IHL SHORT REVIEWER

How does a bill become a law? 

1. Drafting of Bill

2. First Reading

3. Committee Action

4. Committee Report and 2nd reading

5. 3rd Reading ​​

6. Transimittal to the other house

7. Bicameral Conference Committee ( only if needed)

8. Enrollment and Submission to the President

9. Presidential Action

10. Publication and Effectivity

What are the sources of Philippine Law? 

1. The 1987 Philippine Constitution – The supreme law of the land.

2. Statutes – Laws enacted by Congress.

   3. Administrative Rules and Regulations – Issued by executive agencies to implement laws.

   4. Judicial Decisions – Especially those of the Supreme Court (doctrine of stare decisis).

   5. Customs – Long-established practices recognized as binding when not contrary to law, public order, or policy.

What is Stare Decisis

to stand by things decided

What is Doctrinal and En Banc?

• Not all judicial decisions take effect as a law, only if it is DOCTRINAL 

• Doctrinal = established legal principles, rules, and doctrines derived from sources like statutes, case law, and scholarly works

• EN BANC = all 15 supreme justices are in favor → takes effect as law 

• En banc = law is doctrinal 

What are the two theories? 

1. Monism 

   1. International law and domestic law is integrated 

2. Dualism ; doctrine/ principle of incorporation 

   1. International law and domestic law is separate 

What is IHL? 

International Humanitarian Law

• is a set of rules that, for humanitarian reasons, seeks to limit the effects of armed conflict. It protects persons who are not or are no longer participating in hostilities and restricts the means and methods of warfare. Also known as the Law of Armed Conflict or Law of War.

Hierarchy of Laws 

1. 1987 Constitution

2. Statutes (Laws enacted by Congress)

3. Treaties (with Senate concurrence)

4. Presidential Decrees / Executive Orders

5. Administrative Rules and Regulations

6. Municipal Ordinances

7. Customary Law (when applicable and not contrary to law)

International Sources of Law

1. Treaties and Conventions – Formal agreements with other states or international bodies.

2. International Customs – General practice accepted as law.

3. General Principles of Law – Common to major legal systems.

4. Judicial Decisions and Teachings – Subsidiary means for determining international rules.

Major Products of IHL ?

laws of armed conflict 

1. Geneva : protects individuals involved in war 

2. Hague: methods of warfare

Scope of IHL 

International Armed Conflict	State vs state
Non international armed conflict	State vs armed group

IAC VS NIAC

1. International Armed Conflicts (IACs):

• Between two or more States

• Even without a formal declaration of war

• Examples: Invasions, cross-border attacks, airstrikes, etc.

2. Non-International Armed Conflicts (NIACs):

• Between a State and a non-State armed group, or between such groups within a State

• Must meet certain thresholds:

• Protracted fighting ( Prolonged)

• Organized armed groups with command structure

• Examples: Civil wars, insurgencies like the Moro or Communist conflicts in the Philippines

What does IHL NOT cover?

NOT Covered by IHL:

Internal disturbances, like riots, protests, or isolated acts of violence

These are governed instead by human rights law and domestic law, not IHL

IHL ( Intl. Humanitarian Law) vs IHRL (Intl. Human Rights law)

What are examples of Customary Laws?

1. Code of Hammurabi - Mesopotamia

2. Laws of Manu - India

3. Sharia - islamic law

4. Art of War - Sun Tzu ( China)

3 core issues in the case of Yamashita

1. command responsibility

   • being commander, he is viable to all subordinates, even if he did not personally do the crime

2. jurisdiction : military court vs civil court

3. due process : 2 types

• substantive

• procedural

2 types of Due process

1. substantive: for law/ act to be applied, it must be substantially fair

   • gravity of offense + gravity of penalty = comensurate, then the penalty is substanially equal to the act committed

2. procedural: institutionalized mechanisms at play to process, lobby, channel the case

background of 1899 , 1907 Hague convention

BACKGROUND: 19th Century

1. Growing devastation caused by wars in Europe: mostly about nationalism, independence, and balance of power.

2. Rise of humanitarian movements

3. Technological advances in weaponry (machine guns, explosives) created a need to regulate warfare.

4. Czar Nicholas II of Russia initiated the first Hague Conference in 1899, primarily to discuss disarmament and the limitation of arms.

who is Czar Nicholas II?

