REPUBLIC ACT NO 9851

The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity nacted !ecem"er ##, $%%& Outline of RA 9851 I. Some Principles and State Policies a' (enounces war as an instrument o) national policy "' *alues human dignity and guarantees )ull respect )or human rights c' Adheres to a policy o) peace, e+uality, ,ustice, )reedom, cooperation and amity with all nations d' Adopts the generally accepted principles in international law e' nds impunity )or perpetrators o) crimes against IH)' Guarantees a )air and prompt trial )or those accused o) crimes against IHL g' !oes not a))ect the legal status o) the parties to a con)lict nor does it gi.e an implied recognition o) the status o) "elligerency/ II. Crimes against IHL !enocide and Ot"er Crimes Against Humanit# a' 0ho are the persons protected "y IHL i' Ci.ilians, especially children who are protected )rom recruitment1conscription ii' Persons Hors de combat iii' Prisoners o) parties to the armed con)lict or persons who ha.e surrendered i.' 2edical, humanitarian missions .' (eligious personnel o) armed )orces, pro.ided this is their e3clusi.e )unction .i' Com"atants under 4ec'56c7 "' Genocide i' An act or acts intended to destroy, in whole or in part a national, ethnic, racial, religious, social or any other similar sta"le and permanent group "y/ 8 -illing or causing serious "odily or mental harm 8 !eli"erately in)licting on the group conditions o) li)e calculated to "ring a"out its physical destruction 8 Pre.enting child"irths 8 9orci"ly trans)erring children o) the group to another group ii' It shall "e unlaw)ul )or any person to directly and pu"licly incite others to commit genocide iii' lements o) Genocide 64ection :7/ #' Act is targeted towards ethnic, racial, religious or similar group $' Act is done with the intention o) destroying the group, whether physically or psychologically,

culturally, emotionally and not merely indi.idual mem"ers ;' Act is any o) those enumerated in the law i.' !istinction )rom 0ar Crimes 8 Act can "e perpetrated "y anyone, not limited to state actors or non8state actors )rom organi<ed groups, or to any particular conte3t such as armed con)lict 8 Inciting others to commit any o) the acts constituting genocide is punisha"le "y itsel) e.en without the acts o) genocide ha.ing "een committed c' Other crimes against humanity i' Any o) the )ollowing acts committed as part o) a widespread or systematic attac= directed against any ci.ilian population/ 8 0ill)ul =illing, e3termination, en)orced or in.oluntary disappearance o) persons 8 Imprisonment, ensla.ement 8 Torture 8 (ape, se3ual sla.ery, en)orced prostitution, )orced pregnancy, en)orced sterili<ation, or any other )orm o) se3ual .iolence 8 Persecution against any identi)ia"le group "ased on political, racial, national, ethnic, cultural, religious, gender, se3ual orientation or other grounds 8 Ar"itrary deportation or )orci"le trans)er o) population> apartheid 8 Other inhumane acts o) a similar character intentionally causing great physical or mental su))ering or in,ury ii' lements o) the Crime 64ec'?7 #' The act is directed to any portion o) the ci.ilian population as part o) a widespread, systematic attac= $' The act is among those enumerated "y law ;' Perpetrator may "e anyone iii' !istinctions )rom war crimes #' Act can "e perpetrated "y anyone, not limited to state actors or non8state actors or non8state actors )rom organi<ed groups $' Conte3t is not in armed con)lict "ut rather a systematic or widespread attac= against any ci.ilian population, which may or may not "e done in an armed con)lict situation d' Penalties i' *iolations o) 4ections 5, : and ? o) the law shall "e punisha"le "y reclusion temporal in its medium to ma3imum period and a )ine ranging )rom One hundred thousand pesos 6P#%%,%%%7 to 9i.e hundred thousand pesos6P:%%,%%%7

ii' 0hen ,usti)ied "y e3treme gra.ity, especially where the crime results in death, serious physical in,ury or may "e considered rape and considering the circumstances o) the accused, the penalty imposed shall "e reclusion perpetua and a )ine ranging )rom 9i.e hundred thousand pesos 6P:%%,%%%7 to One million pesos 6P#,%%%,%%%7 iii' There shall "e corresponding accessory penalties when the o))ender is a pu"lic o))icer III. $"o ma# %e lia%le for crimes against R.A. 9851 A' 0ho may "e lia"le )or crimes against ('A' &@:#/ a' 4tate actors 6A9P, PAP7 and Aon8state actors 6CPP8APA8A!9 or other re"el groups recogni<ed "y the go.ernment ali=e "' Only a sitting President is immune )rom prosecution under this Act as well as a person speci)ically granted immunity "y international law, "ut only in accordance with the law granting immunity B' Command (esponsi"ility a' A superior may "e held criminally lia"le )or the actions o) his1her su"ordinates i)/ i' The superior either =new or was in a position to =now that the crime was "eing or a"out to "e committed ii' That the superior )ailed to pre.ent the commission or to ha.e the matter in.estigated or prosecuted "y the competent authorities a)ter its commission "' A su"ordinate may "e held criminally lia"le )or his actions unless/ i' The person was under a legal o"ligation to o"ey orders o) the go.ernment or the superior in +uestion ii' The person did not =now that the order was unlaw)ul and the order was not mani)estly unlaw)ul I&. 'o Immunit# &. (ntitlement of &ictims a' *ictims are entitled to/ i' Protection during the prosecution o) such o))enses ii' (eparations )rom the perpetrator &I. ()C a' 4ome practices co.ered "y IHL i' -illing o) ci.ilians ii' !estruction o) ci.ilian property iii' (ecruitment o) children i.' !isplacement o) persons "' ))ect on CHernande< !octrineD i' *iolation o) IHL is an o))ense speci)ic to armed con)lict situations' I) death, serious physical in,ury or rape results )rom the acts constituting .iolation o) IHL, the ma3imum penalty 6reclusion perpetua7 may "e imposed and the o))ense "e considered non8 "aila"le

ii' *iolation o) IHL cannot "e a"sor"ed in the crime o) re"ellion as, precisely, it ta=es place in the conte3t o) armed con)lict c' Aota"le )eatures o) the law i' This law unli=e many other human rights8related laws may "e applied to state or non8state actors ii' The law aggressi.ely pushes )or the protection o) the complaining .ictims and their witnesses iii' Prescription does not apply to any o)) the o))enses under this law