FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHEPPINES 
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First Regular Session 
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SENATE 
%No. 1861 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
In the last century, millions of children, women, and men have been victims of 
unimaginable atrocities that deeply shock the conscience of humanity. These include 
genocide, war crimes, and crimes against humanity which are defined as the systematic 
or widespread crimes directed against the civilian population and include such acts as 
mass rape, sexual slavery, torture, and enforced disappearances. The Philippines has 
suffered such atrocities in the course of a number of armed conflicts, both international 
and local. These grave crimes threaten the peace, security, and well-being of the 
international community, but sadly, only a handful of the crimes' perpetrators have ever 
been brought to justice by national courts. Although the Philippines has ratified several 
international humanitarian law treaties including the 1949 Geneva Conventions and 
Additional Protocol 11, and numerous international human rights treaties, there is no 
municipal law defining and penalizing these serious crimes which would allow national 
courts to acquire criminal jurisdiction over these acts. 
According to the International Committee of the Red Cross Advisory Service on 
International Humanitarian Law, "Criminal legislation is the most appropriate and 
effective means of dealing with all serious violations of international humanitarian law." 
States continue to bear the primary obligation to implement international humanitarian 
law, and prevent and punish violations of it. This bill seeks to fulfill that obligation. 
This bill adopts the framework of international humanitarian law and international 
criminal law conventions in order to benefit from the progressive developments in the 
international sphere of law. By adopting the wording of these treaties, the Philippines can 


refer to international jurisprudence in interpreting and applying particular provisions of 
the source international treaty. 
Any development of higher international human rights standards should be 
' welcomed as an impetus to improve Philippine human rights standards. Thus, this bill 
proposes the adoption of international principles of criminal responsibility and proposes 
the operationalization of universal jurisdiction. By providing all national courts with 
universal jurisdiction over grave crimes under international law, an integrated system of 
investigation and prosecution of crimes under international law will he established. This 
will help to eventually eliminate safe havens for the perpetrators and end impunity. 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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ivov 12 :';:'i\ 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL 
HUMANITARIAN LAW AND OTHER SERIOUS INTERNATIONAL CRIMES, 
ADOPTING CORRESPONDING PRINCIPLES OF CRIMINAL RESPONSIBILITY, 
APPLYING UNIVERSAL JURISDICTION, 
AND DESIGNATING SPECIAL COURTS 
Be it enacted by the-Senate and the House of Representatives of the Philippines in 
Congress assembled: 
PART 1. INTRODUCTORY PROVISIONS 
ARTICLE 1 
Short Title 
This Act shall be known as the "Philippine Statute on Crimes Against 
International Humanitarian Law." 
ARTICLE 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. 
(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. 
@) The most serious crimes of concern to the international community as a whole 
must not go unpunished and their effective prosecution must be ensured by taking 
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measures at the national level, in order to put an end to impunity of the perpetrators of 
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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 to 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 victims, witnesses and their families, and provide appropriate redress to 
victims and their families. 
PART 2. THE MOST SERIOUS CRIMES OF INTERNATIONAL CONCERN 
ARTICLE 3 
Genocide 
The international crime of genocide shall be punishable under this Statute. For the 
purpose of this Statute, “genocide” means any of the following acts committed with 
intent to destroy, in whole or in part, a national, ethical, racial, religious, political, social 
or any similar stable and permanent group, such as: 
(A) Killing members of the group; 
(B) Causing serious bodily or mental harm to members of the group; 
(C) Deliberately inflicting on the group conditions of life calculated to bring about 
its physical destruction in whole or in part; 
(D)Imposing measures intended to prevent births within the group; 
(E) Forcibly transferring children of the group to another group. 
ARTICLE 4 
Crimes Against Humanity 
(A) Crimes against humanity shall be punishable under this Statute. For the 
purpose of this Statute, “crimes 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; 
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(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; 
(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 collectively on political, 
racial, national, ethnic, cultural, religious, gender as defined in 
paragraph (C), 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; 
(10) 
The crime of apartheid; 
(1 1) 
Other inhumane acts of 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; 
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(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 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; 
(8) “The crime of apartheid” means inhumane acts o€ 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 
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information on the fate or whereabouts of those persons, with the 
intention of removing them from the protection of the law for a 
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prolonged period of time. 
