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CATEGORI ES Definition INTERNATIONAL HUMANITARIAN LAW (IHL) A set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It primarily protects persons who are not participating in hostilities and restricts the means and methods of warfare of those who are participating in such armed conflict. Two Categories: Jus ad bellum is concerned with regulation of when or why states may conduct war Jus in bello is concerned with how the states conduct such war once hostilities have begun. INTERNATIONAL HUMAN RIGHTS LAW (IHL) A body of rules, established by treaty or custom, on the basis of which individuals and groups can expect and claim certain behavior or benefits from governments. 5 Characteristics of Human Rights: Universal - all human beings have these rights. Fundamental - necessary for a life with dignity. Inherent - innate in our nature as human beings. Inalienable - these rights cannot be sold, donated, mortgaged, forfeited or transferred by the individual or taken away by a State. Imprescriptible - these rights cannot be lost through the passage of time. Indivisible - a denial of a human right cannot be justified by the enjoyment of another. Interdependent - the fulfillment of one human right cannot be had without the realization of another. After World War II (1945 onwards) REFUGEE LAW (RL) A set of rules and procedures that aims to protect: 1. persons seeking asylum from persecution, and 2. those recognized as refugees under the relevant instruments. While it provides a distinct set of guarantees, it also overlaps with international human rights law and the regimes applicable to armed conflicts under international humanitarian law. INTERNALLY DISPLACED PERSONS (IDPs) Persons who have been forced or obliged to flee or to leave their homes or places of habitual residence to avoid the effects of armed conflict , situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized state border Two Elements: The coercive or otherwise involuntary character of movement The fact that such movement takes place within national borders

Period of Developme nt

In the 19th century. Specifically, In 1859, Henry Dunant witnessed a bloody war between Austrian and French armies, prompting him to write a memoir where he recounted his experience. This prompted him to start his humanitarian movement in Europe. In the U.S., the civil war was then ongoing and by

In the 20th century, when countries were trying to stem migration flows.

In the 1990s. But the accepted definition of IDP can be found in the Guiding Principles which presented to the Commission on Human Rights in 1998 by the then Representative to the UN Secretary-General on internally displaced persons, Francis Deng.

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1863, the Lieber Code, a military code, was drafted under President Abraham Lincoln. To regulate the effects of armed conflict

Reason for Developme nt

Atrocities committed during World War II

To protect and assist individuals who have crossed an international border and are at risk or victims of persecution in their country of origin.

IDPs are particularly vulnerable because: they may be in transit from one place to another, may be in hiding, may be forced toward unhealthy or inhospitable environments they are separated from their communities and families they may experience psychosocial distress affected sources of income and livelihood schooling for children and adolescents may be disturbed inhospitable receiving communities language barriers they may lack identity documents essential

Main Sources/ Instrument s

four Geneva Conventions of (1949) Additional Protocols of 1977 Relating to the Protection of Victims of Armed Conflict Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) and its two protocols Biological Weapons Convention (1972) Conventional Weapons Convention (1980) and its five protocols Chemical Weapons Convention (1993) Ottawa Convention on AntiPersonnel Mines (1997)

Although IHRL has become part of customary international law, it is still embodied in treaties and covenants. United Nations Charter (1945) - Article 1(3) and Article 55 International Covenant on Civil and Political Rights (1966) International Covenant on Economic, Social and Cultural Rights (1966) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) Convention on the Elimination of All Forms of Discrimination Against

Treaty law: Convention relating to the Status of Refugees (1951) Protocol relating to the Status of Refugees (1967) OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (1969) African Unions Convention for the Protection and Assistance of Internally Displaced Persons in Africa (commonly referred to as the Kampala Convention) and the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Customary international law:

Guiding Principles on Internal

Displacement African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa ("Kampala Convention); UNHCR's Role in Support of an Enhanced Humanitarian Response to Situations of Internal Displacement: Update on UNHCR's Leadership Role Within the Cluster Approach and IDP Operational Workplans

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Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict Women (1979) Convention on the Rights of the Child (1989) International Convention for the Protection of All Persons from Enforced Disappearances (2006) Convention on the Rights of Persons with Disabilities (2006) applicable to all states, whether they are a party to relevant treaties or not. Example: principle of non-refoulement Regional instruments: such as the 1969 Organization of African Unity Convention (for Africa) and the 1984 Cartagena Declaration (for Latin America), although it is not formally legally binding When there is a need to provide international protection to persons fleeing a country due to different reasons, such as armed conflict, civil strife and in situations of mass influxes, where the specific requirements (e.g. evidence of individual well-founded fear of being persecuted) are met. However, the 1951 Convention does not limit its application to such, and provides standards of treatment for asylum-seekers (who may later be recognized as refugees).

