The International Humanitarian Law (IHL) seeks to mitigate the effects of armed conflict by limiting the methods of warfare and by protecting persons who are not participating in conflict or those no longer participating in it.

Although the Philippine Constitution is firm that the country renounces war as an instrument of national policy, embracing IHL ensures the persistence of some humanity during instances of armed conflicts if absolutely unavoidable.

In the Philippines, the entire August is dedicated as International Humanitarian Law Month, with every 12th of this month marking the observance of the International Humanitarian Law Day. This observance seeks to remind the essence of respecting human rights even in times of atrocities.

This year’s celebration is themed “Preserving Human Dignity in Times of Armed Conflict: A Shared Human Responsibility.” This call underscores the obligation of both State and Non-State actors in adhering to IHL—conscious of the plight of those most vulnerable caught in the middle of hostilities, such as the wounded, sick, prisoners, and civilians.

But, in the long view, respect for IHL anchors itself to the idea that everyone has the responsibility, as part of one humanity, to respect and uphold the human rights of all and should pave the way for the cessation of hostilities, conflict resolution, and transitional justice.

The Commission on Human Rights (CHR) recognises the commitment of the government to uphold the IHL. Specifically, the Department of National Defense (DND), through the Armed Forces of the Philippines (AFP), endeavor to continually conduct capacity development mechanisms and information and education programs on human rights and IHL at all levels of command. CHR also collaborates with the AFP and the Philippine National Police (PNP) in the regular conduct of human rights education and training within the security sector.

We are also cognizant of the enactment of relevant national laws that highlights the human rights aspect of conflict, namely: Republic Act No. 9851, also known as Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity; Republic Act No. 10530 or The Emblem Law; and Republic Act No. 11188 or the Special Protection of Children in Situations of Armed Conflict Act. With these laws, we hope that all violations, both from State and Non-State armed groups, are dealt with the full force of the law.

Despite the strides, there are still challenges in the compliance of IHL. CHR would like to emphasize the prohibition to recruit and use children in armed conflict and hostilities. We reiterate our stern reminder to all armed groups that the use of child soldiers constitutes a war crime. Children must never be on the line of fire nor be used to further armed hostilities—they are to be protected and nurtured, not used in the battlefields.

In the larger context of armed conflict, there are also still recurring reports of attacks against civilians, displacement of communities, and mistreatment and/or denial of basic rights of persons detained in relation to armed conflict.

Greater compliance and respect for all the existing norms by all parties remain to be a challenge. Primarily, as the State party, the government has the obligation to ensure compliance, especially among state forces, and bring to justice any violations from any group.

The IHL month is an opportunity for us to focus on humanitarian values amid armed conflict and also during any crisis, such as the current pandemic. Individuals and families affected by conflict suffer numerous vulnerabilities. To preserve the health and dignity of the communities, CHR’s call includes prioritising humanitarian efforts and allowing peace to flourish in communities so we can all have a fair chance to heal and live a life of dignity in the face of a health crisis.

Ultimately, human rights, as expressed in the spirit of IHL, should remain as our guide in treating others with dignity. Shared vigilance and resolve of all sectors are needed to uphold IHL. But it is our hope as well that communities get to enjoy just and lasting peace within our lifetimes. ###