CLJ 2

HUMAN RIGHTS

LESSON 1. A CONCISE HISTORY OF HUMAN RIGHTS

THE SPREAD OF HUMAN RIGHTS

Originally, people had rights only because of their membership in a

group, such as a family. Then, in 539 BC, Cyrus the Great, after conquering
the city of Babylon, did something totally unexpected—he freed all slaves to
return home. Moreover, he declared people should choose their own religion.
The Cyrus Cylinder, a clay tablet containing his statements, is the first human
rights declaration in history.

The idea of human rights spread quickly to India, Greece and

eventually Rome. The most important advances since then have included:

1215: The Magna Carta

gave people new rights and made the king subject to the law.
1628: The Petition of Right
set out the rights of the people.
1776: The United States Declaration of Independence
proclaimed the right to life, liberty and the pursuit of happiness.
1789: The Declaration of the Rights of Man and of the Citizen
a document of France, stating that all citizens are equal under the law.
1948: The Universal Declaration of Human Rights
the first document listing the 30 rights to which everyone is entitled.

THE MAGNA CARTA (1215)

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 enumerates 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.
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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.

Magna Carta, or “Great Charter,” signed by the King of England in 1215, was a
turning point in human rights.

PETITION OF RIGHTS (1628)

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 Villiers, 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 in time of peace.

In 1628 the English Parliament sent

this statement of civil liberties to King
Charles I.
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UNITED STATES DECLARATION OF INDEPENDENCE (1776)
On July 4, 1776, the United States Congress approved the Declaration
of Independence. Its primary author, Thomas Jefferson, wrote the Declaration
as a formal explanation of why Congress had voted on July 2 to declare
independence from Great Britain, more than a year after the outbreak of the
American Revolutionary War, and as a statement announcing that the thirteen
American Colonies were no longer a part of the British Empire. Congress
issued the Declaration of Independence in several forms. It was initially
published as a printed broadsheet that was widely distributed and read to the
public.
Philosophically, the Declaration stressed two themes: individual rights
and the right of revolution. These ideas became widely held by Americans
and spread internationally as well, influencing in particular the French
Revolution.

In 1776, Thomas Jefferson penned the

American Declaration of Independence.

THE CONSTITUTION OF THE UNITED STATES OF AMERICA (1787) AND

BILL OF RIGHTS (1791)
Written during the summer of 1787 in Philadelphia, the Constitution of
the United States of America is the fundamental law of the US federal system
of government and the landmark document of the Western world. It is the
oldest written national constitution in use and defines the principal organs of
government and their jurisdictions and the basic rights of citizens.
The first ten amendments to the Constitution—the Bill of Rights—came
into effect on December 15, 1791, limiting the powers of the federal
government of the United States and protecting the rights of all citizens,
residents and visitors in American territory.
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The Bill of Rights protects freedom of speech, freedom of religion, the
right to keep and bear arms, the freedom of assembly and the freedom to
petition. It also prohibits unreasonable search and seizure, cruel and unusual
punishment and compelled self-incrimination. Among the legal protections it
affords, the Bill of Rights prohibits Congress from making any law respecting
establishment of religion and prohibits the federal government from depriving
any person of life, liberty or property without due process of law. In federal
criminal cases it requires indictment by a grand jury for any capital offense, or
infamous crime, guarantees a speedy public trial with an impartial jury in the
district in which the crime occurred, and prohibits double jeopardy.

The Bill of Rights of the US

Constitution protects basic freedoms
of United States citizens.

DECLARATION OF RIGHTS OF MAN OF THE CITIZEN (1789)

In 1789 the people of France brought about the abolishment of the
absolute monarchy and set the stage for the establishment of the first French
Republic. Just six weeks after the storming of the Bastille, and barely three
weeks after the abolition of feudalism, the Declaration of the Rights of Man
and of the Citizen (French: La Déclaration des Droits de l’Homme et du
Citoyen) was adopted by the National Constituent Assembly as the first step
toward writing a constitution for the Republic of France.
The Declaration proclaims that all citizens are to be guaranteed the
rights of “liberty, property, security, and resistance to oppression.” It argues
that the need for law derives from the fact that “...the exercise of the natural
rights of each man has only those borders which assure other members of the
society the enjoyment of these same rights.” Thus, the Declaration sees law
as an “expression of the general will, “intended to promote this equality of
rights and to forbid “only actions harmful to the society.”
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Following the French Revolution in 1789,

the Declaration of the Rights of Man and of
the Citizen granted specific freedoms from
oppression, as an “expression of the
general will.”

THE FIRST GENEVA CONVENTION (1864)

In 1864, sixteen European countries and several American states
attended a conference in Geneva, at the invitation of the Swiss Federal
Council, on the initiative of the Geneva Committee. The diplomatic conference
was held for the purpose of adopting a convention for the treatment of
wounded soldiers in combat.
The main principles laid down in the Convention and maintained by the
later Geneva Conventions provided for the obligation to extend care without
discrimination to wounded and sick military personnel and respect for and
marking of medical personnel transports and equipment with the distinctive
sign of the red cross on a white background.

The original document from the first

Geneva Convention in 1864 provided
for care to wounded soldiers.

THE UNITED NATION (1945)

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Fifty nations met in San Francisco in 1945 and formed the United
Nations to protect and promote peace.
World War II had rage from 1939 to 1945, and as the end drew near,
cities throughout Europe and Asia lay in smoldering ruins. Millions of people
were dead, millions more were homeless or starving. Russian forces were
closing in on the remnants of German resistance in Germany’s bombed-out
capital of Berlin. In the Pacific, US Marines were still battling entrenched
Japanese forces on such islands as Okinawa.
In 1945, delegates from fifty countries met in San Francisco full of
optimism and hope. The goal of the United Nations Conference on
International Organization was to fashion an international body to promote
peace and prevent future wars. The ideals of the organization were stated in
the preamble to its proposed charter: “We the peoples of the United Nations
are determined to save succeeding generations from the scourge of war,
which twice in our lifetime has brought untold sorrow to mankind”.
The charter of the new United Nations organization went into effect on
October 24, 1964, a date that is celebrated each year as United Nations Day.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)

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 (General Assembly resolution 217 A) 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 and it has
been translated into over 500 languages.
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LESSON 2 HUMAN RIGHTS

HUMAN RIGHTS DEFINE

Human Rights define as the “supreme, inherent and inalienable rights
to life, to dignity, and to self- development. It is the essence of these 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 of dignity.
Source:http://wahabohidlegalaid.blogspot.com/2013/03/human-rights-
definitions.html

What are human rights?

 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.
 In Britain, human rights are protected by the Human Rights Act 1998.
 In the Philippines, human rights are protected by the Article 2,
Philippine Constitution.

CLASSIFICATION OF HUMAN RIGHTS

According to source:
1.Natural or Moral Rights – God given right, acknowledged morally good.
2.Legal Rights:
a.Constitutional Rights – guaranteed in bill of rights of the
constitution
b.Statutory Rights – rights promulgated by legislative body
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According to Aspect of Life:

Civil Rights
rights the law will enforce at instance of private individuals for purpose
of securing to them the enjoyment of happiness. Civil rights guarantee people
from abuses of State agents in the exercise of the State’s in three (3) inhering
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.
Civil and Political rights are guarantees against government abuse.
Referred as Justiciable rights
immediately enforce once violated. Called negative rights because
State is refrained from violating them.
Economic, Social and Cultural Rights
rights of people to self-determination, to pursue economic, social and
cultural development and 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 – may be suspended or restricted or limited
depending on circumstances – for preservation of social life.
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State Obligation to Human Rights:

Obligation to RESPECT:
Requires the State and all its organs and agents – to abstain from
doing anything that violates the integrity or individual or fringes on his/her
freedom
Obligation to PROTECT:
Requires the State and its agents – the measures necessary to
prevent other individuals or groups from violating the integrity, freedom of
action, or the Human Rights of the individual.
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 instruments, which cannot be secured by personal efforts.