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(C) For the purpose of this Statute, it is understood that the term “gender” refers 
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to the two sexes, male and female, and also to those of gay, lesbian, and other sexual 
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meaning different from the above. 
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ARTICLE 5 
War crimes 
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(a) willhl killing; 
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military necessity 
and carried out unlawfully and wantonly; 
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fair and regular trial; 
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(h) taking of hostages. 
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(2) Other serious violations of the laws and customs applicable in 
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international armed conflict, within the established framework of 
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(A) War crimes shall be punishable under this statute. 
(B) For the purpose of this Statute, “war crimes” 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: 
(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 
(e) compelling a prisoner of war or other protected person of the rights of 
(0 willfully depriving a prisoner of war or other protected person of the 
rights of fair and regular trial; 
(g) unlawful deportation or transfer or unlawhl confinement; 
international law, namely, any of the following acts: 
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(a) intentionally directing attacks against the civilian population as such or 
against individual civilians not taking part in hostilities; 
@) intentionally directing attacks against civilian objects, that is, objects 
which are not military objectives; 
(c) intentionally directing attacks against personnel, installations, material, 
units or vehicles involved in a humanitarian assistance or 
peacekeeping mission in 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; 
(d) 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 overall military advantage anticipated; 
(e) attacking or bombarding, by whatever means, towns, villages, 
dwellings or buildings which are undefended and which are not military 
objectives; 
(0 killing or wounding a combatant who, having laid down his arms or no 
longer having means of defense, has surrendered at discretion; 
(8) making improper or perfidious use of a flag of truce, of the flag or of 
the military insignia or uniform of the enemy or of the United Nations, 
as well as of the distinctive emblems of the Geneva Conventions, 
resulting in death, serious personal injury or capture; 
(h) the transfer, directly or indirectly, by the Occupying Powers o f  parts of 
its own civilian population into the territory it occupies, or the 
deportation or transfer of all of the parts of the population of the 
occupied territory within or outside this territory; 
(i) intentionally directing attacks against buildings dedicated to religion, 
education, art, science, or charitable purposes, historic monuments, 
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hospitals and places where the sick and wounded are collected, 
provided they are not military objectives; 
6) 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 caused death 
to or seriously endanger the health of such person or persons; 
(k) killing or wounding treacherously individuals belonging to the hostile 
nation or army; 
(1) declaring that no quarter will be given; 
(m) destroying or seizing the enemy’s property unless such destruction or 
seizure be imperatively demanded by the necessities of war; 
(n) declaring abolished, suspended or inadmissible in a court of law the 
rights and actions of the nationals of the hostile party; 
(0) 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; 
(p) pillaging a town or place, even when taken by assault; 
(4) employing poison or poisoned weapons; 
(r) employing asphyxiating, poisonous or other gases, and all analogous 
liquids, materials or devices; 
(s) 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; 
(t) 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, provided that such weapons, 
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projectiles and materials and methods of warfare are the subject of a 
comprehensive prohibition and are included in an annex to this Statute; 
(u) committing outrages upon personal dignity, in particular humiliating 
and degrading treatment; 
(v) 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; 
(w) utilizing the presence of a civilian or other protected person to render 
certain points, areas or military forces immune from military 
operations; 
(x) 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; 
(y) 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; 
(z) conscripting or enlisting children under the age of eighteen years into 
the national armed forces or using them to participate actively in 
hostilities; 
(aa) The following ‘acts when committed willfully and in violation of the 
relevant provisions of the 1949 Geneva Conventions or the 1977 
Additional Protocol I: 
(i) 
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, 
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(ii) 
making non-defended localities and demilitarized zones the 
object of attack, and causing death or serious injury to body 
or health; and 
unjustifiable delay in the repatriation of prisoners of war or 
civilians. 
(iii) 
(3) In the case of an armed conflict not of an international character, 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 
combat by sickness, wounds, detention or any other cause: 
(a) Violence to life and person, in particular murder of all kinds, 
mutilation, cruel treatment and tortye; 
(b) Committing outrages upon personal dignity, in particular humiliating 
and degrading treatment; 
(c) Taking of hostages; 
(d) 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. 
(4) Paragraph (B)(3) applies to armed conflicts not of an international 
character and thus 
does 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. 
