Philippines
Practice Relating to Rule 142. Instruction in International Humanitarian Law within Armed Forces
The Joint Circular on Adherence to IHL and Human Rights (1991) of the Philippines provides:
These provisions [among which the relevant provisions of the 1949 Geneva Conventions] shall be integrated into the regular Program of Instructions for AFP [Armed Forces of the Philippines] and PNP [Philippine National Police] troops/police information and education sessions in all levels of command/office.
The Guidelines on Human Rights and Improvement of Discipline in the AFP, issued in 1989 by the Office of the Chief of Staff of the Armed Forces of the Philippines (AFP), states:
The nature of human rights violations including its legal implications and consequences should be inculcated repeatedly to the troops. The rule of law and respect for the dignity of man which are the foundations of human rights should be emphasized in conferences, seminars, dialogues, troop information sessions, and regular training courses.
An order issued in 1995 by the President of the Philippines provides:
The Department of Interior and Local Government, the Department of Justice and the Department of National Defence are hereby directed to include, as an integral part of the continuing education and training of their personnel, the study of human rights as conducted by the Commission on Human Rights. Said human rights education and training shall also include the various international treaties and conventions on human rights to which the Philippines is a party.
According to the Report on the Practice of the Philippines, which refers to a publication of 1996, subjects or courses dealing with international conventions, agreements, declarations or covenants on human rights and IHL ratified by the Philippines or of which the Philippines is a signatory are to be included in the curriculum of the armed forces of the Philippines and of the Philippine National Police.
The Joint Circular on Adherence to IHL and Human Rights (1991) of the Philippines provides:
Commanders shall ensure that all participants in security/police operations shall be briefed and de-briefed before and after every operation to insure proper behavior of personnel and understanding of their mission.
Commanders shall ensure that … pertinent provisions of … the Geneva Conventions and United Nations declarations on Humanitarian Law and Human Rights … are understood by every member of the AFP [Armed Forces of the Philippines] and PNP [Philippine National Police] personnel.
The Philippines’ AFP Standing Rules of Engagement (2005) states:
2. Purpose:
a. This document promulgates the Standing Rules of Engagement for the Armed Forces of the Philippines [AFP].
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c. … it will provide a common basis for training and planning capabilities. Thus, this document is also authorized for distribution to commanders at all levels and is to be used as fundamental guidance for training and directing their forces.
6. Policy:
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d. AFP units will comply with the Law of Armed Conflict (LOAC) during military operations, no matter how the conflict may be characterized under international law, and will comply with its principles and spirit during all other operations.
The Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law (2006) provides:
While not in combat:
1. Have a strong and effective military values’ education among your troops. The guide on how to prevent HR/IHL [Human Rights/International Humanitarian Law] violations is only the immediate and temporary solution to the problem. The best solution is the character-building among soldiers.
2. Include IHL/HR education in your TI&Es [Troop Information and Education]. Spend time for HR/IHL issues/questions and discussions in your TI&Es. Most HR violations are results of ignorance of the law.
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8. Inform the troops that a child taken in custody by government forces in an area of armed conflict should be informed of his/her constitutional rights and shall be treated humanely. Some of [these] basic rights are “the right to remain silent”, “the right to be presumed innocent until proven guilty”, “the right to be notified of the charge,” “right to counsel”, “right to presence of parents or guardian”, and the “right to confront and cross examine witnesses.”
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During combat operation:
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2. Always remind your men to respect human rights. Before you start the combat operations, always remind your men to respect HR of the civilian populace and the enemy. Respecting HR does not make you less a fighter and a soldier.
Commanders shall ensure that all participants in security operations shall be briefed and debriefed before and after every operation to insure proper behavior of personnel and understanding of their mission as well as to assess the overall impact of the operation to [the] AFP [Armed Forces of the Philippines] goals and objectives.