What you need to know about International Humanitarian Law

The Philippines is no stranger to armed conflict. Clashes between the military and rebel groups continue to make headlines, while the peace process remains a major agenda of the government.

While many of the encounters occur in the countryside, sometimes combat spills over to highly populated areas, like the crises in Marawi City in 2017 and Zamboanga City in 2013.

How are the safety of civilians ensured when conflict erupts? Following World War II, the Geneva Conventions established rules of war in order to respect human rights and human dignity. This became the foundation of the International Humanitarian Law (IHL).

"Generally kasi ang IHL kaya nga International Humanitarian Law, nag-a-apply siya sa international armed conflict. Madali lang yan 'no, 'pag iniiisip natin digmaan, merong armed forces ang isang estado laban sa isa pang estado na meron ding kanyang sariling armed forces," Atty. Ray Paolo Santiago, the executive director of the Ateneo Human Rights Center, said in an episode of "Need to Know."

["Generally, the IHL, that's why it's the International Humanitarian Law, it applies to international armed conflict. It's easy, when we think of war, a state has armed forces against another estate which also has its own armed forces."]

However, the IHL also applies to internal armed conflicts, according to to international humanitarian law expert Atty. Soliman Santos.

"'Yung Geneva Convention ng 1949... may dalawang additional protocols noong 1977, isa sa para sa international, pandaigdigan na armed conflict, armadong labanan, at 'yung pangalawa ay para sa non-international o panloob na bansa na armed conflict," said Atty. Soliman Santos, an international humanitarian law expert.

["In the Geneva Convention of 1949... there are two additional protocols in 1977, one for international armed conflict and the second for non-international or internal armed conflict."]

Under the IHL, the parties in conflict should distinguish between legitimate military targets and those who should not be attacked, such as medical personnel and the wounded or sick combatants who are already unable to fight.

"Una dapat titingnan mo parati ay 'yung principle of distinction, ito ba ay combatant," Santiago said. "Kasi kung ito ay non-combatant, hindi ko dapat gamitan ng dahas dahil ito ay protektado under international humanitarian law."

["The first you should look at is the principle of distinction, are they a combatant. Because if they are non-combatants, violence should not be used because they are protected under international humanitarian law."]

Santiago also mentioned the principle of necessity, as the IHL seeks to minimize the effects of war.

"Isang malaking responsibilidad maging isang komander ng isang military, kapag may kalaban ka, at makita mong uy wala na siya sa kampo andun na siya andun na siya sa sibilyan na bahay, kailangan mo i-assess lahat ng mangyayari," he said.

"'Yun 'yung tinatawag nating principle of necessity, kailangan bang makuha ko 'yung taong 'yun," he added.

["One of the biggest responsibilities of the military commander is when you have an enemy and you see that they are no longer in the camp, they are in a civilian house, you should assess everything that can happen. That's what's called the principle of necessity, do I need to get that person."]

This also matters when deciding which weapons to use, as civilians caught in the crossfire should be protected.

"Parang ang dali natin sabihin na 'Bombahin yan!' pag andito tayo, safe. Pero kapag andun ka I'm sure sasabihin mo pwede bang mag-usap kayo, pwede bang tahimik?" Santiago said.

Meanwhile, the IHL also provides protections for prisoners of war or detainees. They are not allowed to be tortured, sexually abused, or killed while in detention. They should also be allowed to speak to their families.

—MGP, GMA News