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(5) Other serious violations of the laws and customs applicable in armed 
conflicts not of an international character, within the established 
framework of international law, namely, any of the following acts: 
(a) Intentionally directing attacks against the civilian population as such 
or against individual civilians not taking direct part in hostilities; 
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(b) 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; 
(c) Intentionally directing attacks against personnel, installations, 
material units or vehicles involved in a humanitarian assistance or 
peacekeeping mission in 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; 
(d) 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 axe not military objectives; 
(e) Pillaging a town or place, even when taken by assault; 
(9 Committing rape, sexual slavery, enforced prostitution, forced 
pregnancy, as defined in Article 4, enforced sterilization, and any 
other form of sexual violence also constituting a serious violation of 
Article 3 common to the four Geneva Conventions; 
(g) Conscripting or enlisting children under the age of 18 years into 
m e d  forces or groups or using them to participate actively in 
hostilities; 
(h) 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; 
(i) Killing or wounding treacherously a combatant adversary; 
(i) Declaring that no quarter will be given; 
(k) Subjecting persons who are in the power of another party to the 
conflict to physical mutilation or to medical or scientific experiments 
of any kind which are neither justified by the medical, dental or 
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hospital treatment of the person concerned nor carried out in his or 
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her interest, and which cause death to or seriously endanger the 
health of such person or persons; 
(1) Destroying or seizing the property of an adversary unless such 
destruction or seizure be imperatively demanded by the necessities 
of the conflict; 
(6) Paragraph (B)(5) applies to armed conflicts not of an international 
character, and thus, does 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. It applies to armed conflicts that take place 
in the territory of a State when there is protracted armed conflict 
between governmental authorities and organized armed groups or 
between such groups. 
(C) Nothing in paragraph (B)(3) and (5) shall affect the responsibility of a 
Government to maintain or re-establish law and order in the State or to defend the unity 
and territorial integrity of the Stale, by all legitimate means. 
ARTICLE 6 
Scope of Application 
(A) Notwithstanding the categorization of war crimes and grave breaches into 
those applicable in international armed conflict and those applicable in internal armed 
conflict in this and other articles, there shall be no such distinction in scope of application 
where acts committed in internal armed conflict would be qualified as war crimes and 
grave breaches if committed in international armed conflict. This non-distinction in scope 
of application shall likewise apply to other articles like Article 7 and 8 derived from rules 
of international amed conflict. 
(El) This statute shall cover Philippine forces on peace-keeping, combat or similar 
missions abroad with the same non-distinction in scope of application where acts 
committed in internal armed conflict would be qualified as war crimes and grave 
breaches if committed in international amed conflict. 
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PART 3. OTHER CRIMES AGAINST HUMANITARIAN LAW 
ARTICLE 7 
Misuse and Abuse of the Red Cross and Other Protective Emblems 
In addition to the war crimes under Article. 5, paragraph B(2)(g), the Court shall 
have jurisdiction over the following prohibitions on the misuse and abuse of the red cross 
and other protective emblems, in cases not resulting in death, serious physical injury or 
capture: 
(A) The use by individuals, societies, firms or companies either public or private, 
other than those entitled thereto under the 1949 Geneva Conventions, of the emblem or 
the designation ”Red Cross” or “Geneva Cross,” or any sign or designation constituting 
an imitation thereof, whatever the object of such use, and irrespective of the date of its 
adoption, shall be prohibited at all times. 
(B) It is in particular prohibited to display the said emblem or words on signs, 
posters, announcements, leaflets or commercial documents, or to affix them to goods or 
packaging, or to sell, offer for sale or place in circulation goods thus marked. 
(C) By reason o€ the tribute paid to Switzerland by the adoption of the reversed 
Federal colors, and of the confusion which may arise between the arms of Switzerland 
and the distinctive emblem of the Convention, the use by private individuals, societies or 
firms, of the arms of the Swiss Confederation, of marks constituting and imitation 
thereof, whether as trademarks or commercial marks, or as parts of such marks, or for a 
purpose contrary to commercial honesty, or in circumstances capable of wounding Swiss 
national sentiment, shall be prohibited at all times. 
(D) It is prohibited to make use of the distinctive emblem of the United Nations, 
except as authorized by that Organization. 
