Philippine law on crimes against humanity

Renounces war as a national policy instrument.
Adopts generally accepted principles of international law as part of Philippine law.
Emphasizes peace, equality, justice, freedom, cooperation, and amity.
Values human dignity; guarantees full respect for human rights including vulnerable groups.
State’s responsibility to resolve armed conflict and promote "Children as Zones of Peace".
Adopts Hague Conventions (1907), Geneva Conventions (1949), and international humanitarian law as national law.
Ensures prosecution of international crimes to prevent impunity.
Guarantees fair and prompt trials according to national and international fair trial standards.
Protects victims, witnesses, and families; provides redress and gender-sensitive avenues for redress.
Application does not affect legal status of conflict parties or imply belligerency recognition.

Defines essential terms: Apartheid, arbitrary deportation, armed conflict, armed forces, attack against civilians, effective command and control, enforced disappearance, enslavement, extermination, forced pregnancy, hors de combat, military necessity, non-defended locality, no quarter, perfidy, persecution, protected persons, superior, torture, works containing dangerous forces.
Clarifies context and scope in armed conflict and humanitarian law.

Enumerates war crimes in international and non-international armed conflicts covering grave breaches of Geneva Conventions.
Prohibits willful killing, torture, inhuman treatment, destruction or appropriation of property without military necessity.
Bans arbitrary deportation, hostage-taking, compelling POWs to serve hostile forces, unjustifiable delays in repatriation.
Covers serious violations like attacks on civilians, civilian objects, medical units, humanitarian missions.
Prohibits unlawful attack on undefended localities, killing hors de combat persons, misuse of flags/uniforms.
Forbids sexual violence, starvation as method of warfare, recruitment of child soldiers, use of prohibited weapons.

Defines genocide as acts intended to destroy, in whole or part, groups based on national, ethnic, racial, religious, social, or similar identity.
Prohibited acts: killing members, causing serious harm, imposing destructive conditions, preventing births, forcible child transfers.
Criminalizes direct and public incitement to genocide.

Lists acts when committed as part of widespread or systematic civilian attacks: willful killing, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution, enforced disappearance, apartheid, other grave inhumane acts.

Punishment ranges from reclusion temporal (medium to maximum) and fines of Php 100,000–500,000.
Extreme gravity crimes (death, serious injury, rape) attract reclusion perpetua and fines up to Php 1,000,000.
Incitement to genocide penalized with minimum prision mayor and fines.
Courts to order forfeiture of proceeds and impose accessory penalties, especially for public officers.

Criminal liability as principal includes direct commission, ordering, participation, or contribution with intent or knowledge.
Accomplices liable for aiding or assisting crimes.
Attempts punishable unless voluntary abandonment occurs.
Official capacity does not exempt liability; immunities under Philippine or international law apply only as specifically prescribed.
Superiors criminally liable for failure to prevent or punish crimes by subordinates.
Crimes do not prescribe; no statute of limitations.
Following unlawful orders not a defense if orders were manifestly unlawful, especially genocide or crimes against humanity.

Courts to safeguard safety, dignity, privacy of victims and witnesses considering age, gender, health.
May hold in camera proceedings or use special means for evidence presentation.
Views of victims to be heard as circumstances permit.
Prosecution may withhold evidence risking witness security, providing summaries instead, respecting fair trial.

Courts shall follow principles of restitution, compensation, rehabilitation.
May order reparations directly against convicted persons.
Victims’ and convicted persons’ representations considered before reparations orders.
Does not prejudice rights under existing laws.

Courts guided by: 1948 Genocide Convention; 1949 Geneva Conventions and Additional Protocols; 1954 Hague Convention; 1989 CRC and Optional Protocol; customary international law; international court decisions; human rights instruments; other ratified treaties; publicists and commentaries.

Philippine jurisdiction over crimes under this Act if:
- Accused is Filipino; or
- Accused present in the Philippines; or
- Crime committed against Filipino.
May defer to international tribunals or foreign courts where appropriate.
Regional Trial Court has exclusive original jurisdiction; judgments appealable.
Supreme Court to designate special courts.
Prosecutors, investigators specially designated; required training in human rights and international law ensured.