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First Regular Session 
1 
Introduced by Senator Richard J. Gordon 
EXPLANATORY NOTE 
Throughout the centuries, millions of children, women and men all over the world have been 
victims of unimaginable atrocities that shock the collective conscience of humanity. 
Philippine history is not spared from such atrocities. Such acts are grave crimes that 
threaten the peace, security and well-being of the world, and yet only a handful of those 
responsible for those crimes have ever been brought to justice by local courts. 
The Philippines, in “[adopting] the generally-accepted principles of international law as part 
of the law of the land and [adhering] to the policy of peace, equality, justice, freedom, 
cooperation and amity with all nations” (1987 Constitution, Article 11, Section 2) must punish 
such crimes against the fundamental global order. While crimes against humanity under 
international law are already part of the law of the land (see Kuroda v. Jalandoli 83 Phil 
171), there nevertheless is a need to codify these crimes within the domestic legal system 
to fully comply with Philippine obligations under various treaties and convention, keep pace 
with developments in the definition of international criminal law, and more importantly, to 
insure that those who commit war crimes, genocide, and crimes against humanity are not 
afforded impunity for their acts. 
The bill draws on the 1998 Rome Statute of International Criminal Law, the 1948 Genocide 
Convention, the 1949 Geneva Conventions and their 1977 Additional Protocols, the Hague 
Conventions of 1899 and 1907, the 1954 Hague Convention for the Protection of Cultural 
Property in the Event of Armed Conflict, the 1989 Convention of the Rights of the Child, and 
the 1994 Convention on the Safety of the United Nations and Associated personnel, as 
codifications of, or evidence of, customary international law on the matter. 
At present, the Philippines has ratified the 1949 Geneva Conventions and the 1977 
Additional Protocol 11, the 1948 Genocide Convention, the 1968 Convention of the 
Applicability of Statutory Limitations to War Crimes, and the 2000 Optional Protocol to the 
1989 Convention on the Rights of the Child, among others. It has signed but not yet ratified 
the Rome Statute, 1977 Additional Protocol I, and the 1954 Hague Convention for the 
Protection of Cultural Property and its 1999 Second Protocol among others. While these 
treaties have yet to be ratified, this does not bar our sovereign Congress from adopting 
certain provisions thereof as part of our national legislation in the exercise of its plenary 
legislative power, as an expression of its commitment to international justice, and to ensure 
that the most serious crimes against humanity as a whole do not go unpunished. Likewise, 
we may use such instruments as evidence of customary law on the matter. 


This bill is a result of the collaboration of the Department of Foreign Affairs (DFA), Office of 
the United Nations and International Organizations (UNIO), then under Assistant Secretary 
Rosalinda V. Tirona and the Philippine National Red Cross (PNRC) National IHL 
International Committee of the Red Cross and Red Crescent Societies (ICRC) Manila Head 
of Delegation and the ICRC Regional Legal Adviser in Bangkok. 
The approval of this bill is therefore most earnestly sought. 
RICHARD J. GORDON 
Senator 


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REPUBLIC OF THE PHILIPPINES 
1 
Firsf Regular Session 
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Introduced by Senator Richard J. Gordon 
AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN 
LAW AND OTHER SERIOUS INTERNATIONAL CRIMES, OPERATIONALIZING UNIVERSAL 
JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR RELATED PURPOSES 
Be if enacfed by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
PART 1. INTRODUCTORY PROVISIONS 
SECTION 1. Short Title. This Act shall be known as the “Philippine Act on Crimes Against 
International Humanitarian Law and Other Serious International Crimes.” 
Sec. 2 Declaration of Principles and State Policies. 
A. The Philippines renounces war as an instrument of national policy, adopts the generally 
accepted principles of international law as part of the law of the land and adheres to a 
policy of peace, equality, justice, freedom, cooperation, and amity with all nations. 
B. The State values the dignity of every human person and guarantees full respect for 
human rights, including the rights of indigenous cultural communities and other 
vulnerable groups. 
C. The principles, rules and regulations of the Hague Conventions and the Geneva 
Conventions on warfare and international humanitarian law form part of the law of our 
nation. 
D. The most serlous 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 the perpetrators of these crimes 
and thus contribute to the prevention of such crimes, it being the duty of every State to 
exercise its criminal jurisdiction over those responsible for international crimes. 
E. The State shall guarantee persons suspected or accused of grave crimes under 
international law all rights necessary to ensure that their trials will be fair and prompt in 
strict accordance with international law and standards for fair trials. It shall also protect 