A Right is an entitlement (Claim)

Such right maybe violated but they can never be taken away.

Human Right are legal Rights – therefor Human Rights is a part of

Philippine Laws. Basic Rule: Law and Order and Peace and Security are
matters of AFP responsibility.

Basic Rule: Law and Order and Peace and Security are matters of AFP
responsibility. Existence of Rule of Law and Respect for Rule of Law

 Implies where rights, freedom, obligations 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
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What are the basic Principles of Human Rights?

Human right 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 inalienable. As such they cannot be stripped or
rightfully taken away from any free human person.
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, notwithstanding that
he or she has already enjoyed, or is already enjoying other rights. Human
right 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 conditions in life.
Human Rights are Interdependent. The fulfillment enjoyment or
exercise of a 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 and
helpless.

SOURCE OF HUMAN RIGHTS

International Bill of Human Rights (HR):
1.Universal Declaration of Human Right (UDHR)
2.International Covenant on Civil and Political Rights (ICCPR)
3.International Covenant on Economic, Social and Cultural Rights
(ICESCR)
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Subsequent International Human Rights Document:

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 on the Rights of the Child (CRC)
4.Convention Against Torture and other Cruel, Inhuman or Degrading
Treatment of Punishment (CAT)

Relevant Human Right Provision of the 1987 Constitution: (see

Appendix)
1.Bill of Rights – Article III, Section 1-22
2.Declaration of Principles and State Policies – Article II, Sections 1-5
and 7, 9, 23
3.Social Justice and Human Rights – Article XIII, Section 17-18

According to Aspect of Life

1.Civil Rights – Right to a Name, Nationality, to Mary and to Found a
Family, to Liberty and Security of Person
2.Political Rights – Right to Vote, to Initiative and Referendum, to
Information on Matters of Public Concern
3.Economic and Social Right – Right to Work, to Social Security, to
Property Right to Education

According to Struggle and Recognition

1.First Generation Rights – Civil and 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 by law which is made known to every citizen. There is a
state of emergency which necessitates the urgent preservation of the public
good, public safety and public morals; and it does not exceed what is strictly
necessary to achieve its purpose.
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LESSON 3 FOUNDATION OF HUMAN RIGHTS PRINCILPLES

AND CLASSIFICATION

IMPORTAN OF HUMAN RIGHTS

Interest and awareness of human rights has grown in recent decades.
In 1948, the United Nations released the Universal Declaration of Human
Rights, which has become the most important document of what should be
considered the standard for basic equality and human dignity.

Ten (10) Reason why Human Rights is Importance

1.Human rights ensure people have basic needs met

Everyone needs access to medicine, food and water, clothes, and
shelter. By including these in a person’s basic human rights, everyone has a
baseline level of dignity. Unfortunately, there are still millions of people out
there who don’t have these necessities, but saying it’s a matter of human
rights allows activists and others to work towards getting those for everyone.

2.Human rights protect vulnerable groups from abuse

The Declaration of Human Rights was created largely because of the
Holocaust and the horrors of WII. During that time in history, the most
vulnerable in society were targeted along with the Jewish population,
including those with disabilities and LGBT. Organizations concerned with
human rights focus on members of society most vulnerable to abuse from
power holders, instead of ignoring them.

3.Human rights allow people to stand up to societal corruption

The concept of human rights allows people to speak up when they
experience abuse and corruption. This is why specific rights like the right to
assemble are so crucial because no society is perfect. The concept of human
rights empowers people and tells them that they deserve dignity from society,
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whether it’s the government or their work environment. When they don’t
receive it, they can stand up.

4.Human rights encourage freedom of speech and expression

While similar to what you just read above, being able to speak freely
without fear of brutal reprisal is more expansive. It encompasses ideas and
forms of expression that not everybody will like or agree with, but no one
should ever feel like they are going to be in danger from their government
because of what they think. It goes both ways, too, and protects people who
want to debate or argue with certain ideas expressed in their society.

5.Human rights give people the freedom to practice their religion (or not
practice any)
Religious violence and oppression occur over and over again all across
history, from the Crusades to the Holocaust to modern terrorism in the name
of religion. Human rights acknowledges the importance of a person’s religion
and spiritual beliefs, and lets them practice in peace. The freedom to not hold
to a religion is also a human right.

6.Human rights allows people to love who they choose

The importance of freedom to love cannot be understated. Being able
to choose what one romantic life looks likes is an essential human right. The
consequences of not protecting this right are clear when you look at countries
where LGBT people are oppressed and abused, or where women are forced
into marriages they don’t want.

7.Human rights encourage equal work opportunities

The right to work and make a living allows people to flourish in their
society. Without acknowledging that the work environment can be biased or
downright oppressive, people find themselves enduring abuse or insufficient
opportunities. The concept of human rights provides a guide for how workers
should be treated and encourages equality.

8.Human rights give people access to education

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Education is important for so many reasons and is crucial for societies
where poverty is common. Organizations and governments concerned with
human rights provide access to schooling, supplies, and more in order to halt
the cycle of poverty. Seeing education as a right means everyone can get
access, not just the elite.

9.Human rights protect the environment

The marriage between human rights and environmentalism is
becoming stronger due to climate change and the effects it has on people. We
live in the world, we need the land, so it makes sense that what happens to
the environment impacts humanity. The right to clean air, clean soil, and clean
water are all as important as the other rights included in this list.

10.Human rights provide a universal standard that holds governments

accountable
When the UDHR was released, it had a two-fold purpose: provide a
guideline for the future and force the world to acknowledge that during WWII,
human rights had been violated on a massive scale. With a standard for what
is a human right, governments can be held accountable for their actions.
There’s power in naming an injustice and pointing to a precedent, which
makes the UDHR and other human right documents so important.
Source: https://www.humanrightscareers.com/issues/10-reasons-why-human-
rights-are-important/ watch the video

10 BASIC HUMAN RIGHTS STANDARDS TO LAW ENFORCEMENT

OFFICIALS

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.
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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

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. Special attention should be given to the protection
of human rights of members of potentially vulnerable groups, such as
children, the elderly, women, refugees, displaced persons and members of
minority groups.

Basic Standard 2:
Treat all victims of crime with compassion and respect, 5 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
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 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 6 non-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
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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-defense or in defense 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.
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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
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 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 recognized 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 an 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. Un-convicted 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.
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 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. 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 defense and to exercise his or her rights.
 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
fetus at risk. Women should never be restrained during labor.

Basic Standard 8:
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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 judgment. 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
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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
centers, 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
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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-defense
 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.

All police officers and all other law enforcement personnel should be
aware of their right and duty to disobey orders the implementation of which
might result in serious human rights violations. Since those violations are
unlawful, police officers and others must not participate in them. The need to
disobey an unlawful order should be seen as a duty, taking precedence over
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the normal duty to obey orders. The duty to disobey an unlawful order entails
the right to disobey it.
The right and duty to disobey an order to participate in
“disappearances” and extrajudicial killings are incorporated in the UN
Declaration on Disappearances (Article 6) and in the UN Principles on Extra-
Legal, Arbitrary and Summary Executions (Principle 3). The UN Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials
protect the right to disobey by stating that no criminal or disciplinary sanction
should be imposed on law enforcement officials who, in compliance with these
Basic Principles and the UN Code of Conduct for Law Enforcement Officials,
refuse to carry out an order to use force and firearms or who report such use
by other officials.

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?

ROOT CAUSE OF HUMAN RIGHTS VIOLATION

1. Lack of a Fair Trial – A characteristics of element of modern democratic

states is their ability to offer FAIR TRIALS to those accused of crimes.
Trying to treat everyone, even suspected criminals with fairness, and
have two principal reasons for this:
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a. Punish real criminals. A fair trial is one in which everything is done
to avoid punishing the wrong persons. To avoid miscarriages of
justice
b. Use court proceedings only to punish criminals and deter crime,
not for political or personal reasons, as is often the case in
dictatorships.