1. Czar Nicholas II of Russia initiated the first Hague Conference in 1899, primarily to discuss disarmament and the limitation of arms.

What was the gorwing devastation caused by wars in europe mostly about?

Growing devastation caused by wars in Europe: mostly about nationalism, independence, and balance of power.

What are the wars in europe that led Czar Nicholas to Initiate a Hugue Convention?

1. Napoleonic Wars

2. Crimean War

3. Wars of Italian Unification

4. Wars of German Unification

1. Napoleonic Wars

2. Crimean War

3. Wars of Italian Unification

4. Wars of German Unification

explain all

1. Napoleonic Wars (1803–1815): Napoleon wanted to dominate Europe and spread revolutionary ideals; other monarchies tried to stop him.

Countries involved: France (under Napoleon Bonaparte) vs. Britain, Austria, Prussia, Russia, Spain, Portugal, and others.

2. 2.Crimean War (1853–1856): Control over territories of the declining Ottoman Empire and access to the Black Sea/Mediterranean.

Countries involved: Mainly in the Crimean Peninsula (on the Black Sea, now part of Ukraine), but also in the Black Sea, the Baltic, and the Caucasus.

Crimea is disputed territory (annexed by Russia in 2014, internationally recognized as part of Ukraine).

3. Wars of Italian Unification (Risorgimento, 1848–1871): Unifying small Italian states into one nation (Italy).

Countries involved: Kingdom of Sardinia-Piedmont + Italy’s revolutionaries vs. Austria (main rival), later with support from France and Prussia.

4. Wars of German Unification (1864–1871): Unifying German states under Prussia (no longer exists as a country today), excluding Austria.

Prussia began as a small duchy on the southeast coast of the Baltic Sea (in modern-day Poland/Russia; it grew into a powerful kingdom (1701–1918) and became the leading state of Germany.  apital: Berlin; known for: strong army, efficient government, and militarism.

The First Hague Peace Conference (1899) achieved what?

1. Convention for the Pacific Settlement of International Disputes (1899)

   • Permanent Court of Arbitration (PCA). Good Offices and Mediation. nternational Commissions of Inquiry.

2. Convention on the Laws and Customs of War on Land

   • This was the first major codification of the law of land warfare.

3. Three Key Declarations (1899)

   1. banning Dum Dum bullets

   2. banning Asphyxiating Gases

   3. banning Projectiles from Balloons

Three Key Declarations (1899)

1. Declaration concerning Expanding Bullets (“Dum-Dum” bullets)

• States agreed “to abstain from the use of bullets which expand or flatten easily in the human body.”

2. Declaration concerning Asphyxiating Gases

• Prohibited projectiles designed to diffuse asphyxiating or deleterious gases. Early attempt to ban chemical warfare.

3. Declaration concerning Projectiles from Balloons

• Prohibited launching projectiles/explosives from balloons or by other new methods of a similar nature, for a period of five years, because hot air balloons had just started to be militarized At first, balloons were just used for science and leisure (since the late 18th century). By the 19th century, armies realized they could use balloons for:

  Reconnaissance → observing enemy positions from the sky.

  Communication → sending signals or dropping messages.

  Bombing experiments → dropping explosives from balloons.

  Delegates worried that these “new air weapons” would cause indiscriminate destruction (bombs falling blindly from the sky on civilians).

What was the 1907 Hague convention?

• updated 1899

• discussed belligerents and neutrals

Continuing the work of the 1899 Hague Peace Conference.