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victims, witnesses and their families, and provide appropriate redress to victims and 
their families. 
PART 2. DEFINING AND PENALIZING THE MOST SERIOUS 
CRIMES OF INTERNATIONAL CONCERN 
Sec. 3. War Crimes. War crimes, or crimes against international humanitarian law (IHL), are 
hereby defined and penalized as follows: 
A. 
For the purpose of this Act, "war crimes" applicable in both international and non- 
international armed conflict means: 
1. 
Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the 
following acts against persons or property protected under the provisions of the 
relevant Geneva Convention: 
(a) 
Willful killing; 
(b) 
Torture or inhuman treatment, including biological experiments; 
(c) Willfully causing great suffering, or serious injury to body or health; 
(d) 
Extensive destruction and appropriation of property, not justified by military 
necessity and carried out unlawfully and wantonly; 
(e) Willfully depriving a protected person of the rights of fair and regular trial; 
(f) 
Taking of hostages. 
(9) Launching an attack against works or installations containing dangerous forces 
in the knowledge that such attack will cause excessive loss of life, injury to 
civilians or damage to civilian objects, and causing death or serious injury to 
body or health; 
(h) 
Making non-defended localities and demilitarized zones the object of attack, and 
causing death or serious injury to body or health; and 
2. 
Other serious violations of the laws and customs applicable in armed conflict, within 
the established framework of international law, namely, any of the following acts: 
Intentionally directing attacks against the civilian population as such or against 
individual civilians not taking direct part in hostilities; 
Intentionally directing attacks against civilian objects, that is, objects which are 
not military objectives; 
Intentionally directing attacks against buildings, material, medical units and 
transport, and personnel using the distinctive emblems of the Geneva 
Conventions in conformity with international law; 
Intentionally directing attacks against personnel, installations, material, units or 
vehicles involved in a humanitarian assistance or peacekeeping mission in 


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accordance with the Charter of the United Nations, as long as they are entitled 
to the protection given to civilians or civilian objects under the international law 
of armed conflict; 
Intentionally launching an attack in the knowledge that such attack will cause 
incidental loss of life or injury to civilians or damage to civilian objects or 
widespread, long-term and severe damage to the natural environment which 
would be clearly excessive in relation to the concrete and direct military 
advantage anticipated; 
Attacking or bombarding, by whatever means, towns, villages, dwellings or 
buildings which are undefended and which are not military objectives; 
Killing or wounding a combatant who, having laid down his arms or having no 
longer means of defense, has surrendered at discretion; 
Making improper or perfidious use of a flag of truce, of the flag or of the military 
insignia and uniform of the enemy or of the United Nations, as well as of the 
distinctive emblems of the Geneva Conventions or other protective signs under 
international humanitarian law, resulting in death , serious personal injury or 
capture; 
Intentionally directing attacks against buildings dedicated to religion, 
education, art, science or charitable purposes, historic monuments, hospitals 
and places where the sick and wounded are collected, provided they are not 
military objectives; 
Subjecting persons who are in the power of an adverse party to physical 
mutilation or to medical or scientific experiments of any kind, or to removal of 
tissue or organs for transplantation, which are neither justified by the medical, 
dental or hospital treatment of the person concerned nor carried out in his or 
her interest, and which cause death to or seriously endanger the health of 
such person or persons; 
Killing, wounding or capturing an adversary by resort to perfidy; 
Declaring that no quarter will be given; 
Destroying or seizing the enemy’s property unless such destruction or seizure 
be imperatively demanded by the necessities of war; 
Pillaging a town or place, even when taken by assault; 
Ordering the displacement of the civilian population for reasons related to 
the conflict, unless the security of the civilians involved or imperative military 
reasons so demand; 


