Philippine releases international humanitarian law committee guidelines

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Alexis Romero - The Philippine Star

April 14, 2025 | 12:00am

MANILA, Philippines — The Marcos administration has released the implementing guidelines of the executive order that created an inter-agency committee on International Humanitarian Law (IHL).

Executive Order 77, which was signed by Executive Secretary Lucas Bersamin by the authority of President Marcos on Nov. 22, 2024, formed the Inter-Agency Committee on IHL to comply with the Philippines’ global commitments on human rights.

The document containing the guidelines of the order was posted on the Official Gazette last Friday.

The guidelines contain mechanisms, standards and procedures to ensure the effective implementation of the order, which aims for a substantive coordination and cooperation on IHL issues.

The guidelines said the institutionalization of the Inter-Agency Committee on IHL fulfills a core pledge made by the Philippines during the 33rd International Conference of the Red Cross and Red Crescent in 2019. The conference adopted a resolution to encourage states, including the Philippines, to form their respective national committees to assist authorities in implementing the IHL within their jurisdictions.

The inter-agency committee was tasked to advise and assist relevant government authorities in implementing, developing and raising public awareness regarding IHL. It is also expected to formulate and implement year-round programs and activities for the promotion of IHL and other relevant treaties and instruments to which the Philippines is a part, including the commemoration of IHL Day every Aug. 12.

Other functions of the committee include studying and submitting recommendations to concerned agencies regarding the effective implementation of the IHL, coordinating with government agencies, civil society, academics and other stakeholders on promoting compliance with the IHL, monitoring compliance of agencies with IHL, reporting violations to relevant authorities and providing guidelines on specific issues like protection of children during armed conflict.

The secretaries of the defense and foreign affairs departments will serve as co-chairs of the committee while the heads of the interior and local government, justice, social welfare, trade and health departments, military, police, coast guard, National Commission on Indigenous Peoples, Commission on Higher Education, Office of the Presidential Adviser on Peace, Reconciliation and Unity and Presidential Human Rights Committee Secretariat will serve as its members.

A technical working group will help the committee perform its mandate and carry out functions covering thematic areas – education training and advocacy; monitoring and reporting; IHL development on current and emerging issues, and inter-agency coordination and legal advisory.

The committee shall designate the Commission on Human Rights, Philippine Red Cross and International Committee of the Red Cross as permanent observers.

It is expected to have regular quarterly meetings to be conducted either in person or hybrid and special meetings may be called when deemed necessary.

Under the guidelines, the committee shall strive to reach a consensus when making decisions. If a consensus cannot be reached, a majority vote of all members is required. If a decision has implications on vulnerable sectors or groups, coordination and consultation should be made with concerned agencies and stakeholders.

The funding for the implementation of the order creating the Inter-Agency Committee on IHL shall be sourced from current and available appropriations of member agencies. After the initial funding, future funding requirements will be part of the budget proposals of the member agencies.

The guidelines also allow the committee to negotiate and receive external funding, including grants from foreign government agencies and offices, international organizations and non-government organizations for the implementation of its functions, subject to the provisions of an Office of the President memorandum circular on requests for authority to negotiate or sign international, foreign loan and grant agreements and guarantees.

The guidelines also require the committee to develop mechanisms to monitor respect for IHL, track IHL-related activities and programs and regularly assess the effectiveness of programs and activities.

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