, ~.~ 
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FOURTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
1 
SENATE 
Submitted jointly by the Committees on Justice and Human Rights; and Foreign Relations on 
” 
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n
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”2 
Re: Senate Bill No. 
Recommending its approval insubstitution of Senate Bill Nos. 583, 1446, 1542 and 1861 
Sponsors: Senators Escudero, Gordon and Defensor Santiago. 
MR. PRESIDENT: 
The Committees on Justice and Human Rights; and Foreign Relations to which were referred 
Senate Bill No. 583, introduced by Senator Ejercito Estrada, entitled: 
“AN ACT 
DEFINING 
AND 
PENALIZING CRIMES 
AGAINST 
INTERNATIONAL 
HUMANITARIAN LAW, ADOPTING CORRESPONDlNG PRINCIPLES OF 
CRIMINAL 
RESPONSIBILITY, 
OPERATIONALIZING 
UNIVERSAL 
JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR RELATED 
PURPOSES” 
Senate Bill No. 1446, introduced by Senator Gordon, entitled: 
“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” 
Senate Bill No. 1542, introduced by Senator Zubiri, entitled: 
“AN ACT 
DEFINING 
AND 
PENALIZING 
CRIMES 
AGAINST 
INTERNATIONAL 
HUMANITARIAN LAW AND OTHER SERIOUS INTERNATIONAL CRIMES, 
OPERATIONALIZING UNIVERSAL JURISDICTION, DESIGNATING SPECIAL 
COURTS, AND FOR OTHER PURPOSES” 
Senate Bill No. 1861, introduced by Senator Santiago, entitled: 
“AN ACT 
DEFINING 
AND 
PENALIZING CRIMES 
AGAINST 
INTERNATIONAL 
HUMANITARIAN LAW AND OTHER SERIOUS INTERNATIONAL CRIMES, 
CORRESPONDING 
PRINCIPLES 
OF 
CRIMINAL 
ADOPTING 
RESPONSIBILITY, 
APPLYING 
UNIVERSAL 
JURISDICTION, 
AND 
DESIGNATING SPECIAL COURTS” 


Committee Report on International Humanitarian Law (IHL)). 
2 
have considered the same and have the honor to report them back to the Senate with the 
recommendation thal the attached bill, Senate Bill No. 2 3, prepared by the Committees, 
entitled: 
“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 approved in substitution of Senate Bill Nos. 583, 1446, 1542 and 1861, with Senators 
Ejercito Estrada, Gordon, Zubiri, Defensor Santiago and Escudero as authors thereof. 
Respectfully submitted: 
Chairmen: 
t 
Committee on F#eign Relations 
FRANCIS “CHIZ” 6. ESCUDERO 
Committee on Justice and Human Rights 
Vice-chairman: 
/”\ 
BENIGN0 SlhEOU “NOYNOY” C. AQUINO 111 
Commitfee on Justice and Human Rights 


Committee Report on Intemational Hnmanitarian Law (IHL). 
3 
-- 
Members: 
ALAN P E ~ R  
TOMPANEROT! s. CAYETANO 
Committee on Justice and Human Rights 
Committee on Foreign Relations 
JOKER P. ARROYO 
Committee on Foreign Re 
’ 
Committee on Foreign Relations 
LOREN B ~ E G A R D A  
Commitfee on Foreign Relations 
NERA PIA s. CAYETANO 
on Justice and Human Rights / 
ORIO 0. HONASAN II 
Justice and Human Rights 
Foreign Relations 
LFO G~BIAZON 
on Justice and Human Rights 
Committee on Foreign Relations 
Coy? 
Foreign Relations 
,/ 
-ORDON 
ittee on Foreign Relations 
/ 
J U A N ~ U E L  F. ZUBIRI 
MARROXAS \ 
Committee on Foreign Relations 
ANTONIO “SONNY” F. TRILLANES IV 
Committee on Foreign Relations 


Committee Repor? on International Humanitarian Law (IHL). 
4 
-.-,--- 
-_El--__l_____-- 
Ex-Officio Members: 
Minority Leader 
Hon. MANNY VILLAR 
Senate President 
Senate of the Philippines 
Pasay City 


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Republic of the Philippines 
.
.
 
8 OCT -8 . ! :~~ 
‘ t  
SENATE 
FOURTEENTH CONGRESS 
Second Regular Session 
Prepared and submitted jointly by the Committees on Justice and Human Rights; and Foreign 
Relations with Senators Ejercito Estrada, Gordon, Zubiri, Defensor Santiago and Escudero as 
authors thereof 
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 
PART I. INTRODUCTORY PROVISIONS 
SEC 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 Pr+nciples andstate 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 serious 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. 