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Committing outrages upon personal dignity, in particular humiliating and 
Degrading treatment; 
Committing rape, sexual slavery, enforced prostitution, forced pregnancy, 
enforced sterilization, or any other form of sexual violence also constituting a 
grave breach of the Geneva Conventions; 
Utilizing the presence of a civilian or other protected person to render certain 
points, areas or military forces immune from military operations; 
Intentionally directing attacks against buildings, material, medical units and 
transport, and personnel using the 
distinctive emblems of the Geneva 
Conventions in conformity with international law; 
Intentionally using starvation of civilians as a method of warfare by depriving 
them of objects indispensable to their survival, including willfully impeding 
relief supplies as provided for under the Geneva Conventions; 
Conscripting, enlisting or recruiting children under the age of eighteen years 
into the national armed forces or using them to participate actively in 
hostilities. 
Employing poison or poisoned weapons; 
Employing asphyxiating, poisonous or other gases, and all analogous liquids, 
materials or devices; 
Employing bullets which expand or flatten easily in the human body, such as 
bullets with a hard envelope which does not entirely cover the core or is 
pierced with incisions; 
Employing weapons, projectiles and material and methods of warfare which 
are of a nature to cause superfluous injury or unnecessary suffering or which 
are inherently indiscriminate in violation of the international law of armed 
conflict; 
6. In case of a non-international armed conflct, serious violations of Article 3 common to 
the four Geneva Conventions of 12 August 1949, namely, any of the following acts 
committed against persons taking no active part in the hostilities, including members of 
armed forces who have laid down their arms and those placed hors de cornbaf by sickness, 
wounds, detention or any other cause: 
1. 
Violence to life and person, in particular murder of all kinds, mutilation, cruel 
treatment and torture; 


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2. 
Committing outrages upon personal dignity, in particular humiliating and 
degrading treatment; 
The passing of sentences and the carrying out of executions without previous 
judgment pronounced by a regularly constituted court, affording all judicial 
guarantees which are generally recognized as indispensable. 
3. 
Taking of hostages; 
4. 
C. 
In case of an infernafional armed conflict, the following grave breaches and serious 
violations of the laws and customs applicable in international armed conflict, within the 
established framework of international law, namely any of the following acts: 
1. 
Killing or wounding treacherously individuals belonging to the hostile nation or 
army; 
Compelling a prisoner of war or other protected person to serve in the forces of 
a hostile Power; 
Compelling the nationals of the hostile party to take part in the operations of 
war directed against their own country, even if they were in the belligerent's 
service before the commencement of the war; 
Unlawful deportation or transfer or unlawful confinement; 
The transfer, directly or indirectly, by the Occupying Power of parts of its own 
civilian population into the territory it occupies, or the deportation or transfer of 
all or parts of the population of the occupied territory within or outside this 
territory; 
Declaring abolished, suspended or i,nadmissible in a court of law the rights 
and actions of the nationals of the hostile party; 
Willfully depriving a prisoner of war of the rights of fair and regular trial; 
Unjustifiable delay in the repatriation of prisoners of war or civilians. 
2. 
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a. 
D. 
The foregoing provisions applicable to non-international armed conflicts shall not 
apply to situations of internal disturbances and tensions, such as riots, isolated and 
sporadic acts of violence or other acts of a similar nature, as not being armed conflicts. 
E. 
Nothing in the foregoing provisions shall be invoked for the purpose of affecting the 
sovereignty of the State or the responsibility of the government to maintain or re-establish 
law and order in the State or to defend the national unity and territorial integrity of the State, 
by all means that are lawful under national and international law. 
F. 
parties to the conflict. 
The application of the preceding provisions shall not affect the legal status of the 