Period of Applicabilit y

Persons Bound

applies exclusively to armed conflict. does not cover internal tensions or disturbances such as isolated acts of violence. BUT, this is not to say that IHL is inapplicable to non-international armed conflicts. distinguishes between international and noninternational armed conflicts. However, IHL applies equally to both. main factor: degree of the armed conflict: o in prolonged conflicts, IHL applies o in sporadic acts of violence, IHL does not apply In general, only states are bound by IHL. However, recent developments such as 9/11 have given rise to the interpretation that even nonstate entities are bound by IHL. Hence, non-international armed conflicts are governed by IHL even if there is only one state involved. In every armed conflict where at least one of the parties is bound to follow

At all times, whether peacetime or wartime.

During peace, e.g., as a result of natural or man-made disasters During non-international armed conflict During interstate armed conflict

Primarily, states and governments which are bound to protect, preserve and promote human rights. However, it is also recognized that even Non-State/Government actors are also obligated to protect, preserve and promote human rights. Additionally, while Individuals are not bound, they may be held criminally liable for human rights

State and non-state actors

All authorities, groups and persons, irrespective of their legal status

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International Humanitarian Law, both parties to such conflict must observe compliance with IHL. Persons Protected those who do not take part in the fighting, such as civilians and medical and religious personnel. those who have ceased to take part of the hostilities, such as the wounded, shipwrecked, and sick combatants, as well as prisoners of war. humanitarian relief personnel and its objects , journalists, and those involved in peace keeping missions. In one sense, even the combatants are protected by IHL to a certain degree because of the fact that IHL mandates a hierarchy of action that combatants must take. Combatants must first try and subdue the enemy, and killing the enemy combatant must only be taken as a last resort. violations when such would constitute an international crime like genocide. All persons. Persons who flee from their countries of origin due to a wellfounded fear of persecution for reasons of: 1. race 2. religion 3. nationality 4. membership of a social group; or 5. political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. Internally displaced persons as defined above

Persons crossing a border for reasons related to the indiscriminate effects of armed conflict or events seriously disturbing public order are also considered refugees in Africa (1969 OAU Convention). Similar to what is applicable in Latin America (Cartagena Declaration of 1984) Refugee protection DOES NOT extend to: 1. persons who have committed a crime against peace, a war crime or a crime against humanity; 2. a serious non-political

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crime outside the country of refuge; 3. or acts contrary to the purposes and principles of the United Nations. States may choose as means of implementation from the following: legislative incorporation, administrative regulation, informal and ad hoc procedures, or a combination of all of these.

System of Implement ation a.At the national level

States must adopt treaties either through ratification or accession. To do this, States are encouraged to set up National Inter-ministerial Committees on IHL, which have proven effective in assisting States in national implementation. It is the States which bear the primary burden of effectively implementing IHL, with the consultative help of the ICRC.

b.At the regional level

Regional implementation of IHL is sometimes done by IHR regional IHR bodies. For example, the Inter-American and European Court of Human Rights have ordered reparations for victims of human rights violations that were simultaneously victims of IHL violations. In some instances (however rarely used), parties to an armed conflict may designate a neutral third party to referee and ensure that all parties to the conflict comply with IHL obligations

Governments are obligated to undertake the necessary measures in order to ensure a State Party's compliance with and implementation of international human rights agreements. Adoption of new legislation to prohibit or criminalize acts and practices contrary to human rights. Adoption of new remedies and procedures for the enforcement of human rights at the judicial level. Creation or reorganization of administrative agencies to effectively address human rights issues. While individual State Parties may be signatories to international human rights agreements, there are instances where states in a particular region will execute a region-based human rights agreement. 3 Main Regional Human Rights Instruments: European Convention for the Protection of Human Rights and Fundamental Freedoms (1953) Inter-American Convention of Human Rights (1978) African Charter on Human and People's Rights (1986) The European System European Court of Human Rights