ARTICLE 8 
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Violations Against Cultural Property and Places of Worship 
(A) In addition to the war crimes under Article 5, paragraph (B)(2)(i), the Court 
shall have jurisdiction over violations against cultural property and places of worship in 
the event of armed conflict, as follows: 
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(1) committing any acts of hostility directed against the historic monuments, 
works of art or places of worship which constitute the cultural or spiritual 
heritage of peoples; 
(2) using such objects in support of the military effort; and 
(3) making such objects the objects of reprisals. 
(B) Punishable under this Statute, when committed willfully and in violation of 
the 1949 Geneva Conventions or the 1977 Additional Protocol I, is making the clearly- 
recognized historic monuments, works of art or places of worship which constitute the 
cultural or spiritual heritage of peoples and to which special protection has been given by 
special arrangement, for example, within the framework of a competent international 
organization, the object of attack, causing as a result extensive destruction thereof, where 
there is no evidence of using such objects in support of the military effort by the adverse 
party, and when such historic monuments, works of art and places of worship are not 
located in the immediate proximity of military objectives; 
(C) Any person commits an offense within the meaning of the 1999 Second 
Protocol to the 1954 Hague Convention for the Protection of Cultural Property if that 
person intentionally and in violation of the Convention and this Protocol commits any of 
the following acts, and which shall be punishable under this Statute: 
(1) making cultural property under enhanced protection the object of attack; 
(2) using cultural property under enhanced protection or its immediate 
surroundings in support of military action; 
(3) extensive destruction or appropriation of cultural property protected under the 
Convention and this Protocol; 
ARTICLE 9 
Violations Against the Involvement of Children in Armed Conflict 
In addition to the war crimes under Article 5, paragraph (B)(2)(z) and (B)(5)(g), 
the Court shall have jurisdiction over violations against the involvement of children of 
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children in m e d  conflict when committed during peace time. The armed forces of the 
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State as well as other armed groups shall not, under any circumstances, recruit or use in 
hostilities persons under the age of 18 years. 
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PART 4. PENALTIES 
ARTICLE 10 
Range of Penalties for Crimes under Part 2 
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The main penalty of imprisonment for crimes under Part 2 shall be for a specified 
number of years within a range from fifteen (15) to thirty (30) years. When justified by 
the extreme gravity of the crime and the individual circumstances of the convicted 
person, the Court may impose a term within a range from thirty (30) to forty (40) years. 
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ARTICLE 1 1 
Range of Penalties for Crimes under Part 3 
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(A) The main penalty of imprisonment for crimes under Article 7 shall be for a 
specified number of years within a range from one (1) to five (5) years. 
(B) The main penalty of imprisonment for crimes under Article 8 shall be for a 
specified number of years within a range from five (5) to fifteen (15) years. 
(C) The main penalty of imprisonment for crimes under Article 9 shall be for a 
specified number of years within a range from one (1) to ten (IO) years. 
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ARTICLE 12 
Additional Penalties 
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and/or 
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In addition to imprisonment, the Philippine Court may order: 
(A) a fine under the criteria provided for in the Rules of Procedure and Evidence; 
(B) a forfeiture of proceeds, property and assets derived directly or indirectly 
from that crime, without prejudice to the rights of bona fide third parties. 
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ARTICLE 13 
Determination of the Sentence 
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(A) In determining the sentence, the Court shall, in accordance with the Rules of 
Procedure and Evidence, take into account such factors as the gravity of the crime and the 
individuai circumstances of the convicted person. 
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(B) In imposing a sentence of imprisonment, the Court shall deduct the time, if 
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any, previously spent in detention in accordance with an order of the Court. The Court 
may deduct any time otherwise spent in detention in connection with conduct underlying 
the crime, 
(C) When a person has been convicted of more than one crime, the Court shall 
pronounce a sentence for each crime and a joint sentence specifying the total period of 
imprisonment. This period shall be no less than the highest individual sentence 
pronounced and shall not exceed forty (40) years. 
PART 5. PRINCIPLES OF CRIMINAL RESPONSIBILITY 
ARTICLE 14 
Elements of Crimes 
Elements of Crimes of the Rome Statue of the International Criminal Court (ICC) 
shall assist Philippine Courts in the interpretation and application of Articles 3,4 and 5. 
ARTICLE 15 
Non-Diminution of International Law 
Nothing in this Statute shall be interpreted as limiting or prejudicing in any way 
existing or developing rnles of international law for purposes other than this Statute. 