2. Lack of Good Governance – bad governance is a cause of under

development, poverty, war and human rights violation. Good governance
means a good way to take and implement government decisions. When
judging whether governance is good or bad one has to look at:
a. The way decisions are taken and implemented
b. The structures and rule that govern that decision making and
implementing process
c. The people involved
d. The decisions themselves
e. The outcome and consequences of the decisions.

3. The Scope of Criminal Law in Different Countries or Cultures, and Its

Effect on Human rights – different countries and different cultures make
different choices about the appropriate scope of criminal law. Some
actions which are legal in one country are illegal in another.

Gross Human Rights Violation (HRVs):

1) Enforced Disappearance (ED) – the disappeared are people who have
been taken into custody by agents of the State, whose whereabouts are
concealed and whose custody is denied.
2) Extra-judicial Killings (EJK) – are unlawful and deliberate killings,
carried out by order of a government or with its complicity (accomplice) or
acquiescence (acceptance).
3) Torture – extreme/severe pain through physical or psychological means
to elicit information, etc.

Police/Military may commit HRV:

 Unlawful, unnecessary or disproportionate use of force (authority and
obligation)
 Arbitrary Arrest or Detention (contain elements of injustice, irregular,
unreasonable and disproportionate)
 Torture or other cruel, inhuman or degrading treatment or punishment
Enforced disappearance
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 Summary execution or extra-judicial killing

RIGHT- BASED POLICING

Compliance with international human rights standards in policing. Citizens are

CLAIM-HOLDER whose rights must be respected and protected by the
police. Police Officers are DUTY-HOLDERS with obligation to respect, protect
and fulfill human rights.

To RESPECT human rights – avoid interfering with the enjoyment of people’s

rights.
To PROTECT human rights – equal protection to all persons.
To FULFILL human rights – implement systems, mechanisms, and
procedures that enable people to claim and enjoy their rights.

POLICE STATION CHECK LIST ON HUMAN RIGHTS-BASED POLICING

1. Number and profile of personnel with:

a. Basic and advanced training in human rights
b. Human rights modules in mandatory and special courses
c. Additional human rights seminars, workshops, and training conducted
by CHR, NGOs and foreign organization.

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

a. Are there separate facilities for men, women, and children
b. Is there a regularly updated Database on detainees including their
complete name
c. Address, age, sex, nature of crime or offense, status or case or
investigation, date of inquest, release or transfer to jail, contact details
or lawyer or family, etc?
d. Are the custodial detention facilities/lock-up cells clean safe and
secure?
e. Are detainees confined in facilities that pose no threat to their health
and safety?
f. Excessive use of force (EF)

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

as:
a. a.Illegal arrest (IA)
b. b.Illegal detention (ID)
c. c.Extra-legal killings (ELK) or summary executions
d. d.Enforced Disappearance (ED)
e. e.Other human rights violations
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4. Number and status of alleged cases of human rights violations
investigated or handled by the police stations.

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

Arrested, Detained or Under Investigation (R.A 7338) at the police station
and other PNP offices.

6. Display the posters inside the investigation room, near custodial detention
facilities, and other prominent locations inside the police station.

7. Activation of human rights desk and designation of human rights desk

officers (HRDOs) at the police station level.

8. Preparation of Human rights desk workflow and directory of other PNP

units and government agencies involve in human rights protection.

9. Human rights promotion/protection action plan (police station-level)

10. 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 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.
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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 PRINCILES OF INTERNATIONEL HUMANITARIAN LAW

1.Principle of Distinction
Parties to the conflict shall at all times distinguish between the civilian
population and combatants, and between civilian objects and military
objectives and accordingly shall direct their operations only against military
objectives.

2.Principle of Proportionality
The actual damage that is caused by attacking a military target must
not be larger than the calculated military advantage.

3.Principle of Military Necessity

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

LESSON 4 THE INTERNATIONAL HUMANITARIAN LAW

WHAT IS THE INTERNATIONAL HUMANITARIAL LAW

International humanitarian law is a set of rules which seek, for

humanitarian reasons, to limit the effects of armed conflict. It protects persons
who are not or are no longer participating in the hostilities and restricts the
means and methods of warfare. International humanitarian law is also known
as the law of war or the law of armed conflict.

International humanitarian law is part of international law, which is the

body of rules governing relations between States. International law is
contained in agreements between States – treaties or conventions –, in
customary rules, which consist of State practice considered by them as legally
binding, and in general principles.
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International humanitarian law applies to armed conflicts. It does not
regulate whether a State may actually use force; this is governed by an
important, but distinct, part of international law set out in the United Nations
Charter.

Where did international humanitarian law originate?

International humanitarian law is rooted in the rules of ancient
civilizations and religions – warfare has always been subject to certain
principles and customs.
Universal codification of international humanitarian law began in the
nineteenth century. Since then, States have agreed to a series of practical
rules, based on the bitter experience of modern warfare. These rules strike a
careful balance between humanitarian concerns and the military requirements
of States.
As the international community has grown, an increasing number of
States have contributed to the development of those rules. International
humanitarian law forms today a universal body of law.

Where is international humanitarian law to be found?

A major part of international humanitarian law is contained in the four
Geneva Conventions of 1949. Nearly every State in the world has agreed to
be bound by them. The Conventions have been developed and supplemented
by two further agreements: the Additional Protocols of 1977 relating to the
protection of victims of armed conflicts.
Other agreements prohibit the use of certain weapons and military
tactics and protect certain categories of people and goods. These agreements
include:
 the 1954 Convention for the Protection of Cultural Property in the Event of
Armed Conflict, plus its two protocols;
 the 1972 Biological Weapons Convention;
 the 1980 Conventional Weapons Convention and its five protocols; the
1993 Chemical Weapons Convention;
 the 1997 Ottawa Convention on anti-personnel mines;
 the 2000 Optional Protocol to the Convention on the Rights of the Child on
the involvement of children in armed conflict.
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Many provisions of international humanitarian law are now accepted as
customary law – that is, as general rules by which all States are bound.

When does international humanitarian law apply?

International humanitarian law applies only to armed conflict; it does
not cover internal tensions or disturbances such as isolated acts of violence.
The law applies only once a conflict has begun, and then equally to all sides
regardless of who started the fighting. International humanitarian law
distinguishes between international and non-international armed conflict.
International armed conflicts are those in which at least two States are
involved. They are subject to a wide range of rules, including those set out in
the four Geneva Conventions and Additional Protocol I.

Non-international armed conflicts are those restricted to the territory of

a single State, involving either regular armed forces fighting groups of armed
dissidents, or armed groups fighting each other. A more limited range of rules
apply to internal armed conflicts and are laid down in Article 3 common to the
four Geneva Conventions as well as in Additional Protocol II. It is important to
differentiate between international humanitarian law and human rights law.
While some of their rules are similar, these two bodies of law have developed
separately and are contained in different treaties. In particular, human rights
law – unlike international humanitarian law – applies in peacetime, and many
of its provisions may be suspended during an armed conflict.

What does international humanitarian law cover?

International humanitarian law covers two areas:
 the protection of those who are not, or no longer, taking part in fighting;
 restrictions on the means of warfare – in particular weapons – and the
methods of warfare, such as military tactics.

What is “protection”?
International humanitarian law protects those who do not take part in
the fighting, such as civilians and medical and religious military personnel. It
also protects those who have ceased to take part, such as wounded,
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shipwrecked and sick combatants, and prisoners of war. These categories of
person are entitled to respect for their lives and for their physical and mental
integrity. They also enjoy legal guarantees. They must be protected and
treated humanely in all circumstances, with no adverse distinction. More
specifically: it is forbidden to kill or wound an enemy who surrenders or is
unable to fight; the sick and wounded must be collected and cared for by the
party in whose power they find themselves. Medical personnel, supplies,
hospitals and ambulances must all be protected. There are also detailed rules
governing the conditions of detention for prisoners of war and the way in
which civilians are to be treated when under the authority of an enemy power.
This includes the provision of food, shelter and medical care, and the right to
exchange messages with their families. The law sets out a number of clearly
recognizable symbols which can be used to identify protected people, places
and objects. The main emblems are the Red Cross, the Red Crescent and the
symbols identifying cultural property and civil defense facilities.

