Law Summary
Declaration of Principles and State Policies
- Philippines renounces war as national policy.
- Adopts international law principles as part of national law.
- Emphasizes peace, justice, equality, freedom, cooperation, and amity.
- Protects dignity and human rights of all, including vulnerable groups.
- State responsibility to resolve armed conflicts and promote "Children as Zones of Peace".
- Adopts Hague Conventions (1907), Geneva Conventions (1949) and related international humanitarian laws.
- Ensures prosecution of serious international crimes to prevent impunity.
- Guarantees fair trial rights for suspects, protection for victims/witnesses, and accessible gender-sensitive redress.
- Act's provisions do not affect legal status of conflict parties or imply belligerency recognition.
Definition of Terms
- Defines key terms such as apartheid, armed conflict (international and non-international), armed forces, attack against civilian population, effective command and control, enforced disappearance, enslavement, extermination, forced pregnancy, hors de combat, military necessity, non-defended locality, perfidy, persecution, protected persons, superior, torture, and works/installations containing dangerous forces.
- Terms clarify scope and application of criminal liability and protections under the Act.
War Crimes
- Covers grave breaches of the Geneva Conventions in international and non-international armed conflicts.
- Lists specific war crimes such as willful killing, torture, unlawful property destruction, unfair trial deprivation, hostage taking, recruiting child soldiers, unlawful attacks on civilians, protected persons, cultural sites, and humanitarian missions, perfidy acts, pillaging, sexual violence, starvation as warfare, and employment of prohibited weapons.
- Establishes accountability regardless of the nature of conflict or military necessity.
Genocide
- Defines genocide as acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or similar group.
- Enumerates genocidal acts including killing, causing serious harm, destruction of living conditions, prevention of births, and forcible transfer of children.
- Criminalizes direct and public incitement to genocide.
Other Crimes Against Humanity
- Defines crimes against humanity as widespread or systematic attacks on civilian populations.
- Lists offenses such as willful killing, extermination, enslavement, forced displacement, unlawful imprisonment, torture, sexual violence, persecution, enforced disappearances, apartheid, and other severe inhumane acts causing great suffering.
Penalties
- Provides penalties ranging from medium to maximum reclusion temporal and fines (Php 100,000 to Php 500,000) for crimes under Sections 4-6.
- Imposes reclusion perpetua and higher fines (Php 500,000 to Php 1,000,000) for extreme crimes causing death, serious injury, or rape.
- Penalizes incitement to genocide with prision mayor and smaller fines.
- Orders forfeiture of crime proceeds and applies accessory penalties for public officials.
Principles of Criminal Liability
- Establishes individual liability for committing, ordering, soliciting, or intentionally contributing to crimes.
- Defines accomplice liability for aiding or facilitating crime commission.
- Provides liability for attempts unless voluntary abandonment of criminal purpose occurs.
Irrelevance of Official Capacity
- Official status (head of state, official, etc.) does not exempt from criminal responsibility or reduce penalty.
- National immunities do not bar jurisdiction except constitutional immunity for Philippine President during tenure.
- International law immunities apply only within limits under international law.
Responsibility of Superiors
- Superiors held liable for crimes of subordinates when they knew or should have known of crimes and failed to prevent or punish.
Non-prescription
- Crimes under this Act are not subject to any statute of limitations.
Orders from a Superior
- Following orders does not exempt liability unless the person was legally obliged to obey, did not know the order was unlawful, and order was not manifestly unlawful.
- Orders to commit genocide or crimes against humanity are always manifestly unlawful.
Protection of Victims and Witnesses
- Courts must protect victims' and witnesses' safety, dignity, and privacy considering age, gender, health.
- May conduct in camera proceedings or allow special evidence presentation.
- Victims’ views to be considered during trial stages without prejudicing fair trial rights.
- Prosecution may withhold evidence endangering witnesses prior to trial.
Reparations to Victims
- Courts may order restitution, compensation, rehabilitation to victims.
- May define scope of damage and make reparations orders against convicted persons.
- Victims and accused may present representations before reparations order.
Applicability of International Law
- Philippine courts guided by Genocide Convention (1948), Geneva Conventions (1949) and Protocols, Hague Convention on cultural property, CRC and Optional Protocol on children in armed conflict, customary international law, international court rulings, human rights instruments, and other treaties ratified by the Philippines.
Suppletory Application of Other Laws
- Revised Penal Code and other laws apply supplementarily to fill gaps or complement this Act.
Jurisdiction
- Philippine courts exercise jurisdiction over crimes regardless of where committed if accused is Filipino, or present in Philippines, or crime committed against a Filipino.
- Investigation or prosecution may be deferred if another jurisdiction is already prosecuting.
- Foreign nationals tried abroad for same crimes and acquitted or served sentence may not be prosecuted again in Philippines.
Philippine Courts, Prosecutors, and Investigators
- Regional Trial Courts have original and exclusive jurisdiction.
- Judgments appealable to Court of Appeals and Supreme Court.
- Special courts designated by Supreme Court for these crimes.
- Relevant agencies to assign prosecutors and investigators.
- Training in human rights, international humanitarian, and criminal law mandated.
Separability Clause
- Invalidity of any part of the Act does not affect other provisions.
Repealing Clause
- Laws inconsistent with this Act are repealed or modified accordingly.
Effectivity
- Act takes effect 15 days after publication in Official Gazette or two newspapers of general circulation.