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G. 
Any person who commits any war crime as defined above shall suffer the main 
penalty of imprisonment for a specified number of years within a range from 15 to 30 years. 
When justified by the extreme gravity of the crime, especially where it results in deaths 
andlor serious bodily injuries, and by the individual circumstances of the convicted person, 
the Court may impose a term within a range from 30 to 40 years. 
Sec. 4. Genocide. Genocide is hereby defined and penalized as follows: 
A. 
For the purpose of this Act, "genocide" means any of the following acts committed 
with intent to destroy, in whole or in part, a national, ethnical, racial, religious, 
political, social or any similar stable and permanent group, as such: 
1. Killing members of the group; 
2. Causing serious bodily or mental harm to members of the group; 
3. Deliberately inflicting on the group conditions of life calculated to bring about its 
physical destruction in whole or in part; 
4. Imposing measures intended to prevent births within the group; 
5. Forcibly transferring children of the group to another group. 
6. Any person who commits genocide as defined above shall suffer the main penalty of 
imprisonment for a specified number of years within a range from 15 to 30 years. 
When justified by the extreme gravity of the crime, especially where it results in 
deaths andlor serious bodily injuries, and by the individual circumstances of the 
convicted person, the Court may impose a term within a range from 30 to 40 years. 
Sec. 5. Crimes Against Humanity. Crimes against humanity are hereby defined and 
penalized as follows: 
A. 
For the purpose of this Act, "crime against humanity" means any of the following acts 
when committed as part of a widespread or systematic attack directed against any 
civilian population, with knowledge of the attack: 
1. Murder; 
2. Extermination; 
3. Enslavement; 
4. Deportation or forcible transfer of population; 
5. Imprisonment or other severe deprivation of physical liberty in violation of 
fundamental rules of international law; 
6. Torture; 


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7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced 
sterilization, or any other form of sexual violence of comparable gravity; 
8. 
Persecution against any identifiable group or collectivity on political, racial, 
national, ethnic, cultural, religious, gender, or other grounds that are universally 
recognized as impermissible under international law, in connection with any act 
referred to in this paragraph or any crime within the jurisdiction of the Court; 
9. Enforced disappearance of persons; 
IO. The crime of apartheid; 
11. Other inhumane acts of a similar character intentionally causing great suffering, 
or serious injury to body or to mental or physical health. 
B. For the purpose of paragraph A: 
1. "Attack directed against any civilian population" means a course of conduct involving 
the multiple commission of acts referred to in paragraph A against any civilian 
population, pursuant to or in furtherance of a State or organizational policy to 
commit such attack; 
2. "Extermination" includes the intentional infliction of conditions of life, inter alia the 
deprivation of access to food and medicine, calculated to bring about the 
destruction of part of a population; 
3. "Enslavement" means the exercise of any or all of the powers attaching to the right 
of ownership over a person and includes the exercise of such power in the course 
of trafficking in persons, in particular women and children; 
4. "Deportation or forcible transfer of population" means forced displacement of the 
persons concerned by expulsion or other coercive acts from the area in which they 
are lawfully present, without grounds permitted under international law; 
5. "Torture" means the intentional infliction of severe pain or suffering, whether physical 
or mental, upon a person in the custody or under the control of the accused; except 
that torture shall not include pain or suffering arising only from, inherent in or 
incidental to, lawful sanctions; 
6. "Forced pregnancy" means the unlawful confinement of a woman forcibly made 
pregnant, with the intent of affecting the ethnic composition of any population or 
carrying out other grave violations of international law. This definition shall not in 
any way be interpreted as affecting national laws relating to pregnancy; 
7. "Persecution" means the intentional and severe deprivation of fundamental rights 
contrary to international law by reason of the identity of the group or collectivity; 