National authorities have the primary duty to provide protection and humanitarian assistance to IDPs within their jurisdiction (Guiding Principles on Internal Displacement) 1. Military and Law enforcement agencies conducting operations; 2. DSWD; 3. DOH ; and 4. local government units Commission on Human Rights shall be designated as the institutional focal point for the internally displaced ( Internal Displacement Act of 2010 / Senate Bill no. 1050)

Africa: the 1969 Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa (African Refugee Convention) Latin American: the Cartagena Declaration. The Asia: no regional convention on human rights; but there are non-binding Asian African Legal Consultative Organization (AALCO) principles. Europe: the Council of Europe and the European Union (EU)

ASEAN a. ASEAN Intergovernment Commission on Human Rights(AICHR) Articles 4.4; 4.11; 1.6; 2.2 commitment to human rights principles and international norms a. ASEAN Ministerial Meeting on Transnational Crime (AMMTC), the ASEAN Chiefs of National Police (ASEANAPOL) and the ASEAN Committee on Women(ACW) b. ASEAN Commission on Women and Children c. Social and Cultural Blueprint Article C2( protection and Promotion of Migrant Workers) European Union (EU) a. Committee on Migration, Refugees, and Displaced Persons b. European Commission against

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The Inter-American System Inter-American Commission on Human Rights Inter-American Court of Human Rights The African System African Commission on Human and People's Rights African Court on Human and People's Rights IHRL based on UN Charter or the principal human rights treaties, conventions and their protocols, are implemented at the international level by the United Nations and its main organs. Office of the High Commissioner for Human Rights Special Procedures: Special Rapporteurs Thematic Rapporteurs Working Groups Human Rights Council established in 2006 which subsumed the responsibilities of the Commission on Human Rights and the SubCommission on Human Rights on the Promotion and Protection of Human Rights pursuant to General Assembly Resolution 60/251; Universal Periodic Review Complaint Procedure To observe, respect, promote, protect and preserve the human rights of all persons under their care, responsibility or jurisdiction. c. Racism and Intolerance (ECRI); European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT); European Committee of Social Rights

d.

c. At the internati onal level

The International Committee of the Red Cross mandated by four Geneva Conventions of 1949. an independent, neutral organization ensuring humanitarian protection and assistance for victims of armed conflict and other situations of violence The International Humanitarian Fact finding Commission: body charged with authenticating complaints of IHL violations.

No international tribunal exists. However, under its Statute and Article 35 of the 1951 Convention, the United Nations High Commissioner for Refugees (UNHCR) is responsible for State supervision and ensuring their compliance.

United Nations High Commissioner for Refugees International Humanitarian Organizations (Guiding Principles) a. International Organization for Migration: not formally a part of UN, but works closely with it b. International Committee of the Red Cross; c. Global Protection Cluster (GPC), chaired by UNCHR NGOs

Obligations / Responsibil ities

State Actors: States

must take measures to build a system wherein its combatants are educated

State Actors: shall give protection without discrimination as to race, religion or country

According to the Guiding Principles on Internal Displacement, States should: protect and assist IDPs within their jurisdiction

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on the standards set by IHL which also provides for punishment in case of violations. In short, States which control soldiers (combatants) must exercise rigorous control over such combatants in order to ensure that respect be granted to the provisions of the Geneva Convention. Non-state Actors: It is increasingly becoming accepted that belligerents must adhere to IHL rules. However, due to the fact that these belligerents are sometimes secretive in nature, implementation may be difficult. There are measures wherein entities have tried to tie belligerents into complying with IHL as an example: mutual agreements and the like. Prohibitions There are 7 basic prohibitions imposed upon states by IHL: i. Persons who are not taking part in hostilities may not be targeted. This rule extends by also protecting all targets that are non-military in nature such as cultural buildings. ii. It is forbidden to kill or injure an enemy who surrenders. This rule extends to the status of prisoners of war. iii. The wounded and the sick shall be protected by the party who has them IHR treaties and conventions contain numerous prohibitions on the part of states, governments, non-state/government actors and even individuals. Examples: CAT - State Parties are prohibited from deporting a person if there is reasonable ground to believe that such person will be tortured in the receiving state. ICESR - prohibits the employment of children in work harmful to their morals, health or development. CRC - prohibits the subjecting children to any of origin. shall treat refugees within their territories at least as favourable as that accorded to their nationals with respect to freedom to practice their religion and as regards the religious education of their children. ensure that IDPs are entitled to enjoy in full equality the same rights and freedoms as other persons in their country and shall not be discriminated against. The Guiding Principles basically covers the following rights: physical security and integrity (e.g. the rights to life, protection from torture and rape) basic necessities of life (e.g. the rights to food, water, shelter, health and sanitation) other economic, social and cultural protection needs (e.g. access to educationn property restitution or compensation) other civil and political protection issues (e.g. the rights to personal documentation and to political participation).