ARTICLE 16 
Ne Bis In Idem 
(A) Except as provided herein, no person shall be tried before the Courts with 
respect to conduct which formed the basis of crimes for which the person has been 
convicted or acquitted by the Court. 
(B) No person shall be tried by another court for a crime under Parts 2 and 3 of 
this Statute for which that person has already been convicted or acquitted by a Philippine 
court. 
(C) No person who has been tried by another court for conduct also proscribed 
under Parts 2 and 3 of this Statute shall be tried by a Philippine Court unless the 
proceedings in the other court: 
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(1) were for the purpose of shielding the person concerned from criminal 
responsibility for crimes within the jurisdiction of the Philippine Court; or 
(2) otherwise were not conducted independently or impartially in connection with 
the norms of due process recognized by international law and were conducted 
in a manner which, under the circumstances, was inconsistent with an intent to 
bring the person concerned to justice. 
ARTICLE 17 
Applicable Law 
(A) The Philippine Court shall apply: 
(1) In the first place, this Statute and jurisprudence interpreting this Statute. 
(2) In the second place, where appropriate, applicable instruments and 
developments in international law enumerated in Article 36. 
(3) 
In the third place, by applicable principles and rules of customary 
international law, especially the established principles of international 
humanitarian law, international criminal law and human rights. 
(4) 
Failing that, general principles of law recognized by civilized nations, 
provided that those principles are not inconsistent with this Statute and with 
international law and internationally recognized norms and standards. 
(B) The application and interpretation of law pursuant to this Article must be 
consistent with internationally recognized human rights, and be without any adverse 
distinction founded on grounds such as gender, as defined in Article 4, race, color, 
language, religion or belief, political or other opinion, national, ethnic or social origin, 
wealth, birth or other status. 
ARTICLE 18 
Nullum Crimen Sine Lege 
(A) A person shall not be criminally responsible under this Statute unless the 
conduct in question constitutes, at the time it takes place, a crime within the jurisdiction 
of the Philippine Court. 
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(B) The definition of a crime shall be strictly construed and shall not be extended 
by analogy. In case of ambiguity, the definition shall be interpreted in favor of the person 
being investigated, prosecuted or convicted. 
(C) This Article shall not affect the characterization of any conduct as criminal 
under international law independently of this Statute. 
ARTICLE 19 
Nulla Poena Sine Lege 
A person convicted by the Philippine Court may be punished only in accordance 
with this Statute. 
ARTICLE 20 
Change in the Law 
In the event of a change on the law applicable to a given case prior to a final 
judgment, the law more favorable to the person being investigated, prosecuted or 
convicted shall apply. 
ARTICLE 21 
Individual Criminal Responsibility 
(A) The Philippine Court shall have jurisdiction over natural persons pursuant to 
this Statute. 
(B) A person who commits a crime within the jurisdiction of the Court shall be 
individually responsible and liable for punishment in accordance with this Statute. 
(C) In accordance with this Statute, a person shall be criminally responsible and 
liable for punishment for a crime within the jurisdiction of the Court if that person: 
(1) commits such a crime, whether as an individual, jointly with another or 
through another person, regardless of whether that other person is criminally 
responsible; 
(2) orders, solicits or induces the commission of such a crime which in fact occurs 
or is attempted; 
(3) 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; 
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(4) in any other way contributes to the commission of such a crime by a group of 
persons acting with a common purpose. Such contribution shall be intentional 
and shall either: 
(a) 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 
(b) be made in the knowledge of the intention of the group to commit the 
crime; 
(5) in respect of the crime of genocide, directly and publicly incites others to 
commit genocide; 
(6) 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 Statute 
for the attempt to commit that crime if that person completely and voluntarily 
gave up the criminal purpose. 
(D) No provision in this Statute relating to individual criminal responsibility shall 
affect the responsibility of States under international law. 
ARTICLE 22 
Exclusion of Jurisdiction over Persons under Eighteen 
The Philippine Court shall have no jurisdiction over any person who was under 
the age of 18 at the time during the alleged commission of the crime. 
ARTICLE 23 
Irrelevance of Official Capacity 
(A) This Statute 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 
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official shall in no case exempt a person from criminal responsibility under this Statute, 
nor shall it, in and of itself, constitute a ground for reduction of sentence. 
(B) Immunities or special procedural rules which may attach to the official 
capacity of a person, whether under national or international law, shall not bar the 
Philippine Court from exercising its jurisdiction over such a person. 