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8. "The crime of apartheid" means inhumane acts of a character similar to those 
referred to in paragraph A, committed in the context of an institutionalized regime of 
systematic oppression and domination by one racial group over any other racial 
group or groups and committed with the intention of maintaining that regime; 
9. "Enforced disappearance of persons" means the arrest, detention or abduction of 
persons by, or with the authorization, support or acquiescence of, a State or a 
political organization, followed by a refusal to acknowledge that deprivation of 
freedom or to give information on the fate or whereabouts of those persons, with the 
intention of removing them from the protection of the law for a prolonged period of 
time. 
C. For the purpose of this Act, it is understood that the term "gender" refers to the two 
sexes, male and female, and also to those of gay, lesbian and other sexual orientations, 
within the context of society. The term "gender" does not indicate any meaning different 
from the above. 
D. Any person who commits a crime against humanity as defined above shall suffer the 
main penalty of imprisonment for a specified number of years within a range from 15 to 30 
years. When justified by the extreme gravity of the crime, especially where it results in 
deaths and/or serious bodily injuries, and by the individual circumstances of the convicted 
person, the Court may impose a term within a range from 30 to 40 years. 
Sec. 6. Additional Penalties. In addition to the main penalty of imprisonment imposed 
above, the Court may order a commensurate fine under established criteria; and/or a forfeiture of 
proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the 
rights of bona fide third parties. The Court shall also impose the corresponding accessory 
penalties under the Revised Penal Code, especially where the offender is a public officer. 
PART 3. SOME PRINCIPLES OF CRIMINAL RESPONSIBILITY 
Sec. 7. Non-Diminution of international Law. Nothing in this Act shall be interpreted as 
limiting or prejudicing in any way existing or developing rules of international law for purposes other 
than this Act. 
Sec. 8. lndividual Criminal Responsibility. In addition to existing provisions in Philippine 
law on principles of criminal responsibility, the following principles shall also be applied: 
A. The appropriate Philippine Courts shall have jurisdiction over natural persons pursuant 
to this Act. 
8. A person who commits a crime within the jurisdiction of the Court shall be individually 
responsible and liable for punishment in accordance with this Act. 


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C. In accordance with this Act, a person shall be criminally responsible and liable for 
punishment for a crime within the jurisdiction of the Court if that person: 
1. 
2. 
3. 
4. 
5. 
6. 
Commits such a crime, whether as an individual, jointly with another or through 
another person, regardless of whether that other person is criminally responsible; 
Orders, solicits or induces the commission of such a crime which in fact occurs or 
is attempted; 
For the purpose of facilitating the commission of such a crime, aids, abets or 
otherwise assists in its commission or its attempted commission, including 
providing the means for its commission; 
In any other way contributes to the commission or attempted commission of such 
a crime by a group of persons acting with a common purpose. Such contribution 
shall be intentional and shall either: 
(i) 
Be made with the aim of furthering the criminal activity or criminal purpose of 
the group, where such activity or purpose involves the commission of a 
crime within the jurisdiction of the Court; or 
(ii) 
Be made in the knowledge of the intention of the group to commit the crime; 
In respect of the crime of genocide, directly and publicly incites others to commit 
genocide; 
Attempts to commit such a crime by taking action that commences its execution by 
means of a substantial step, but the crime does not occur because of 
circumstances independent of the person's intentions. However, a person who 
abandons the effort to commit the crime or otherwise prevents the completion of 
the crime shall not be liable for punishment under this Act for the attempt to 
commit that crime if that person completely and voluntarily gave up the criminal 
purpose. 
D. No provision in this Act relating to individual criminal responsibility shall affect the 
responsibilify of States under international law. 
Sec. 9. irrelevance of Official capacity. 
This Act shall apply equally to all 
persons without any distinction based on official capacity. In particular, official capacity as a 
Head of State or Government, a member of a Government or parliament, an elected 
representative or a government official shall in no case exempt a person from criminal 
responsibility under this Act, nor shall it, in and of itself, constitute a ground for reduction of 
sentence. Immunities or special procedural rules which may attach to the official capacity 
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of a person, whether under national or international law, other than the established 