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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 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: 
I. 
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) Tomre 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; 
(0 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. 
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: 
(a) Intentionally directing attacks against the civilian population as such or 
against individual civilians not taking direct part in hostilities; 
(b) Intentionally directing attacks against civilian objects, that is, objects 
which are not military objectives; 
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(c) 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; 
(d) 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; 
(e) 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; 
(f) Attacking or bombarding, by whatever means, towns, villages, 
dwellings or buildings which are undefended and which are not 
military objectives; 
(g) Killing or wounding a combatant who, having laid down his arms or 
no longer having means of defense, has surrendered at discretion; 
(h) Making improper or perfidious use of a flag of tmce, 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; 
(i) 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; 
(i) 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 harkplantation, 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; 
(k) Killing, wounding or capturing an adversary by resort to perfidy; 
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(1) Declaring that no quarter wili be given; 
(m) Destroying or seizing the enemy's property unless such destruction or 
seizure is imperatively demanded by the necessities of war; 
(n) Pillaging a town or place, even when taken by assault; 
(a) 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; 
(p) Committing outrages upon personal dignity, in particular humiliating 
and degrading treatment; 
(9) 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; 
(r) Utilizing the presence of a civilian or other protected person to render 
certain points, areas or military forces immune from militaly 
operations; 
(s) 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; 
(t) Conscripting, enlisting or recruiting children under the age of eighteen 
years into the national armed forces or using them to participate 
actively in hostilities. 
(u) Employing poison or poisoned weapons; 
(v) Employing asphyxiating, poisonous or other gases, and all analogous 
liquids, materials or devices; 
(w) 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; 
(x) 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; 
B. 
In case of a non-international armed conflict, serious violations of Article 3 
common to the four Geneva Conventions of 12 August 1949, namely, any of the 
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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: 
1. Violence to life and person, in particular murder of all kinds, mutilation, 
cruel treatment and torture; 
Committing outrages upon personal dignity, in particular humiliating and 
degrading treatment; 
2. 
3. Taking of hostages; 
4. 
The passing of sentences and the carrying out of executions without 
previous judgement pronounced by a regularly constituted court, affording 
all judicial guarantees which are generally recognized as indispensable. 
In case of an international 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: 
C. 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
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 territoly it occupies, or the deportation or 
transfer of all or parts of the population of the occupied tenitoly within or 
outside this territoly; 
Declaring abolished, suspended or inadmissible 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. 
D. 
The foregoing provisions applicable to non-international armed conflicts shall 
not apply to situations of internal disturbances and tensions, such as riots, 
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E. 
F. 
G 
isolated and sporadic acts of violence or other acts of a similar nature, as not 
being armed conflicts. 
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. 
The application of the preceding provisions shall not affect the legal status of the 
parties to the conflict. 
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. 
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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 wiih intent to destroy, in whole or in part, a national, ethnical, racial, religious, 
political, social or any similar stable and permanent group, such as: 
Killing members of the group; 
Causing serious bodily or mental harm to members of the group; 
Deliberately inflicting on the group conditions of life calculated to bring 
about its physical destruction in whole or in part; 
Imposing measures intended to prevent births within the group; 
Forcibly transferring children of the group to another group. 
1. 
2. 
3. 
4. 
5. 
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 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. 
B. 
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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 ofthe attack: 
1. 
2. 
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4. 
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7. 
8. 
9. 
Murder; 
Extermination; 
Enslavement; 
Deportation or forcible transfer of population; 
Imprisonment or other severe deprivation of physical liberty in violation of 
fundamental rules of international law; 
Torture; 
Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced 
sterilization, or any other form of sexual violence of comparable gravity; 
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; 
Enforced disappearance of persons; 
10. The crime ofapartheid; 
1 1. 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. 
2. 
3. 
"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; 
"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; 
"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 
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power in the course of trafficking in persons, in particular women and 
children; 
"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; 
"Torture" means the intentional infliction of severe pain or suffering, 
whether physical, mental, psychological and pharmacological 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; 
4. 
5. 
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 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 po!itical 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. 
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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 andor 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. Individual 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. 
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. 
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. 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 cornmission; 
b. 
c. 
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4. In any other way contributes to the commission or attempted commission of 
such a crime by a group of persons acting wi.& a common purpose. Such 
contribution shall be intentional and shall either: 
(i) Be made with the aim of fixthering 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; 
5. In respect to 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 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 responsibility 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 €or reduction of 
sentence. Immunities or special procedural rules which may attach to the official capacity of 
a person, whether under national or international law, other than the established 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 militav 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: 
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1. That military commander or person either knew or, owing to the 
circumstances at the time, should have known that the forces were 
committing or about to commit such crimes; and 
2. 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. 
b. 
With respect to superior and subordinate relationships not described in 
paragraph (d, 
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 necessav 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 militav 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; 
The person did not know that the order was unlawful; and 
The order was not manifestly unlawful. 
b. 
c. 
For the purposes of this section, orders to commit genocide or crimes against humanity 
are manifestly unlawful. 
PART 4. PROVISIONS FOR VICTIMS AND WITNESSES 
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: 


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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. 
b. 
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 court 
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 wituess 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. 
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. 
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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 International Law. In the application and interpretation 
of this Act, Philippine Courts shall be guided by the following instruments, developments and 
references in international law: 
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The 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I & 11; 
The 1954 Hague Convention for the Protection of Cultural Property in the 
Event of Armed Conflict and its 1999 Second Protocol; 
Customary international humanitarian law; 
The 1948 Genocide Convention; 
The 2000 Optional Protocol to the 1989 Convention on the Rights of the Child 
on the Involvement of Children in Armed Conflict; 
The 1998 Rome Statute of the International Criminal Court, its Elements of 
Crimes, and its Rules of Procedure and Evidence; 
International criminal law jurisprudence from various international criminal 
tribunals; 
Relevant and applicable international human rights instruments and 
jurisprudence, mainly from the United Nations system; and 
Teachings of the most highly qualified publicists and authoritative 
commentaries on the foregoing sources as subsidiary means for the 
determination of rules of law. 
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SEC. 16. Relationship with Military Law. The application of military law to persons 
subject to militav law for acts which may be constitutive of crimes under this Act shall be 
without prejudice to the investigation, prosecution and hial of said persons for crimes under 
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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, i.e. if the crimes took place in the territoly 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. Phil@pine Courts, Prosecutors 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 shall 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. 
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. 
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Approved, 
SEC. 21. Effectiviw. 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.