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ARTICLE 24 
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That military commander or person either knew or, owing to the 
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circumstances of the time, should have known that the forces were committing 
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or about to commit such crimes; and 
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(2) That military commander or person failed to take all necessary and reasonable 
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prosecution. 
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crimes; and 
Responsibility of Commanders and Other Superiors 
In addition to other grounds of criminal responsibility under this Statute for 
crimes within the jurisdiction of the Philippine Court: 
(A) A military commander or person effectively acting as a military commander 
shall be criminally responsible for crimes within the jurisdiction of the Court committed 
by forces under his effective command and control, or effective authority and control as 
the case may be, as a result of his failure to exercise control properly over such forces, 
(B) With respect to superior and subordinate relationships not described in 
paragraph (A), a superior shall be criminally responsible for crimes within the 
jurisdiction of the Court committed by subordinates under his effective authority and 
control, as a result of his failure to exercise control properly over such subordinates, 
(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 
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(2) The superior failed to take all necessary and reasonable measures within his 
power to prevent or repress their commission or to submit the matter to the 
competent authorities for investigation and prosecution. 
ARTICLE 25 
Non-Applicability of Statute of Limitations 
(A) The crimes within the jurisdiction of the Philippine Court shall not be subject 
to any Statute of Limitations. 
(B) The prosecution of crimes pursuant to this Statute and the execution of 
sentences imposed on their account shall not be subject to any statute of limitations 
ARTICLE 26 
Mental Element 
(A) Unless otherwise provided, a person shall be criminally responsible and liable 
for punishment for the crimes enumerated in this Statute only if the material elements are 
committed with intent and howledge. A person has intent and knowledge where: 
(1) in relation to conduct, that person means to engage in that conduct; 
(2) in relation to a consequence, that person means to cause that consequence or is 
aware that it will occur in the ordinary course ofevents. 
(B) Knowledge under this Article means awareness that a circumstance exists or a 
consequence will occur in the ordinary course of events. 
ARTICLE 27 
Grounds for Excluding Criminal Responsibility 
(A) In addition to other grounds for excluding criminal liability provided for in 
this Statute, a person shall not be criminally responsible if, at the time of that person’s 
conduct: 
(1) the person suffers from mental disease or defect that destroys that person’s 
capacity to appreciate the unlawfulness or nature of his conduct, or capacity to 
control his conduct to conform to the requirements of law; 
(2) the person is in a state of intoxication that destroys the person’s capacity to 
appreciate the unlawhlness or nature of his conduct, or capacity to control his 
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conduct to conform to the requirements of law, unless the person has become 
voluntarily intoxicated under such circumstances that the person knew, or 
disregarded the risk, that, as a result of the intoxication, he was likely to 
engage in a conduct constituting a crime within the jurisdiction of the 
Philippine Court; 
(3) the person acts reasonably to defend himself or another person or, in the case 
of war crimes, property which is essential to the survival of the person or 
another person or property which is essential for accomplishing a military 
mission, against an imminent and unlawfkl use of force in a manner 
disproportionate to the degree of danger to the person or the other person or 
property protected. The fact that the person was involved in a defensive 
operation conducted by forces shall not in itself, constitute a ground for 
excluding criminal responsibility under this subparagraph; or 
(4) The conduct which is alleged to constitute a crime within this Statute has been 
caused by duress resulting from a threat of imminent death or of continuing or 
imminent serious bodily harm against that person or another person, and the 
person acts necessarily and reasonably to avoid this threat. Provided that the 
person does not intend to cause greater harm than the one sought to be 
avoided. Such a threat may either be: 
(a) made by other persons; or 
(b) constituted by other circumstances beyond the person’s control. 
( 5 )  The Court shall determine the applicability of the grounds for exclusion of 
criminal responsibility under this Statute to the case before it. 
(C) At trial, the Court may consider a ground for excluding criminal responsibility 
other than those enumerated herein where such a ground is derived from the applicable 
law under Article 17 herein. The procedure relating to the consideration of such a ground 
shall be provided for in the Rules of Procedure and Evidence. 
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ARTICLE 28 
Mistake of Fact or Mistake of Law 
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(A) A mistake of fact shall be a ground for excluding criminal responsibility only 
if it negates the mental element required by the crime. 
