allow another country to take advantage of it,
suggested that the use of the bullet be prohibited by international agreement. The Declaration to
that effect adopted in 1868, which has the force of law, confirms the customary rule according to
which the use of arms, projectiles and material of a nature to cause unnecessary suffering is
prohibited. This rule was later on laid down in Article 23 (e) of the Hague Regulations on land
warfare of 1899 an 1907. The Declaration of Saint Petersburg prompted the adoption of further
declarations of a similar nature at the two Hague Peace Conferences of 1899 and 1907. The
Hague Declarations relating to the discharge of projectiles and explosives from balloons, the use
of asphyxiating gases and the use of expanding bullets refer in their preambles to the Declaration
of Saint Petersburg.

Regulation of Specific Weapons

International humanitarian law contains basic principles and rules governing the choice of
weapons and prohibits or restricts the employment of certain weapons. The ICRC plays a leading
role in the promotion and development of law regulating the use of certain weapons.

From the beginning, international humanitarian law (IHL) has endeavoured to limit the suffering
caused by armed conflict. To achieve this, IHL addresses both the behaviour of combatants and
the choice of means and methods of warfare, including weapons.

Early treaties prohibited the use of exploding projectiles weighing less than 400 grams (in 1868)
and bullets that flatten upon entering the human body (in 1899). In 1925, governments adopted
the Geneva Protocol, which outlaws the use of poison gas and bacteriological methods of
warfare. This treaty was updated with the adoption of the Biological Weapons Convention in
1972 and the Chemical Weapons Convention in 1993, both of which strengthened the 1925
Protocol by extending prohibitions to the development, production, acquisition, stockpiling,
retention and transfer of biological and chemical weapons, and requiring their destruction.

A number of conventional weapons are regulated in the 1980 Convention on Certain

Conventional Weapons. This Convention prohibits the use of munitions that use fragments not
detectable by X-ray and blinding laser weapons. It also limits the use of incendiary weapons as
well as mines, booby traps and "other devices". The Convention is also the first treaty to
establish a framework to address the post-conflict hazards of unexploded and abandoned
ordnance.
Anti-personnel landmines are prohibited under the 1997 Convention on the Prohibition of the
Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
More than three-quarters of the world's countries have joined the Convention, which has had a
positive impact in terms of destruction of stockpiles, mine clearance, reduction of casualties and
assistance to victims.

On 30 May 2008, 107 States adopted the Convention on Cluster Munitions. The treaty's
obligations became legally binding on the 30 ratifying States on 1 August 2010 and subsequently
for other ratifying States. By adopting and signing the Convention, States have taken a major
step towards ending the death, injury and suffering caused by these weapons.

The unregulated widespread availability of arms contributes to violations of international

humanitarian law (IHL) and hampers delivery of assistance to victims. Since 2006, States have
been discussing a global "Arms Trade Treaty" (ATT). In January 2010, the UN General
Assembly decided to convene the 2012 UN Conference on the Arms Trade Treaty to elaborate a
legally binding instrument on the highest possible international standards for the transfer of
conventional arms. The ICRC supports the elaboration of a comprehensive, legally binding ATT
that establishes common international standards for the responsible transfer and brokering of all
conventional weapons and their ammunition.

The destructive power of nuclear weapons puts them in a category of their own, yet there is no
comprehensive or universal ban on their use under international law. Nevertheless, in July 1996
the International Court of Justice concluded that their use would generally be contrary to the
principles and rules of IHL. The ICRC finds it difficult to envisage how any use of nuclear
weapons could be compatible with the rules of IHL. In view of the unique characteristics of
nuclear weapons, the ICRC further calls on all States to ensure that such weapons are never used
again, regardless of their views on the legality of such use.

Faced with the constant and rapid evolution of weapons, the ICRC has published a Guide to
Legal Reviews of New Weapons, Means and Methods of Warfare to help governments fulfil
their obligation to ensure that the use of new weapons, means or methods of warfare comply
with the rules of IHL.