Saturday, December 12, 2009

R.A. No. 9851; war crimes, genocide.

This week Philippine Pres. Gloria Arroyo signed into law Republic Act No. 9851 penalizing war crimes, genocide and other violations of international humanitarian law. I will digest and analyze its text next week as soon as the law is published. Meanwhile, read below a news alert on the abovementioned matter.

As a former professor of public international law at Far Eastern University, Manila, I am delighted about this legal development. In the light of the notorious history of heinous human rights violations in the Philippine countryside, where communist and Muslim rebellions have taken their toll on the economic progress of the country since the 1960s, the new law, at least in spirit and intent, will theoretically protect the rights and security of innocent civilians who are exposed to internal armed conflicts (that is, if the executive branch and its generals are ready to enforce the law against themselves).


Arroyo signs law against war crimes
By TJ Burgonio
Philippine Daily Inquirer
First Posted 02:44:00 12/12/2009


MANILA, Philippines – President Gloria Macapagal- -Arroyo enacted Friday a law penalizing war crimes, genocide and other crimes against humanity and creating special courts to try cases against local or foreign suspects.
RA 9851 is consistent with principles of international law, including the Hague Convention of 1907, the Geneva Convention on the protection of victims of war and international humanitarian law.

“The most serious crimes of concern to the international community as a whole must not go unpunished and their effective prosecution must be ensured by taking measures at the national level, in order to put an end to impunity for perpetrators of these crimes, and thus contribute to the prevention of these crimes,” it said.
RA 9851 imposes a penalty of reclusion temporal and a fine ranging from P100,000 to P500,000 on any person found guilty of any of these crimes.
The head of a state, a member of parliament or a government official is not exempt from criminal liability, according to the law.

See:
http://newsinfo.inquirer.net/breakingnews/nation/view/20091212-241562/Arroyo-signs-law-against-war-crimes