(B) A mistake of law as to whether a particular type of conduct is a crime within 
the jurisdiction of the Philippine Court shall not be a ground for excluding criminal 
responsibility. A mistake of law may, however, be a ground for excluding criminal 
responsibility if it negates the mental element required by such a crime, or as provided in 
Article 29. 
ARTICLE 29 
Superior Orders 
(A) The fact that a crime within the jurisdiction of the Philippine Court 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 the order 
was not manifestly unlawful. 
(B) For the purpose of this Article, orders to commit genocide or crimes against 
humanity are manifestly unlawful. 
PART 6. FAIR TRIAL GUARANTEES 
ARTICLE 30 
Rights of Persons During an Investigation 
(A) With respect to an investigation under this Statute, a person: 
(1) shall not be compelled to incriminate himself to confess his guilt; 
(2) shall not be subjected to any form of coercion, duress of threat, to torture or to 
any form of cruel, inhuman, or degrading treatment or punishment; 
(3) shall, if questioned in a language other than a language the person fully 
understands and speaks, have, free of any cost, the assistance of a competent 
interpreter and such translations as are necessary to meet the requirements of 
fairness; and 
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(4) shall not be subjected to arbitrary arrest and detention, and shall not be 
deprived of his liberty except on such grounds and in accordance with such 
procedures which shall be established under this Statute. 
(B) Where there are grounds to believe that a person has committed a crime 
within the jurisdiction of the Philippine Court and that a person is about to be questioned 
either by the Prosecutor, or by national authorities, that person shall also have the 
following rights of which he shall be informed prior to being questioned: 
(1) To be informed, prior to being questioned, that there are grounds to believe 
that he committed a crime within the jurisdiction of the Court; 
(2) To remain silent, without such silence being a consideration in the 
determination of guilt or innocence; 
(3) To have legal assistance of the person's choosing or, if the person does not 
have legal assistance, to have legal assistance assigned to him, in any case 
where the interests of justice so require, and without payment by the person in 
any such case if the person does not have sufficient means to pay for it; and 
(4) To be questioned in the presence of counsel unless that person has voluntarily 
waived his right to counsel. 
ARTICLE 3 1 
Presumption of Innocence 
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(A) Everyone shall be presumed innocent until proven guilty before the Philippine 
Court in accordance with the applicable law. 
(B) The onus is on the Prosecutor to prove the guilt of the accused. 
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(C) In order to convict the accused, the Court must be convinced of 
the accused beyond reasonable doubt. 
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ARTICLE 32 
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Rights of the Accused 
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(A) In the determination of any charge, the accused shall be entitled 
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hearing, having regard to the provisions of this Statute, to a fair hearing conducted 
impartially, and to the following minimum guarantees, in full equality: 
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(1) To be informed promptly and in detail, the nature, cause and content of the 
charge, in a language which the accused fully understands and speaks; 
(2) To have adequate time and facilities for the preparation of the defense and to 
communicate freely with counsel of the accused’s choosing in confidence; 
(3) To be tried without undue delay; 
(4) Subject to removal from the courtroom if the accused continues to disrupt the 
trial, to be present at the trial, to conduct the defense in person or through 
legal assistance assigned by the court in any case where the interests of justice 
so require, and without payment if the accused lack sufficient means to pay 
for it; 
(5) To examine, or have examined, the witness on his behalf under the same 
conditions as witnesses against him. The accused shall also be entitled to raise 
defenses and to present other evidence admissible under this Statute; 
(6) To have, free of any cost, the assistance of a competent interpreter and such 
translations as are necessary to meet the requirements of fairness, if any of the 
proceedings of or documents presented to the Philippine Court are not in a 
language which the accused fully understands and speaks; 
(7) Not to be compelled to testify or to confess guilt and to remain silent, without 
such silence being a consideration in the determination of guilt or innocence; 
(8) To make an unsworn oral or written statement in his defense; and 
(9) Not to have imposed on him any reversal of the burden of proof or any onus 
of rebuttal. 
(B) In addition to any other disclosure provided for in this Statute, the Prosecutor 
shall, as soon as practicable, disclose to the defense evidence in the Prosecutor’s 
possession or control which he believes shows or tends to show the innocence of the 
accused or to mitigate the guilt of the accused, or which may affect the credibility of 
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prosecution evidence. In case of doubt, the Court shall decide. 