What restrictions are there on weapons and tactics?

International humanitarian law prohibits all means and methods of warfare
which:
 fail to discriminate between those taking part in the fighting and those,
such as civilians, who are not, the purpose being to protect the civilian
population, individual civilians and civilian property;
 cause superfluous injury or unnecessary suffering;
 cause severe or long-term damage to the environment. Humanitarian law
has therefore banned the use of many weapons, including exploding
bullets, chemical and biological weapons, blinding laser weapons and
anti-personnel mines.

INSTRUMENT
Two Instrument of Humanitarian Law
1.Universal Instruments
2.Regional Instruments
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Universal Instruments
 Universal Declaration of Human Rights, adopted by the UN General
Assembly in 1948 Convention on the Prevention and Punishment of
the Crime of Genocide of 1948
 International Covenant on Civil and Political Rights of 1966 on the
International Covenant on Social and Economic Rights of 1966
 The Convention on the Elimination of all forms of Discrimination
against Women of 1981
 The Convention against Torture and other Cruel, Inhuman or
Degrading Treatment of Punishment of 1984 on the Convention on
the Rights of the Child of 1989.

Regional Instruments
 The European Convention on Human Rights of 1950 The American
Convention on Human Rights of 1969
 The African Charter of Human and Peoples Rights of 1981

Concept
 Its provision are intended both to protect people who are not or no
longer taking part in hostilities as well as to restrict the methods and
means used to wage war.
 Its purpose is to limit the suffering war causes by affording victims the
maximum possible protection and assistance.

FUNDAMENTAL PRINCIPLE OF INTERNATIONAL HUMANITARIAN LAW

Origins and implementation

The humanitarian principles are derived from the core principles, which
have long guided the work of the International Committee of the Red Cross
and the national Red Cross/Red Crescent Societies.
The principles’ centrality to the work of OCHA and other humanitarian
organizations is formally enshrined in two General Assembly resolutions. The
first three principles (humanity, neutrality and impartiality) are endorsed in
General Assembly resolution 46/182, which was adopted in 1991. This
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resolution also established the role of the Emergency Relief Coordinator
(ERC). General Assembly resolution 58/114 (2004) added independence as a
fourth key principle underlying humanitarian action. The General Assembly
has repeatedly reaffirmed the importance of promoting and respecting these
principles within the framework of humanitarian assistance.
Commitment to the principles has also been expressed at an
institutional level by many humanitarian organizations. Of particular note is the
Code of Conduct for the International Red Cross and Red Crescent
Movement, and non - governmental organizations in disaster relief. The code
provides a set of common standards for organizations involved in
humanitarian activities, including a commitment to adhere to the humanitarian
principles. More than 492 organizations have signed the Code of Conduct. 2
Also of note is the Humanitarian Charter and Minimum Standards in
Humanitarian Response elaborated by the Sphere Project.
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HUMANITY
Human suffereing must be
addressed wherever it is found. The
purpose of humanitarian action is to
protect life and health and ensure
respect for human being

NEUTRALITY
Humanitarian actors must not take
sides in hostilities or engage in
controversies of a political, racial,
religious or ideological nature.

IMPARTIALITY
Humanitarian action must me carried out
on the basis of need alone, giving priority
to the most urgent cases of distress and
making no distinctions on the basis of
nationality, race, gender, religious,
belief, class or political opinions.

INDEPENDENCE
Humanitarian action must be
autonomous form the political,
economic, military or other
objectives that any actor may hold
with regard to areas where
humanitarian action is being
implemented.

The humanitarian principles have practical operational relevance.

Humanitarian action almost always takes place in complex political and
militarized environments. Adherence to the principles is therefore critical in
order to distinguish humanitarian action from the activities and objectives of
political, military and other actors. Promoting humanitarian principles and,
importantly, ensuring that humanitarian organizations act in accordance with
them are key to gaining acceptance by all relevant actors on the ground for
humanitarian action to be carried out. This acceptance is critical to ensuring
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humanitarian personnel have safe and sustained access to affected people.
Sustained access is, in turn, crucial for strengthening the implementation of
the humanitarian principles. For example, it allows humanitarian actors to
directly undertake and monitor the distribution of assistance to people, thus
ensuring that aid is distributed impartially and reaches those most in need.

THE GENEVA COVENTION OF 1949 AND THEIR ADDITIONAL

PROTOCOLS

In 1949, an international conference of diplomats built on the earlier

treaties for the protection of war victims, revising and updating them into four
new conventions comprising 429 articles of law—known as the Geneva
Conventions of August 12, 1949. The Additional Protocols of 1977 and 2005
supplement the Geneva Conventions. The Geneva Conventions apply in all
cases of declared war, or in any other armed conflict between nations. They
also apply in cases where a nation is partially or totally occupied by soldiers of
another nation, even when there is no armed resistance to that occupation.

Nations that ratify the Geneva Conventions must abide by certain

humanitarian principles and impose legal sanctions against those who violate
them. Ratifying nations must “enact any legislation necessary to provide
effective penal sanctions for persons committing or ordering to be committed
any of the grave breaches (violations)” of the Conventions.

The following are the basic overview of the Conventions and Protocols:
The First Geneva Convention - The Geneva Convention for the Amelioration
of the Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.
The First Geneva Convention protects soldiers who are hors de
combat (out of the battle). The 10 articles of the original 1864 version of the
Convention have been expanded in the First Geneva Convention of 1949 to
64 articles that protect the following:
 Wounded and sick soldiers
 Medical personnel, facilities and equipment
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 Wounded and sick civilian support personnel accompanying the
armed forces Military chaplains
 Civilians who spontaneously take up arms to repel an invasion
Specific provisions include:
Art. 9 This Convention, like the others, recognizes the right of the ICRC to
assist the wounded and sick. Red Cross and Red Crescent national societies,
other authorized impartial relief organizations and neutral governments may
also provide humanitarian service. Local civilians may be asked to care for the
wounded and sick.

Art. 12 The wounded and sick shall be respected and protected without
discrimination on the basis of sex, race, nationality, religion, political beliefs or
other criteria.
Art. 12 The wounded and sick shall not be murdered, exterminated or
subjected to torture or biological experiments.

Art. 15 The wounded and sick shall receive adequate care.

Art. 15 The wounded and sick shall be protected against pillage and ill
treatment.

Arts. 15-16 all parties in a conflict must search for and collect the wounded
and sick, especially after battle, and provide the information concerning them
to the Central Tracing and Protection Agency of the International Committee
of the Red Cross (ICRC).

The Second Geneva Convention - The Geneva Convention for the

Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea of August 12, 1949.
The Second Geneva Convention adapts the protections of the First
Geneva Convention to reflect conditions at sea. It protects wounded and sick
combatants while on board ship or at sea. Its 63 articles apply to the following:
 Armed forces members who are wounded, sick or shipwrecked
 Hospital ships and medical personnel
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 Civilians who accompany the armed forces.
Specific provisions include:
Arts. 12, 18 This Convention mandates that parties in battle take all possible
measures to search for, collect and care for the wounded, sick and
shipwrecked. “Shipwrecked” refers to anyone who is adrift for any reason,
including those forced to land at sea or to parachute from damaged aircraft.

Art. 14 While a warship cannot capture a hospital ship’s medical staff, it can
hold the wounded, sick and shipwrecked as prisoners of war, providing they
can be safely moved and that the warship has the facilities to care for them.

Art. 21 Appeals can be made to neutral vessels, including merchant ships and
yachts, to help collect and care for the wounded, sick and shipwrecked. Those
who agree to help cannot be captured as long as they remain neutral.