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constitutional immunity from suit of the Philippine President during hidher tenure, shall not 
bar the Court from exercising its jurisdiction over such a person. 
Sec. 10. Responsibility of Commanders and Other Superiors. In addition to other 
grounds of criminal responsibility for crimes defined and penalized under this Act: 
A. A military commander or person effectively acting as a military commander shall be 
criminally responsible for such crimes committed by forces under his or her effective 
command and control, or effective authority and control as the case may be, as a result 
of his or her failure to exercise control properly over such forces, where: 
1. 
That military commander or person eitber knew or, owing to the circumstances 
at the time, should have known that the forces were committing or about to 
commit such crimes: and 
That military commander or person failed to take all necessary and reasonable 
measures within his or her power to prevent or repress their commission or to 
submit the matter to the competent authorities for investigation and 
prosecution. 
2. 
B, With respect to superior and subordinate relationships not described in paragraph A, a 
superior shall be criminally responsible for such crimes committed by subordinates 
under his or her effective authority and control, as a result of his or her failure to 
exercise control properly over such subordinates, where: 
1. The superior either knew, or , owing to the circumstances at the time, should 
have known that the subordinates were committing or about to commit such crimes; 
and 
2. 
The superior failed to take all necessary and reasonable measures within his or 
her power to prevent or repress their commission or to submit the matter to the 
competent authorities for investigation and prosecution. 
Sec. 11. Non-Applicability of Statute of Limitations. The crimes defined and penalized 
under this Act, their prosecution, and the execution of sentences imposed on their account, shall 
not be subject to any statute of limitations. 
Sec. 12. Superior Orders. The fact that a crime defined and penalized under this Act has 
been committed by a person pursuant to an order of a government or of a superior, whether 
military or civilian, shall not relieve that person of criminal responsibility unless: 
A. The person was under a legal obligation to obey orders of the government or the 
superior in question; 
B. The person did not know that the order was unlawful; and 


1 
C. The order was not manifestly unlawful. 
For the purposes of this section, orders to commit genocide or crimes against humanity are 
manifestly unlawful. 
PART 4. PROVISIONS FOR VICTIMS AND WITNESSES 
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Sec. 13. Protection of Victims and Witnesses. In addition to existing provisions in 
Philippine law and procedural rules for protection of victims and witnesses, the following measures 
shall be undertaken: 
A. Philippine courts shall take appropriate measures to protect the safety, physical and 
psychological well-being, dignity and privacy of victims and witnesses. In so doing, the 
Court shall have regard to all relevant factors, including age, gender, and health, and 
the nature of the crime, in particular, but not limited to, where the crime involves sexual 
or gender violence or violence against children. The Prosecution shall take such 
measures particularly during the investigation and prosecution of such crimes. These 
measures shall not be prejudicial to or inconsistent with the rights of the accused and a 
fair and impartial trial. 
6. As an exception to the general principle of public hearings, the Court may, to protect the 
victims and witnesses or an accused, conduct any part of the proceedings in camera or 
allow the presentation of evidence by electronic or other special means. In particular, 
such measures shall be implemented in the case of a victim of sexual violence or a 
child who is a victim or is a witness, unless otherwise ordered by the Court, having 
regard to all the circumstances, particularly the views of the victim or witness. 
C. Where the personal interests of the victims are affected, the Court shall permit their 
views and concerns to be presented and considered at stages of the proceedings 
determined to be appropriate by the Court in a manner which is not prejudicial to or 
inconsistent with the rights of the accused and a fair and impartial trial. Such views and 
concerns may be presented by the legal representatives of the victims where the courts 
considers it appropriate in accordance with the established rules of procedure and 
evidence. 
D. Where the disclosure of evidence or information pursuant to this Act may lead to the 
grave endangerment of the security of a witness or his or her family, the Prosecution 
may, for the purposes of any proceedings conducted prior to the commencement of the 
trial, withhold such evidence or information and instead submit a summary thereof. 


