W. Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (RA 9851, Ch. III)

Sections 3-6, 10-12, and 17 Overview

Section 3: Definition of Terms This section defines key terms relevant to the law:

• Crimes Against International Humanitarian Law: Violations of laws and customs of war, such as targeting civilians, using prohibited weapons, or committing atrocities during armed conflict.
• Genocide: Acts intended to destroy, in whole or in part, a national, ethnic, racial, religious, social, or other similar stable and permanent group. This includes killing, causing serious harm, inflicting conditions of life calculated to bring about the group’s destruction, imposing measures to prevent births, and forcibly transferring children.
• Crimes Against Humanity: Widespread or systematic attacks directed against civilians, including acts like murder, extermination, enslavement, forcible transfer of population, torture, rape, persecution, and enforced disappearances.

Section 4: War Crimes This section criminalizes war crimes, including grave breaches of the Geneva Conventions. Acts such as willful killing, torture, inhumane treatment, and unlawful deportation or transfer are classified as war crimes.

Section 5: Genocide This section criminalizes genocide, specifying that it is punishable whether committed in peacetime or during an armed conflict. The section highlights that individuals committing, ordering, or instigating genocide can be held liable.

Section 6: Other Crimes Against Humanity This section criminalizes other crimes against humanity, which include widespread or systematic attacks against civilians. It lists specific acts such as enslavement, deportation, imprisonment, torture, sexual violence, persecution, and enforced disappearances.

Section 10: Responsibility of Superiors A superior is criminally responsible as a principal for crimes under the Act committed by subordinates under the superior’s effective command and control or effective authority and control, as a result of the superior’s failure to properly exercise control, if the superior knew or should have known of the crimes and failed to take necessary and reasonable measures to prevent or repress them or submit the matter to competent authorities for investigation and prosecution.

Section 11: Non-prescription Crimes defined and penalized under the Act, their prosecution, and the execution of sentences imposed on their account are not subject to prescription.

Section 12: Orders from a Superior An order of a government or superior does not relieve a person of criminal responsibility for a crime under the Act unless the person was legally obliged to obey the order, did not know it was unlawful, and the order was not manifestly unlawful. Orders to commit genocide or other crimes against humanity are manifestly unlawful.

Section 17: Jurisdiction The State may exercise jurisdiction over persons suspected or accused of crimes under the Act, regardless of where the crime was committed, if the accused is a Filipino citizen, the accused is present in the Philippines, or the crime was committed against a Filipino citizen.

Summary

The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (R.A. No. 9851) is a comprehensive law that aligns with international legal standards to criminalize serious offenses like war crimes, genocide, and crimes against humanity. Sections 3-6 provide clear definitions and penalties for these crimes, while Section 10 addresses the responsibility of superiors, Section 11 provides for non-prescription, and Section 12 addresses orders from a superior. Section 17 governs jurisdiction, subject to the conditions stated in that section.