Art. 22 Hospital ships cannot be used for any military purpose. They cannot
be attacked or captured. The names and descriptions of hospital ships must
be conveyed to all parties in the conflict.
Arts. 36-37 Religious, medical and hospital personnel serving on combat
ships must be respected and protected. If captured, they are to be sent back
to their side as soon as possible.

The Third Geneva Convention - The Geneva Convention Relative to the

Treatment of Prisoners of War of August 12, 1949.
The Third Geneva Convention sets out specific rules for the treatment
of prisoners of war (POWs). The Convention’s 143 articles require that POWs
be treated humanely, adequately housed and receive sufficient food, clothing
and medical care. Its provisions also establish guidelines on labor, discipline,
recreation and criminal trial. Note that prisoners of war may include the
following:
 Members of the armed forces
 Volunteer militia, including resistance movements
 Civilians accompanying the armed forces.
Specific provisions include:
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Arts. 13-14, 16 Prisoners of war must not be subjected to torture or medical
experimentation and must be protected against acts of violence, insults and
public curiosity.

Art. 17 POWs are required to provide to their captors only their name, rank,
date of birth and military service number.

Art. 23 Female POWs must be treated with the regard due their sex.

Arts. 25-27, 30 Captors must not engage in any reprisals or discriminate on

the basis of race, nationality, religious beliefs, political opinions or other
criteria.

Arts. 50, 54 POWs must be housed in clean, adequate shelter, and receive
the food, clothing and medical care necessary to maintain good health. They
must not be held in combat areas where they are exposed to fire, nor can they
be used to “shield” areas from military operations. They may be required to do
nonmilitary jobs under reasonable working conditions when paid at a fair rate.

Arts. 70-72, 123 Names of prisoners of war must be sent immediately to the
Central Tracing Agency of the ICRC. POWs are to be allowed to correspond
with their families and receive relief packages.

Arts. 82, 84 Prisoners are subject to the laws of their captors and can be tried
by their captors’ courts. The captor shall ensure fairness, impartiality and a
competent advocate for the prisoner.

Arts. 109, 110 seriously ill POWs must be repatriated (returned home). Art.
118 When the conflict ends, all POWs shall be released and, if they request,
be sent home without delay.

Art. 125 The ICRC is granted special rights to carry out humanitarian activities
on behalf of prisoners of war. The ICRC or other impartial humanitarian relief
organizations authorized by parties to the conflict must be permitted to visit
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with prisoners privately, examine conditions of confinement to ensure the
Conventions’ standards are being met and distribute relief supplies.

The Fourth Geneva Convention - The Geneva Convention Relative to the

Protection of Civilian Persons in Time of War of August 12, 1949
Civilians in areas of armed conflict and occupied territories are protected by
the 159 articles of the Fourth Geneva Convention.
Specific provisions include:
Arts. 13, 32 Civilians are to be protected from murder, torture or brutality, and
from discrimination on the basis of race, nationality, religion or political
opinion.

Art. 14 Hospital and safety zones may be established for the wounded, sick,
and aged, children under 15, expectant mothers and mothers of children
under seven.

Art. 18 Civilian hospitals and their staff are to be protected.

Arts. 24, 25 This Convention provides for the care of children who are
orphaned or separated from their families. The ICRC’s Central Tracing and
Protection Agency is also authorized to transmit family news and assist with
family reunifications, with the help of Red Cross and Red Crescent national
societies.

Art. 27 The safety, honor, family rights, religious practices, manners and
customs of civilians are to be respected.

Arts. 33-34 Pillage, reprisals, indiscriminate destruction of property and the

taking of hostages are prohibited.

Arts. 33, 49 they are not to be subjected to collective punishment or

deportation.
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Art. 40 Civilians cannot be forced to do military-related work for an occupying
force. Art. 54 They are to be paid fairly for any assigned work.

Art. 55 Occupying powers are to provide food and medical supplies as

necessary to the population and maintain medical and public health facilities.

Arts. 55, 58 Medical supplies and objects used for religious worship are to be
allowed passage.

Art. 59 When that is not possible, they are to facilitate relief shipments by
impartial humanitarian organizations such as the ICRC. Red Cross or other
impartial humanitarian relief organizations authorized by the parties to the
conflict are to be allowed to continue their activities.

Art. 64 Public officials will be permitted to continue their duties. Laws of the
occupied territory will remain in force unless they present a security threat.

Arts. 79-135 If security allows, civilians must be permitted to lead normal lives.
They are not to be deported or interned—except for imperative reasons of
security. If internment is necessary, conditions should be at least comparable
to those set forth for prisoners of war.

Arts. 89-91 Internees are to receive adequate food, clothing and medical care,
and protected from the dangers of war.

Art. 106 Information about internees is to be sent to the Central Tracing

Agency.

Arts. 108, 107 Internees have the right to send and receive mail and receive
relief shipments.

Art. 132 Children, pregnant women, mothers with infants and young children,
the wounded and sick and those who have been interned for a long time are
to be released as soon as possible.
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Common Article 3
All four Geneva Conventions contain an identical Article 3, extending
general coverage to “conflicts not of an international character.”
In the case of armed conflict not of an international character occurring in the
territory of one of the High Contracting Parties, each Party to the conflict shall
be bound to apply, as a minimum, the following provisions:

1. Persons taking no active part in the hostilities, including members of the

armed forces who have laid down their arms and those placed hors de
combat (out of the fight) by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, color, religion or faith, sex, birth or
wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any
time and in any place whatsoever with respect to the above-mentioned
persons:
a) Violence to life and person, in particular murder of all kinds, mutilation,
cruel treatment and torture;
b) Taking of hostages;
c) Outrages upon personal dignity, in particular, humiliating and
degrading treatment;
d) The passing of sentences and the carrying out of executions without
previous judgment pronounced by a regularly constituted court,
affording all the judicial guarantees which are recognized as
indispensable by civilized peoples.

2. The wounded, sick and shipwrecked shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the
Red Cross, may offer its services to the Parties to the conflict. The Parties to
the conflict should further endeavor to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention. The
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application of the preceding provisions shall not affect the legal status of the
Parties to the conflict.

The Protocols Additional to the Geneva Conventions of 1949

In 1977, two Protocols supplementary to the Geneva Conventions were
adopted by an international diplomatic conference to give greater protection to
victims of both international and internal armed conflicts.
As of 2010, 170 nations have ratified Protocol I and 165 have ratified Protocol
II. Any nation that has ratified the Geneva Conventions but not the Protocols
is still bound by all provisions of the Conventions.

Protocol I (102 Articles) - Protocol additional to the Geneva Conventions of

12 August 1949, and Relating to the Protection of Victims of International
Armed Conflicts
Protocol I expands protection for the civilian population as well as
military and civilian medical workers in international armed conflicts. Specific
provisions include:

Arts. 15, 79, Arts. 76-77 Special protections are provided for women, children
and civilian medical personnel, and measures of protection for journalists are
specified.

Arts. 17, 81 The ICRC, national societies or other impartial humanitarian

organizations authorized by parties to the conflict must be permitted to
provide assistance.

Art. 35 Use of weapons that “cause superfluous injury or unnecessary

suffering,” as well as means of warfare that “cause widespread, long-term,
and severe damage to the natural environment” are prohibited.

Arts. 43-44 Protocol I seeks to clarify the military status of members of

guerrilla forces in the following manner: It includes provisions granting
combatant and prisoner of war status to members of dissident forces when
under the command of a central authority. Such combatants cannot conceal
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their allegiance; they must be recognizable as combatants while preparing for
or during an attack.

Arts. 51, 54 It outlaws indiscriminate attacks on civilian populations and

destruction of food, water and other materials needed for survival. Arts. 56, 53
Dams, dikes and nuclear generating stations may not be attacked, nor can
cultural objects and places of worship.

Art. 77 Recruitment of children under age 15 into the armed forces is

forbidden.

Art. 85 It is a war crime to use one of the protective emblems recognized by

the Geneva Conventions to deceive the opposing forces or to use other forms
of treachery.