Non-State Actors: to uphold

that an individual may be recognized as a refugee on the ground that s/he has a wellfounded fear of persecution by a non-state actor.

Principle of non-refoulment the forcible return of a refugee to his or her country of origin and provides basic human rights guarantees during their stay in the country of asylum. has attained the status of customary law

The basic prohibition is a prohibition against arbitrary displacement. This is found in Principles 5-9 of the Guiding Principles. Generally, persons are not to be arbitrarily (unlawfully) displaced and there are situations in which displacement is absolutely prohibited displacement of populations must be avoided unless absolutely necessary and to protect against the displacement of groups with a special dependency on their lands. if displacement is necessary, certain guarantees must be established for displacement to be lawful.

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in its power. The emblem of the red cross shall be respected as a sign of protection. Also extends to the prohibition regarding the non-targetability of hospitals and the like. iv. Captured combatants and civilians must be protected against acts of violence and reprisals. Extends to regulations concerning conduct during occupation. v. No one shall be subjected to torture, corporal punishment or cruel or degrading treatment. vi. Parties to a conflict and members of their armed forces do not have an unlimited choice of means and methods of warfare. This extends to the prohibitions regarding the use of mines, and dumdum bullets, also to any weapon that causes unnecessary suffering. vii. Parties to a conflict shall at all times distinguish between the civilian population and combatants. Attacks must solely be directed against military objectives. Possibility of Derogabilit y form of sexual exploitation.

It must be remembered

that grave breaches of IHL are considered war crimes. Hence it froms part of jus

There are instances when State Parties may derogate from the observance of some human rights for a limited period of time and under strict conditions (right to

Absolutely no derogation from certain rights provided in treaties, such as the right to life, the prohibition of slavery, prohibition of torture or to cruel, inhuman or

Since there is no specific treaty binding for IDPs, the non-derogable rights under the other laws are the main protection of IDPs. At the most, their specific needs are addressed by

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cogens that set of rules from which no derogation can be allowed. However there are exceptions to some rules. While IHL prohibits the targeting of civilian and cultural structures, this may be allowed when the military advantage sought outweighs the collateral damage by a considerable margin. In short, the collateral damage must be in proportion to the military advantage sought. Such is decided on a case to case basis. Rules on Humanitari an Assistance in Armed Conflict freedom of expression, right to liberty, right to privacy) Nevertheless, there are some human rights which State Parties cannot derogate from observing under any circumstances (right against torture, right to freedom of conscience and thought, right against slavery) degrading treatment or punishment and prohibition of retroactive penal measures. the Guiding Principles.

Fourth Geneva Convention,

Remedies of

Articles 23, 55, 59, 60-63: Passage of relief supplies in blockades Additional Protocol I, Article 70: Relief actions in favour of the entire civilian population may be conducted with the consent of the parties to the conflict. Additional Protocol I, Article 54: Starvation of civilians as a method of warfare is prohibited. Article 3 common to the Geneva Conventions: an impartial humanitarian body may offer its services to the parties to the conflict. Additional Protocol II, Article 18: relief actions Articles 4 and 7: protection of children, the wounded and sick. The International Criminal Court (ICC)

Humanitarian assistance during armed conflict is primarily regulated by IHL. However, IHRL also plays a role when it comes to giving humanitarian assistance to those in armed conflict. ICESR - Right to adequate standard of living, adequate food, clothing and housing ICCPR - Right to life CRC - Right to survival and development, including food, medical treatment and shelter.

Convention Relating to the Status of Refugees, Article 35: The Contracting States undertake to cooperate with UNHCR in the exercise of its functions, and shall facilitate its duty of supervising the application of the Convention. This article guarantees access to ensure that all rights that are afforded to refugees according to the Convention are respected. Like other humanitarian organizations, UNHCR provides assistance and protection on the basis of international humanitarian and human rights law.

