What Philippine laws are in accordance to the International Humanitarian Law?

The International Humanitarian Law (IHL) exists to ensure the safety of civilians when armed conflict arises.

As the Philippines is signed to the Geneva Conventions, which established rules of war in order to respect human rights and human dignity, there are certain local laws in place should the Philippines encounter conflict either domestically or internationally.

The first of three laws is the R.A. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity.

In an episode of "Need To Know," IHL expert and Naga City judge Atty. Soliman Santos, Jr. described this as a crucial law.

"Ito yung nag-dedefine at tsaka nag-pepenalize ng war crimes, crimes against humanity at saka genocide. Katulad ng mga crimes na sakop ng international criminal court," he said.

R.A. 10530, on the other hand, is a law protecting the emblems of the Red Cross, Red Crescent. and Red Crystal.

"Ito yung batas sa pagrespeto sa emblem ng Red cross, na ang emblem na ito ay hindi abusuhin, gamitin sa maling layunin," Santos said.

The last one, R.A. 11188, aims to ensure protection of children in the case of armed conflict.

"Ibig sabihin, those below 18 years of age na nasa situation ng armadong pakikidigma. 'Yung mga apektado na mga bata. 'Yung mga bata na nasasali or narerecruit para dyan sa labanan at yung mga nadidisplace, together with their family, napapa-evacuate dahil sa labanan," Santos said.

On top of the obligations that the Philippines has with the Geneva Conventions, the country is also part of other treaties that ensure protection from war crimes.

Among these treaties are the Treaty on the Prohibition of Nuclear Weapons and the Ottawa Treaty or Mine Ban Treaty.

READ: What you need to know about International Humanitarian Law 

According to the "Need To Know" report, cases had previously been filed in court in relation to the crises in Zamboanga City in 2013 and Marawi City in 2017.

"Ang mga finile na cases ay both R.A. 9851 at saka rebellion," Santos said.

"So nagkaroon ng three cases — two in R.A. 9851 and one one rebellion versus Misuari et al. 'Yun ay tungkol, una, 'yung pag-hostage ng civilians. 'Yung pangalawa, using human shields," he added.

However, he said that the cases were suspended after because there were "peace process considerations" involving Nur Misuari, leader of the National Liberation Front (MNLF).

Meanwhile, Maute member Junaid Awal was convicted on March 15, 2019 for violating R.A. 9851 during the five month-long Marawi crisis.

His crimes include rape, sexual slavery, and enforced prostitution of a minor.

What are the penalties of violating these laws?

Santos said reclusion temporal medium to maximum is the main penalty for violation of R.A. 9851.

"Ibig sabihin, 14 years, 8 months and 1 day to 20 years, plus a fine from P100,000 to P500,000 pesos," he said.

"Doon sa R.A. 11188, kung grave child rights violation, 'yung hindi gannong mabigat, ang penalty is life imprisonment about 40 years, plus fine of P2 million to P5 million. So generally, pinakamabigat yung penalties sa R.A. 11188 kaysa sa R.A. 9851," he added. – Jessica Bartolome/RC, GMA News