Dates: June 15 – October 18, 1907.

Participants: 44 states (more than in 1899, reflecting rising global participation).

Aim: To update and expand the laws of war and neutrality, especially in light of new technologies (submarines, airplanes, modern artillery, etc.) and lessons from recent wars (like the Russo-Japanese War, 1904–1905).

Achievements of 1907 Hague convention

1. Convention I – Peaceful Settlement of International Disputes: Established the Permanent Court of Arbitration (PCA).

2. Convention II – Limitation of Employment of Force for Recovery of Contract Debts: States shouldn’t use armed force to collect debts unless arbitration fails.

3. Convention III – Opening of Hostilities: Required states to formally declare war before commencing hostilities.

4. Convention IV – Laws and Customs of War on Land: Expanded 1899 rules.

   1. A.Rights and duties of belligerents and neutrals.

   2. A.Rules on military occupation (Art. 42–56).

   3. A.Treatment of civilians and private property (prohibited pillage).

5. A.Prisoners of war protections.

6. Rules of Occupation (Convention IV):

   1. Art. 42: A territory is considered occupied when it is actually placed under the authority of the hostile army. Occupation only applies to areas where such authority is established and can be exercised. Example: If a foreign army controls a city, that city is “occupied.”

   2. Occupier cannot annex the territory just by occupation

7. ( naa pa until Convention XIII basaha nlng)

geneva law vs Hague law

1. Hague : conduct of war, rules of warfare

   1. Hague Conventions (1899 and 1907): Primarily regulate the conduct of warfare itself, including the means and methods of fighting, rights and duties of belligerents and neutrals, and rules of occupation.

2. Geneva : protections of individuals in war

   1. Geneva Conventions (first adopted in 1864, expanded later): Primarily focus on the protection of individuals affected by armed conflict — such as wounded and sick soldiers, prisoners of war, and civilians.

where were the geneva and hague conventions held, and why there?

1. geneva; SWITZERLAND, because of strategic location (geographically)

   1. Geneva (Switzerland):

      A historic hub for diplomacy and humanitarian initiatives.

      Home to the International Committee of the Red Cross (ICRC).

      Known for its role in international organizations, high quality of life, and strategic location at the heart of Europe.

2. hague; NETHERLANDS, because of neutrality principle

   1. The Hague (Netherlands):

      Known as the “International City of Peace and Justice.”

      Hosts major institutions such as the International Court of Justice (ICJ) and the International Criminal Court (ICC).

      A global center for diplomacy, international law, and peace negotiations.

What is the battle that inspired Geneva ?

Origins: Battle of Solferino (1859)

The Morning of June 24, 1859, northern italy

• The Battle of Solferino was not only a military turning point in Italian unification. It became a moral turning point for the world.

  For the first time, humanity collectively recognized that even in war, there must be limits — rules to protect those who suffer most.

  From the blood-soaked fields of Solferino was born the idea that compassion must march alongside conflict.

What book was published, and by who? ( inspired by the battle of solferino)

A Memory of Solferino

Dunant could not forget what he saw. Three years later, he published his book, A Memory of Solferino, describing in vivid detail the horror of the battlefield. But he didn’t just tell a story — he offered a vision:

Every nation should have voluntary relief societies to help the wounded in war.

International agreements should guarantee neutrality for doctors, nurses, and the wounded.

This book sparked the creation of the International Red Cross and led to the First Geneva Convention of 1864 — the foundation of modern humanitarian law.

Who is Henry _____? What did he contribue?

1. Wrote A Memory of Solferino

2. Founder of Red Cross

   1. International Committee of the Red Cross (ICRC): was founded in Geneva, 1863, after Henry Dunant’s experience at the Battle of Solferino. It became the neutral guardian of the Geneva Conventions and remains one of the most respected humanitarian organizations worldwide.