Guiding Principles, Principles 24-27: When State authorities are unable or unwilling to provide assistance to the displaced, international organizations have the right to offer their services and to enjoy rapid and unimpeded access to the displaced. Apply the principles of humanity and impartiality and without discrimination. Consider the assistance and the protection concerns of IDPs.

Ordinarily, an aggrieved party is principally supposed to resort to

Generally, the UNHCR When it concerns an imminent

Although they are not covered by the UNHCRs mandate, it has been

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Aggrieved Party

Prior to the ICC: IHL

domestic remedies. However, given the presence of regional and international human rights institutions and bodies, an aggrieved party may resort to such for remedies. European Court of Human Rights - has jurisdiction over inter-state and individual petitions. Inter-American Commission on Human Rights - has jurisdiction to receive, examine and investigate actions filed by individuals Inter-American Court of Human Rights - has jurisdiction over inter-state petitions; only has jurisdiction over individual petitions after such have been filed with the Commission African Commission on Human and People's Rights - reviews reports; examines complaints African Court on Human and People's Rights - has jurisdiction over inter-state petitions; has limited individual complaint jurisdiction Prioritizing the rights of certain groups (women, gays and lesbians etc)

violations were usually pursued through national criminal justice systems or through the creation of internationalized tribunals. Now: it is the main body which entertains complaints for IHL violations.

violation of the principle of non-refoulement: o UN Special Rapporteur on Torture o UN Special Rapporteur on Summary Executions o UN Working Group on Enforced Disappearances

helping the IDPs through the cluster approach, wherein specific agencies take charge of indentified areas.

Newest Challenges/ Issues in the Field

Terrorism, internment, the conduct of hostilities, occupation, and sanctions

the growing concepts and

realities of Internally Displaced Persons, Stateless Persons and Environmentally Displaced Persons. the 1951 Refugee Convention, being out of date and for its lack of effective practice States restricting access to

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asylum and the provision of legal rights to refugees. Examples: limiting access to refugee status determination procedures and employing an increasingly restrictive interpretation of the refugee definition. in Europe, increasing case load of the European Court of Human Right and the laci of genuinely common standards and practices in the EU problems in implementation. Examples: limited resources and institutional capacity, lack of political will, widespread lack of effective and affordable legal assistance available, absence of any complaints or redress procedure for individuals affected by states failure to fulfill their international protection obligations. The Philippines is 1 of only 3 countries in South East Asia (Cambodia and Timor-Leste are the other 2) who has acceded to the 1951 Refugee Convention or its 1967 Protocol. Only the Philippines has acceded to the 1954 Convention related to the Status of Stateless Persons and no country in the region has yet acceded to the 1961 Convention on the Reduction of Statelessness Pending Senate bills with regard to IDPs but not refugees in general The Philippine Immigration Act of 1940, together with and DOJ Circular No. 058, which gives guidelines on the procedure in

Philippines Stand/Posit ion/Respon se with Respect To These Laws

The Philippines seeks to establish the principles of International Humanitarian Law throughout the country. One of the major moves is the establishment of the International Humanitarian Law Office under the Red Cross of the Philippines. It has been involved in dissemination activities that seek to inform the public of the Red Cross Movement, its fundamental principles and activities as well as the basics of IHL by regularly conducting orientations sessions. Its legislative activities include the advocacy of domestic legislation and

The Philippines has signed and ratified a majority of the international conventions and treaties governing human rights with the exception of a few such as: Second Optional Protocol Aiming at the Abolition of the Death Penalty Convention Against Enforced Disappearances Convention on the Reduction of Statelessness

As of November 9, 2012, at least 7,000 people remain displaced in Mindanao due to armed conflict and clan violence The Philippine government mostly focuses on short-term emergency relief. It has given less attention to long-term reintegration and recovery needs. The Office of the Presidential Adviser on the Peace Process has overseen the Programme for Communities in Conflict-Affected Areas (known by its Tagalog acronym PAMANA) has been mandated to construct of 2,300 core shelters for IDPs by 2012. UNHCR has set up an office in Mindanao to coordinate efforts.

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measures to implement the Geneva Conventions. the determination of the status of refugees and stateless persons

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