Protocol II (28 Articles) - Protocol additional to the Geneva Conventions of

12 August 1949, and Relating to the Protection of Victims of Non-International
Armed Conflicts
Protocol II elaborates on protections for victims caught up in high-intensity
internal conflicts such as civil wars. It does not apply to such internal
disturbances as riots, demonstrations and isolated acts of violence. Protocol II
expands and complements the non-international protections contained in
Article 3 common to all four Geneva Conventions of 1949.

Specific provisions include:

Art. 4 Persons who do not take a direct part or who have ceased to take part
in hostilities are entitled to respect. In all circumstances, they are to be treated
humanely. Protocol II specifically prohibits violence to the life, health and
physical or mental well-being of people. In particular, it prohibits acts of
murder and cruel treatment, terrorism, hostage-taking, slavery, and outrages
on personal dignity, collective punishment and pillage. These protections are
considered fundamental guarantees for all persons.
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Art. 4 Children are to be evacuated to safe areas when possible and reunited
with their families.

Art. 5 Persons interned or detained during internal conflicts are assured of the
same humane treatment as specified by the Geneva Conventions.

Art. 7, 9 Strengthens protection of the wounded, sick and shipwrecked as well

as medical and religious personnel.

Arts. 10-11, Arts. 13-14, Art. 16 Attacks are forbidden on civilians and on
“objects indispensable to civilian survival” such as crops, irrigation systems or
drinking water sources, cultural objects, and places of worship.

Art. 18 Impartial humanitarian relief organizations, such as the ICRC, are to

be permitted to continue their humanitarian services.

Protocol III - Protocol additional to the Geneva Conventions of 12 August

1949, and Relating to the Adoption of an Additional Distinctive Emblem
In December 2005, a third Additional Protocol to the Geneva
Conventions was adopted that provides for another distinctive emblem: the
red crystal. The red crystal is an optional emblem, equal in status to the Red
Cross and Red Crescent.
The red crystal may be used in environments where another emblem
could be perceived as having religious, cultural or political connotations.

The Emblems under International Humanitarian Law

Those drafting the Geneva Convention of 1864 foresaw the need for a
universal symbol of protection easily recognizable on the battlefield. In honor
of the origin of this initiative, the symbol of a red cross on a white background
(the reverse of the Swiss flag) was identified as a protective emblem in
conflict areas. The Red Crescent and red lion and sun emblems were later
recognized by nations at a diplomatic conference in 1929, although the red
lion and sun is no longer in use. In December 2005, governments adopted the
Third Additional Protocol adding the red crystal.
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Under the Geneva Conventions, the three distinctive emblems of the
Red Cross, Red Crescent and Red crystal are intended to identify and protect
medical and relief workers, military and civilian medical facilities, mobile units
and hospital ships during armed conflict. More generally, these emblems are
also used to identify the programs and activities of the Red Cross and Red
Crescent national societies.
Widespread understanding and acceptance of these humanitarian
emblems is crucial to saving lives and alleviating suffering.

RED CRESCENT RED CRYSTAL

RED CROSS

THE HAGUE CONVENTION OF 1907

The codification of modern international humanitarian law began at the
end of the nineteenth century. A peace conference was held at The Hague,
Netherlands, in 1899, followed by a second conference, which met in the
same city in 1907. The latter adopted a series of international conventions
related to the peaceful settlement of international conflicts and the laws of
war, which are known collectively as the Hague Conventions. Convention IV,
which is the most relevant here, proclaimed the Laws and Customs of War on
Land. Still in force, this Convention imposes upon the parties the obligation to
issue instructions to their armed land forces in conformity with the Regulations
annexed to the Convention. Each party to a conflict is responsible for all acts
committed by individuals forming part of its armed forces, including militia and
volunteer corps commanded by a person responsible, having a fixed
distinctive emblem and carrying arms openly. A belligerent party who violates
the provisions of the Regulations shall, if the case requires, be liable to pay
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compensation. On July 9, 2004, the International Court of Justice, in its
advisory opinion on the Legal Consequences of the Construction of a Wall in
the Occupied Palestinian Territory, referred to the 1907 Hague Convention IV
as customary international law binding on all states in the twenty-first century.

General Principles
The main principle of Hague Convention IV, formulated in Article 22 of
the Regulations, proclaims that the right of belligerents to adopt measures of
injuring the enemy is not unlimited. Paragraph 8 of the preamble of the
Convention must be added: It formulates the so-called Martens clause, which
appeared for the first time in the Hague Convention of 1899 and according to
which:

In cases not included in the Regulations . . . the inhabitants and

the belligerents remain under the protection and the rule of the
principles of the law of nations, as they result from the usages
established among civilized peoples, from the laws of humanity and the
dictates of the public conscience.

It adds that certain provisions of the Regulations must be understood in this

sense.
In different sections and chapters of the Convention, the following
subjects are covered: the meaning and treatment of belligerents, prisoners of
war, and the sick and wounded, as well as the means of injuring the enemy,
the end of hostilities, and the military authority over occupied territories.
Concerning the treatment of prisoners of war, the main principles affirm that
while they are in the power of the hostile government they must be humanely
treated, and all their personal belongings, except arms and military papers,
remain their property. They may be interned and their labor can be used but
must be paid and shall not be used in connection with the operations of war.
Prisoners of war shall enjoy complete liberty in the exercise of their religion,
on the sole condition that they comply with the measures of order issued by
the military authorities. At the conclusion of peace, the repatriation of
prisoners of war shall be carried out as quickly as possible.
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The section on hostilities forbids the employment of poison or poisoned
weapons, killing or wounding treacherously individuals belonging to the hostile
nation or army, killing or wounding an enemy who, having laid down his arms,
or having no longer means of defense, has surrendered. It is also forbidden to
declare that no quarter will be given, and to employ arms, projectiles, or
material calculated to cause unnecessary suffering. The enemy's property
shall not be destroyed or seized, unless such destruction or seizure is
imperatively demanded by the necessities of war. It is forbidden to declare
abolished, suspended, or inadmissible in a court of law the rights and actions
of the nationals of the hostile party. A belligerent is likewise forbidden to
compel the nationals of the hostile party to take part in the operations of war
directed against their own country, even if they were in the belligerent's
service before the commencement of the war.
The attack or bombardment, by whatever means, of towns, villages,
dwellings, or buildings that are undefended is prohibited. The officer in
command of an attacking force must, before commencing a bombardment,
except in cases of assault, do all in his or her power to warn the authorities. In
sieges and bombardments all necessary steps must be taken to spare, as far
as possible, buildings dedicated to religion, art, science, or charitable
purposes, historic monuments, hospitals, and places where the sick and
wounded are collected, provided they are not being used at the time for
military purposes. It is, however, the duty of the besieged to indicate the
presence of such buildings or places by distinctive and visible signs. In fact
the emblem of the Red Cross is used for this purpose. The pillage of a town or
place, even taken by assault, is prohibited.
Obtaining information about the enemy and the country plays an
important role in armed conflicts. According to The Hague Conventions, ruses
of war and the employment of measures necessary for obtaining such
information are permissible. Specific provisions are devoted to espionage. A
person can only be considered a spy when, acting clandestinely or on false
pretenses, he or she obtains or endeavors to obtain information in the zone of
operations of a belligerent, with the intention of communicating it to the hostile
party. Soldiers not wearing a disguise, as well as civilians carrying out their
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mission openly, entrusted with the delivery of dispatches, are not considered
spies. A spy taken in the act shall not be punished without previous trial.