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Such measures shall be exercised in a manner which is not prejudicial to or 
inconsistent with the rights of the accused and a fair and impartial trial. 
Sec. 14. Reparations to Victims. In addition to existing provisions in Philippine law and 
procedural rules for reparations to victims, the following measures shall be undertaken: 
A. The Court shall follow principles relating to reparations to, or in respect of, victims, 
including restitution, compensation and rehabilitation. On this basis, in its decision, the 
Court may, either upon request or on its own motion in exceptional circumstances, 
determine the scope and extent of any damage, loss and injury to, or in respect of, 
victims and will state the principles on which it is acting. 
B. 
The Court may make an order directly against a convicted person specifying 
appropriate reparations to, or in respect of, victims, including restitution, compensation 
and rehabilitation. 
C. Before making an order under this section, the Court may invite and shall take account 
of representations from or on behalf of the convicted person, victims or other interested 
persons. 
D. Nothing in this section shall be interpreted as prejudicing the rights of victims under 
national or international law. 
PART 5. RELATIONSHIP WITH OTHER LAWS 
Sec. 15. Relationship with lnternational Law. In the application and interpretation of this 
Act, Philippine Courts shall be guided by the following instruments, developments and references 
in international law: 
A. The 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I & I I ;  
B. The 1954 Hague Convention for the Protection of Cultural Property in the Event of 
Armed Conflict and its 1999 Second Protocol; 
C. Customary international humanitarian law; 
D. The 1948 Genocide Convention; 
E. The 2000 Optional Protocol to the 1989 Convention on the Rights of the Child on the 
Involvement of Children in Armed Conflict; 
F. The 1998 Rome Statute of the International Criminal Court, its Elements of Crimes, and 
its Rules of Procedure and Evidence; 
G. International criminal law jurisprudence from various international criminal tribunals; 
H. Relevant and applicable international human rights instruments and jurisprudence, 
mainly from the United Nations system; and 


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J. Teachings of the most highly qualified publicists and authoritative commentaries on the 
foregoing sources as subsidiary means for the determination of rules of law. 
Sec. 16. Relationship with Military Law. The application of military law to persons 
subject to military law for acts which may be constitutive of crimes under this Act shall be without 
prejudice to the investigation, prosecution and trial of said persons for crimes under this Act. 
PART 6. JURISDICTION AND COURTS 
Sec. 17. Universal Jurisdiction. 
The State shall exercise jurisdiction over persons, 
whether military or civilian, suspected or accused of the crimes defined and penalized in this 
Statute, including Philippine forces on peace-keeping, combat or similar missions abroad, no 
matter where these crimes occurred, even if they took place in the territory of another state, 
involved suspects or victims who are not nationals or residents of the State, or posed no direct 
threat to the State's own particular security interests. 
However, in any of the latter cases, Le. if the crimes took place in the territory of another 
state, involved suspects or victims who are not nationals or residents of the State, or posed no 
direct threat to the State's own particular security interests, the relevant Philippine national 
authorities may dispense with prosecuting a crime punishable under this Act and in lieu thereof 
transfer suspected or accused persons in the Philippines to the appropriate international court, if 
any, or to another state which may prosecute or be prosecuting the crime due to some link with 
that state. 
Sec. 18. Philippine Courts, Prosecufors and Investigators. The Regional Trial Courts 
of the Philippines shall have original and exclusive jurisdiction over the international crimes 
punishable under this Act. Their judgments may be appealed or elevated to the Court of Appeals 
and to the Supreme Court under the existing system of jurisdiction of Philippine courts. 
The appropriate instrumentalities of the State, namely the Supreme Court, the Department 
of Justice and the Commission on Human Rights, shall respectively designate special courts, 
prosecutors and investigators to investigate, prosecute and try, as the case may be, crimes under 
this Act. 
The special courts refer to designated branches of the Regional Trial Court and 
designated divisions of the Court of Appeals. 
The State shafl ensure that judges, prosecutors and investigators, especially those 
designated for purposes of this Act, receive effective training in human rights, international 
humanitarian law and international criminal law. 


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PART 7. FINAL PROVISIONS 
Sec. 19. Repealing Clause. All laws, presidential decrees and issuances, executive 
orders, rules and regulations or parts thereof inconsistent with the provisions of this Statute are 
hereby repealed or modified accordingly. 
Sec. 20. Separability Clause. If, for any reason or reasons, any part or provision of this 
Statute shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not 
affected thereby shall continue to be in full force and effect. 
SEC. 21. Effectivity. This Act shall take effect fifteen (15) days after its publication in two 
national newspapers of general circulation. This publication shall not be later seven (7) days after 
the approval hereof. 
Approved,