3. Creation of Geneva Convention

1864 Geneva Convention produced what?

1. 1864 – First Geneva Convention: Convention for the Amelioration of the Condition of the Wounded in Armies in the Field.

   Key points: Neutrality of medical staff, hospitals, ambulances; protection of wounded soldiers.

   1. Neutrality – Medical staff must not be targeted or interfered with.

      ·  Non-Combatant Immunity – Wounded and sick soldiers who are hors de combat (out of battle) must not be attacked.

      ·  Perfidy – is deception during armed conflict where one side pretends to act in good faith (protected by IHL) in order to betray and attack the enemy.

      It is basically “treachery in war” — misusing trust to gain a military advantage.

      Misusing the Red Cross emblem to launch attacks (prohibited).

What is Republic Act No. 9851 (2009) ?

1. Republic Act No. 9851 (2009) – Philippine Act on Crimes Against International Humanitarian Law (IHL), Genocide, and Other Crimes Against Humanity

2. Incorporates Geneva Conventions into Philippine penal law.

   Section 4 – Defines and penalizes “war crimes,” including:

   Attacks against hospitals, ambulances, and medical staff displaying the Red Cross/Red Crescent emblem.

   Denial of medical assistance to the wounded and sick.

3. ·  Doctrine of Incorporation – Geneva rules are automatically part of Philippine law.

What did the 1906 (second) geneva convention achieve?

1906 – Second Geneva Convention: Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field, revised and expanded from 1864

Use of the Red Cross emblem formalized as protective symbol.

What did the 19269 (third) geneva convention achieve?

1929 – Third Geneva Convention: Addressed the treatment of Prisoners of War (POWs).

Humane treatment of POWs (no torture, no humiliation).

·  Adequate food, shelter, medical care.

·  POWs may not be forced into combat.

·  Communication with families through the ICRC.

explain 1949 – The Four Geneva Conventions (Modern Core):

(all four (I-IV) were revised/ adopted and form the modern core of IHL

Adopted after World War II horrors (Holocaust, civilian massacres, bombings); now almost universally ratified.

Convention I: Wounded and sick in armed forces in the field.

Grave breaches: willful killing, torture, inhuman treatment of wounded soldiers.

Medical neutrality: protection of hospitals, ambulances, Red Cross.

Convention II: Wounded, sick, and shipwrecked in armed forces at sea.

Shipwrecked combatants = protected persons

Rescue obligations by naval forces

Convention III: Treatment of Prisoners of War.

Combatant privilege – lawful combatants who fall into enemy hands are not criminals merely for fighting.

Convention IV: Protection of Civilians in wartime.

1. Civilian Immunity:  Civilians shall not be the object of attack.

2. Prohibition of Collective Punishment Principle: You cannot punish an entire community for the acts of a few.

3. Deportation and Forced Transfer = War Crimes

4. Protection of Occupied Territories: an occupying power has duties, not absolute sovereignty.

what is Trusteeship model

(occupier is a caretaker, not sovereign); the occupier does not gain ownership of the territory; it acts as a trustee or caretaker until hostilities end or a political settlement is reached.

what is Perfidy?

Perfidy – is deception during armed conflict where one side pretends to act in good faith (protected by IHL) in order to betray and attack the enemy.

It is basically “treachery in war” — misusing trust to gain a military advantage.

what is   Non-Combatant Immunity

Wounded and sick soldiers who are hors de combat (out of battle) must not be attacked.

what is POW?

prisoners of war

waht is hors de combatant

• hors de combat (out of battle) must not be attacked.

what is non refoulment

person at risk of being attatcked in home country, and flees to another country to seek asylum. this person should not be sent back to home country

Jus Ad Bellum vs Jas In Bello

1. Jus Ad Bellum refers to the conditions that are considered as permissible to have the right to go to war. 

2. Jus in Bello refers to the conduct of warfare, or the right to conduct war, concerned with the proportionality of force and morality of war in regards to the differentiation of combatants and civilians.