Military Occupation
Various sections also set rules on truce, capitulations, and armistices.
A noteworthy section concerns the military authority over the territory of the
hostile state. Such territory is considered occupied when it is actually placed
under the established and exercised authority of the hostile army. The
occupant shall take all the measures in his power to restore, and ensure, as
far as possible, public order and safety, while respecting, unless absolutely
prevented, the laws in force in the country. Family honor and rights, the lives
of persons, and private property, as well as religious convictions and
practices, must be respected and private property cannot be confiscated.
Pillage is formally forbidden.
If the occupant collects the taxes, dues, and tolls imposed for the
benefit of the state, he or she shall do so, as far as possible, in accordance
with the rules of assessment and incidence in force, and shall in consequence
be bound to defray the expenses of the administration of the occupied territory
to the same extent as the legitimate government was so bound. If, in addition,
the occupant levies other money contributions in the occupied territory, this
shall only be for the needs of the army or of the administration of the territory
in question and shall be effected as far as possible in accordance with the
rules of assessment and incidence of the taxes in force. For every contribution
a receipt shall be given to the contributors. No general penalty, pecuniary or
otherwise, shall be inflicted upon the population on account of the acts of
individuals for which they cannot be regarded as jointly and severally
responsible. Requisitions in kind and services shall not be demanded from
municipalities or inhabitants, except for the needs of the army of occupation
and they shall be in proportion to the resources of the country. Such
requisitions and services shall only be demanded on the authority of the
commander in the locality occupied.
An army of occupation can only take possession of cash, funds, and
realizable securities which are strictly the property of the state, as well as of
depots of arms, means of transport, stores and supplies, and, generally, all
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movable property belonging to the state that may be used for military
operations. All appliances adapted for the transmission of news, or for the
transport of persons or things, all kinds of arms, or munitions of war may be
seized when they belong to private individuals, but must be restored and
compensation fixed when peace is made.
The occupying state shall be regarded only as administrator and
usufructuary of public building, real estate, forests, and agricultural estates
belonging to the hostile state and situated in the occupied country. It must
safeguard the capital of these properties, and administer them in accordance
with the rules of usufruct. The property of municipalities, that of institutions
dedicated to religion, charity, and education, the arts and sciences, even
when state property, shall be treated as private property. All seizure of,
destruction or wilful damage done to, institutions of this character, historic
monuments, works of art, and science, is forbidden, and should be made the
subject of legal proceedings.
Conclusions
The 1907 Hague Conventions had the merit to formulate principles that
were applicable during World War I and World War II. In 1949 its rules, which
were generally adopted although often not respected, were further developed
by the four Geneva Conventions on humanitarian law, themselves completed
later by two Protocols adopted in Geneva in 1977. Breaches of all these rules
could and should be sanctioned both by national and international
jurisdictions.

DECLARATION OF ST. PETERSBURG

The Declaration Renouncing the Use, in Time of War, of Explosive

Projectiles under 400 Grammes Weigh (the Saint Petersburg Declaration)
prohibits the use in international armed conflict of any projectile of a weight
below 400 grammes, which is either explosive or charged with fulminating or
inflammable substance.

Genesis
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The Saint Petersburg Declaration, adopted on 20 November (11
December) 1868, was the first formal international agreement to prohibit the
use of a particular weapon ‘in time of war between civilized nations’. It applied
a prohibition on the use of means or methods of warfare which are of a nature
to cause superfluous injury or unnecessary suffering to a specific weapon.
The Declaration followed the invention by Russian military authorities,
in 1863, of a rifle bullet which exploded on contact with a hard surface and
whose primary utility was to blow up ammunition wagons. A later modification
of the projectile resulted in it exploding also on contact with soft substances,
including human tissue, causing wounds far greater than those associated
with non-explosive rifle bullets in use at the time. Concern that such injuries
might go beyond what was needed to put an enemy soldier out of combat led
Russian Emperor Alexander II to convene a conference to prohibit this type of
projectile by international agreement.
Nineteen states — many of the recognized sovereign nation-states of
the time — adhered to the Declaration

Provisions and Scope

The Declaration’s first paragraph reflects the fundamental understanding that
‘the necessities of war ought to yield to the requirements of humanity’ at
specified ‘technical limits’. The Declaration outlines a number of principles that
inform its weapon-specific prohibition:

 ‘the progress of civilization should have the effect of alleviating as

much as possible the calamities of war’
 ‘the only legitimate object which States should endeavor to
accomplish during war is to weaken the military forces of the enemy’
 In order to weaken the military forces of the enemy, ‘it is sufficient to
disable the greatest possible number of men’
 The employment of ‘arms which uselessly aggravate the sufferings of
disabled men, or render their death inevitable’ goes beyond the
legitimate object of weakening the military forces of the enemy, and
 Consequently, the use of arms that have these effects are ‘contrary to
the laws of humanity’.

In application of these principles, States Parties to the Declaration

decided to renounce in case of war among themselves, the employment by
their military or naval troops of any projectile of a weight below 400 grammes,
which is either explosive or charged with fulminating or inflammable
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substances. The weight limit (400 grams) is based on the weight of the
smallest artillery shell available at the time. Whereas states parties
considered explosive rifle bullets to be unacceptable, they were unwilling to
relinquish artillery shells, deemed militarily useful against material and against
groups of persons.

As was common in 19th century inter-state agreements seeking to limit

harm inflicted on ones enemies, the Declaration was binding only on states
parties in case of war among themselves. Participation in such a war of a
state not party to the Declaration absolved all other states from respecting the
Declaration’s provisions. Also, rules of the kind agreed in the Declaration were
considered to apply only among ‘civilized nations’. The Declaration did, thus,
not prevent States Parties from using prohibited projectiles against those
excluded from that circle – colonized peoples, ‘barbarians’ or ‘savages’.

The Declaration is still formally binding on some states. Of more

practical import is that the Declaration gave rise to a narrower prohibition,
under customary international law, on ‘exploding bullets’. The Saint
Petersburg Declaration also provides the first formulation of the prohibition on
the use of means or methods of warfare that are of a nature to cause
superfluous injury or unnecessary suffering, the so- called SIrUS rule, a norm
of customary international law applicable in international and non-international
armed conflict, and codified in Article 35(2) of 1977 Additional Protocol I.

WRIT OF HABES CORPUS

“Habeas Corpus” is a Latin phrase which literally means “you have the
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. Basically, it is a writ directed to the person detaining another,
commanding him to produce the body of the prisoner at a designated time
and place and explain the cause of his detention. The Writ of Habeas Corpus
generally extends to all cases of illegal confinement or detention by which a
person is deprived of liberty, or the rightful custody of a person is withheld
from the person entitled to it.

WRIT OF AMPARO

The Writ of Amparo is of Mexican origin. Amparo means protection

from the Spanish word “Amparar”. It is a remedy available to any person
whose right to life, liberty, and security has been violated or is threatened with
violation by an unlawful act or omission of a public official/employee, or of a
private individual or entity.

The writ is issued in cases of extrajudicial killings and enforced

disappearances of threats thereof. (Sec. 1 rule of the writ of amparo, A.M. No.
07-9-12-SC, 25 Sept 2007)
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In the event that the Writ of Amparo is issued against any member of
the AFP, by the Supreme Court, Court of Appeals, Sandiganbayan or any
Justice of such court, and the Regional Trial Court, the following rules of
action shall be strictly followed by the units concerned as provided by the AFP
Policy Directive on Actions and Defense under the:

Rule on the Writ of Amparo dated December 17, 2007

1. To verify the identity of the aggrieved party:

2. To recover and preserve related to the death or disappearance of the
person identified in the petition or whose right to life, liberty or security
is threatened with violation of an unlawful act or omission as alleged
in the petition that may aid in the prosecution of the person/s
responsible:
3. To identify witnesses and obtain statements from them concerning the
death or disappearance;
4. To determine the cause, manner, location and the time of death or
disappearance as well as any pattern or practice that may have
brought about the death or disappearance;
5. To identify and apprehend the person/s involved in the death or
disappearance; and
6. To bring the suspected offenders before a competent court.

WRIT OF HABEAS DATA

The Writ of Habeas Data is a remedy available to any person who’s

right to privacy in life, liberty or security is violated or threatened by an
unlawful act or omission of a public official or private individual. The writ of
habeas data enables the petitioner to invoke the right to privacy and right to
information.