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ARTICLE 33 
Prosecution of the Victims and Witnesses 
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(A) The Philippine Court 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, as 
defined in Article 4, 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. 
(B) As an exception to the principle of public hearings provided for in Article 33, 
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 
consider it appropriate in accordance with the respective Rules of Procedure and 
Evidence. 
(D) Where the disclosure of evidence or information pursuant to this Statute may 
lead to the grave endangerment of the security of a witness or his 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. Such 
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measures shall he exercised in a manner which is not prejudicial to or inconsistent with 
the rights of the accused and a fair and impartial trial. 
ARTICLE 34 
Reparations to Victims 
(A) The Philippine 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 with 
respect to, 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 Article, the Court may invite and shall take 
account of representations from or on behalf of the convicted persons, victims or other 
interested persons. 
(D) Nothing in this Article shall be interpreted as prejudicing the rights of victims 
under national or international law. 
PART 7. RELATIONSHIP WITH OTHER LAWS 
ARTICLE 35 
Relationship with the Constitution 
This Statute shall supplement the Constitution, especially its Bill of Rights, its relevant 
provisions on international law and human rights, and jurisprudence thereon. 
ARTICLE 36 
Relationship with International Law 
In the application and interpretation of this Statute, the Philippine Court shall he 
guided by the following instruments and developments in international law: 
(A) The 1998 Rome Statute on the International Criminal Court, its Elements of 
Crimes and its Rules of Procedure and Evidence; 
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(B) The 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I & 
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(C) The 1954 Hague Convention for the Protection of Cultural Property and its 
1999 Second Protocol; 
(D) The 2000 Optional Protocol to the 1989 Convention on the Rights of the 
Child; 
(E) International criminal law jurisprudence from the international criminal 
tribunals, especially as may come from the International Criminal Court in The Hague; 
(F) Relevant and applicable international human rights instruments and 
jurisprudence, mainly from the United Nations system; and 
(G) Teachings of the most highly qualified publicists and authoritative 
commentaries on the foregoing sources as subsidiary means for the determination of rules 
of law. 
ARTICLE 37 
Relationship with the Revised Penal Code 
And Other Relevant Laws 
The Revised Penal Code shall be suppletory to this Statute for purposes of 
criminal investigation, prosecution and trial of crimes under this Statute. For these 
purposes, in case of conflict, this Statute shall prevail over the Revised Penal Code. The 
same relationship with this Statute applies to the Civil Code of the Philippines and special 
laws of a criminal and/ or civil nature, such as on matters of civil liability. 
ARTICLE 38 
Relationship with the Revised Rules on Criminal Procedure 
The Revised Rules of Criminal Procedure shall be suppletory to this Statute, to 
the relevant and applicable provisions of the Rome Statute of the International Criminal 
Court and its Rules of Procedure and Evidence, and to additional special rules of criminal 
procedure as may be formulated by the Supreme Court for the investigation, prosecution 
and trial of crimes under this Statute. 
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ARTICLE 39 
Relationship with Military Law 
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investigation, prosecution and trial of said persons for crimes under this Statute. 
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PART 8. JURISDICTION AND COURTS 
ARTICLE 40 
Universal Jurisdiction 
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(A) The Statute shall exercise jurisdiction over persons, whether military or 
civilian, suspected or accused of the crimes defined and penalized in this Statute, 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. 
(B) However, in any of the latter cases, i.e. 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 Statute 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. 
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ARTICLE 41 
Philippine Courts, Prosecutors, and Investigators 
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(A) The Regional Trial Courts of the Philippines shall have original and exclusive 
jurisdiction over the international crimes punishable under this Statute. Their judgments 
may be appealed or elevated to the Court o f  Appeals and to the Supreme Court under the 
existing system o f  jurisdiction of Philippine courts. 
(B) 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 
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the case may be, crimes under this Statute. The special courts refer to designated 
branches of the Regional Trial Court and designated divisions of the Court of Appeals. 
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PART 9. FINAL PROVISIONS 
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ARTICLE 42 
Repealing Clause 
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repealed and modified accordingly. 
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ARTICLE 43 
Separability Clause 
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thereby shall continue to be in full force and effect. 
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ARTICLE 44 
Effectivity Clause 
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This Statute shall take effect fifteen (15) days after its publication in at least two 
national newspapers of general circulation. This publication shall not be later than seven 
(7) days after the approval hereof. 
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