In Latin America, the writ has been used to enable the petitioner to
obtain information about himself from public or private records. This has been
particularly useful in cases of extrajudicial killings and enforced
disappearances as the families of victims could demand undisclosed
information. In cases where data about the petitioner has been falsified, the
petitioner can use the writ of habeas data to correct the data.

The writ can also be used to invoke the right to privacy. The writ
enables a person to know the purposed in which the data about himself is
being collected. (A.M. No. 08-1-16-SC, Jan. 22, 08 – The rule on the Writ of
Habeas Data)

When a Writ of Habeas Data is served, the respondent shall observe the
following:

1. The respondent shall file a verified written return together with

supporting affidavits within five (5) work days from service of writ,
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which period may be reasonably extended by the Court for justifiable
reasons.
2. The return shall, among other things, contain the following:
a. The lawful defenses such as national security, state secrets,
privileged communication, confidentiality of the source of
information of media and others;
b. In case of respondent in charge, in possession or in control of
the data or information subject of the petition:
 A disclosure of the data or information about the
petitioner, the nature of such data or information, and
the purpose for its collection;
 The steps or action taken by the respondents to
ensure the security and confidentiality of the data or
information.
 The currency and accuracy of the data or
information held; and
a. Other allegations relevant to the resolution of the proceeding
(A.M. No. 08-1-16 SC, Jan 22, 08 – The Rule on the Writ of
Habeas Data)

LESSON 5 PHILIPPINE HUMAN RIGHTS

UNIVERSAL DECLARATION OF HUAMN RIGHTS

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Article 1 Right to Equality

Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article Right to Fair Public Hearing
10
Article Right to be Considered Innocent until Proven Guilty
11
Article Freedom from Interference with Privacy, Family, Home and
12 Correspondence
Article Right to Free Movement in and out of the Country
13
Article Right to Asylum in other Countries from Persecution
14
Article Right to a Nationality and the Freedom to Change It
15
Article Right to Marriage and Family
16
Article Right to Own Property
17
Article Freedom of Belief and Religion
18
Article Freedom of Opinion and Information
19
Article Right of Peaceful Assembly and Association
20
Article Right to Participate in Government and in Free Elections
21
Article Right to Social Security
22
Article Right to Desirable Work and to Join Trade Unions
23
Article Right to Rest and Leisure
24
Article Right to Adequate Living Standard
25
Article Right to Education
26
Article Right to Participate in the Cultural Life of Community
27
Article Right to a Social Order that Articulates this Document
28
Article Community Duties Essential to Free and Full Development
29
Article Freedom from State or Personal Interference in the above Rights
30
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HUMAN RIGHTS
1987 PHILIPPINE CONSTITUTION ARTICLE III, 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.
a) 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.
b) 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.
 CLJ 2
HUMAN RIGHTS
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 the 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.
 CLJ 2
HUMAN RIGHTS
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 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 enacted.

REPUBLIC ACT NO. 10368

“Human Rights Victims Reparation and Recognition Act of 2013″. - An act

providing for reparation and recognition of victims of human rights violations
during the Marcos regime

Definition of Terms:
a) Detention refers to the act of taking a person into custody against his
will by persons acting in an official capacity and/or agents of the State.
b) Human rights violation refers to any act or omission committed during
the period from September 21, 1972 to February 25, 1986 by persons
acting in an official capacity and/or agents of the State

Human Rights Violations Victim (HRVV) refers to a person whose

human rights were violated by persons acting in an official capacity and/or
agents of the State as defined herein.

The human rights violation must have been committed during the
period from September 21, 1972 to February 25, 1986.
 CLJ 2
HUMAN RIGHTS
The victims of human rights violations that were committed one (1)
month before September 21, 1972 and one (1) month after February 25, 1986
shall be entitled to reparation, under this Act if they can establish that the
violation was committed:
1) By agents of the State and/or persons acting in an official capacity as
defined hereunder;
2) For the purpose of preserving, maintaining, supporting or promoting
the said regime; or
3) To conceal abuses during the Marcos regime and/or the effects of
Martial Law.

Entitlement to Monetary Reparation.

Any HRVV qualified under this Act shall receive reparation from the
State, free of tax.
 for a deceased or involuntary disappeared HRVV, the legal heirs as
provided for in the Civil Code of the Philippines, or such other person
named by the executor or administrator of the deceased or involuntary
disappeared HRVV’s estate in that order, shall be entitled to receive
such reparation
 no special power of attorney shall be recognized in the actual
disbursement of the award, and only the victim or the afore stated
successor(s)-in-interest shall be entitled to personally receive said
reparation form the Board, unless the victim involved is shown to be
incapacitated to the satisfaction of the Board:
 The reparation received under this Act shall be without prejudice to
the receipt of any other sum by the HRVV from any other person or
entity in any case involving violations of human rights as defined in
this Act.

Source of Reparation.
The amount of Ten billion pesos (P10,000,000,000.00) plus accrued interest
which form part of the funds transferred to the government of the Republic of
the Philippines by virtue of the December 10, 1997 Order of the Swiss Federal
Supreme Court.

THE HUMAN RIGHTS VICTIMS’ CLAIMS BOARD

 Resolution, of Claims. — The Board shall be composed of three (3)

divisions which shall function simultaneously and independently of
each other in the resolution of claims for reparation.

 Each division shall be composed of one (1) Chairperson, who shall be

a member of the Philippine Bar and two (2) members to be appointed
by the Board en banc.

CLAIMANTS, REPARATION AND RECOGNITION

Claimants. — Any person who is an HRVV may file a claim with the Board for
reparation and/or recognition in accordance with the provisions of this Act.
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HUMAN RIGHTS
Conclusive Presumption That One is an HRVV:
 Claimants in the class suit and direct action plaintiffs in the Human
Rights Litigation Against the Estate of Ferdinand E. Marcos (MDL No.
840, CA No. 88-0390) in the US Federal District Court of Honolulu,
Hawaii wherein a favorable judgment has been rendered,
 That the HRVVs recognized by the Bantayog Ng Mga Bayani
Foundation

Motu Proprio Recognition. — The Board may take judicial notice motu proprio
of individual persons who suffered human rights violations

Section 19. Determination of Award. — (a) The Board shall follow the point
system in the determination of the award.
1. Victims who died or who disappeared and are still missing shall be
given ten (10) points;
2. Victims who were tortured and/or raped or sexually abused shall he
given six (6) to nine (9) points:
3. Victims who were detained shall be given three (3) to five (5) points;
and
4. Victims whose rights were violated under Section 3, paragraph (b),
nos. (4), (5) and (6) under this Act shall be given one (1) to two (2)
points.

Section 23. Period for Filing of Claims; Waiver. — An HRVV shall file an
application for reparation with the Board within six (6) months from the
effectivity of the implementing rules and regulations (IRR) of this Act:

Effect of failure to file: deemed a waiver of the right to file the same:
Provided, further, That for HRVVs who are deceased, incapacitated, or
missing due to enforced disappearance, their legal heir/s or representatives,
shall be entitled to file an application for reparation on their behalf.

Any opposition to the new application/s pursuant to Section 16 hereof

shall only be entertained if such is filed within fifteen (15) days from the date
of the last publication of the official list of eligible claimants as may be
determined by the Board.

Section 24 Appeal. — Any aggrieved claimant or oppositor may file an appeal

within ten (10) calendar days from the receipt of the Resolution of the
Division, to the Board en banc, whose decision shall then become final and
executory.

Section 25. Penalties; Applicability of the Revised Penal Code. — Any

claimant who is found by the Board, after due hearing, to have filed a
fraudulent claim, shall be referred to the appropriate office for prosecution.

Penalty:
1. Imprisonment of eight (8) to ten (10) years
2. Shall be disqualified from public office and employment and
 CLJ 2
HUMAN RIGHTS
3. Shall be deprived of the right to vote and be voted for in any national
or local election, even after the service of sentence unless granted
absolute pardon.