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REPUBLIC OF THE PHILIPPINES 
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FOURTEENTH CONGRESS OF THE 
1 
First Regular Session 
) 
.- 
. 
SENATE 
S. B. No. 
583 
Introduced by SENATOR JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
During the last century, and continuing on early in this century, millions of 
children, women and men have been victims of unimaginable atrocities that 
deeply shock the conscience of humanity. The Philippines has had its share of 
suffering such atrocities in the course of a number of armed conflicts, both 
international and internal. Such grave crimes threaten the peace, security and 
well-being of the world. Only a handful of those responsible for these crimes 
have ever been brought to justice by domestic courts. 
A domestic criminal jurisdiction would be unable to do so if, in the first 
place, it has no national law defining and penalizing the same serious crimes 
over which the International Criminal Court (ICC) has subject matter jurisdiction, 
namely genocide, crimes against humanity and war crimes. This is the present 
case in our country. It is about time that we adopt a national legislation punishing 
these most serious crimes as well as other grave violations of International 
Humanitarian Law (IHL), especially since the imposition of penal sanctions is 
among the few non-self-executing clauses of the main IHL treaties. 
According to the International Committee of the Red Cross (ICRC) 
Advisory Service on IHL, "Criminal legislation is the most appropriate and 
effective means of dealing with all serious violations of IHL." For the Philippines, 
our present criminal laws are not adequate for the simple reason that they do not 
adopt the terms of reference of IHL and, for that matter, international criminal 
law. 
Still, the ICC and other international tribunals are unlikely ever to be able 
to replace entirely the role of national courts and the need for effective national 
criminal legislation. In fact, national criminal jurisdictions are still primary over the 
ICC. States continue to bear the primary obligation to implement IHL, and 
prevent and punish violations of it. This Statute seeks to fulfill that obligation. 
With all the more reason when one considers the Philippine tradition of 
adherence to the international rule of law, human rights and IHL, as shown by its 
Constitution, jurisprudence and accession to a good number of relevant treaties. 
The Philippines has made commitments and has its obligations under 
international law. 
But it can and should also benefit from the progressive 
developments of international law. 
This will enable it to prosecute the 
international crimes itself, strengthen its national criminal justice system, 
contribute to an effective international criminal justice regime, and generally bring 
its national law into conformity with international obligations as well as up-to-date 
with important developments in international law. These, too, are reasons why 
this law is necessary. 


This is a proposed special law, is not an amendment to the Revised Penal 
Code, because, as will become more evident below, this law is not simply 
criminal law. In criminalizing violations of IHL, this law adopts the option of 
specific criminalization of offenses laid down in the IHL treaties by adopting the 
wording of the treaties. The result is a different framework from pure criminal law 
or ordinary criminal jurisdiction. 
As of now, the Philippines has ratified the 1949 Geneva Conventions and 
Additional Protocol /I, 
the 1948 Genocide Convention, the 1968 Convention on 
the Non-Applicability of Statutory Limitations to War Crimes, and the 2000 
Opfional Protocol to the 1989 Convention on fhe Rights of the Child, among 
others. It has signed but not yet ratified the Rome Statute, Additional Protocol I, 
and the I954 Hague Convention for the Protection of Cultural Property and its 
1999 Second Protocol, among others. We submit that the latter situation of non- 
ratification does not bar our sovereign Congress from adopting certain provisions 
thereof as part of our national legislation if the sense of Congress is that it is the 
right thing to do. 
The ICRC Advisory Service on IHL has said, “When these offenses are 
separately defined in national criminal law, the independence of this definition of 
international law can permit the repression of a breach of one of the treaties (e.g. 
Additional Protocol 0, even if the treaty has not been ratified by the prosecuting 
State.” 
Ratification of a treaty signifies our international obligation to become part 
of its international regime and to implement it, which is not limited to legislative 
measures. But we also have the sovereign choice to implement it or otherwise 
adopt applicable parts of it by national legislation, even if we are not obliged to. 
In the former case, the constitutional basis is the operation of the treaty clause; in 
the latter case, it is sovereign legislative power. To put it somewhat crudely, if 
Congress can, as it has over the years, copy US. laws without a prior ratification 
process, then it should be able to also copy international laws without a prior 
ratification process. 
The ratification process for the international treaties 
concerned can take its due course independently of this legislative initiative. 
Also, notwithstanding the categorization of war crimes and grave breaches 
into those applicable in international armed conflict and those applicable in 
internal armed conflict in certain international conventions like the Rome Stafufe 
and the Geneva Conventions and Additional Protocols, this Philippine Statute (in 
Article 5, Paragraph 4) does away with this distinction in cases where acts 
committed in internal armed conflict would be qualified as war crimes and grave 
breaches if committed in international armed conflict. This is in accordance with 
the recommendation of the ICRC Advisory Service on IHL, and the legislation of 
certain states like Belgium, Canada, Denmark, Finland, the Netherlands, Norway, 
Sweden and Tajikistan. To be clear, this adopts for internal armed conflict the 
higher standards of international armed conflict for purposes of this Statute only; 
it does not change the characterization of an internal armed conflict into one of 
international armed conflict. 
By now, it should be evident that this law is not simply criminal law; it is 
also international criminal law, international humanitarian law and human rights. 
Or one might describe this law as a marriage of criminal law and aspects of 
international law. The latter is clear from Article 21 on “Applicable Law” and 
Article 40 on “Relationship with International Law.” This unprecedented role of 
international law in a Philippine law and its subject matter of serious crimes of 
international concern require corresponding principles of criminal responsibility 
2 


and fair trial guarantees which meet the latest international standards for the 
investigation, prosecution and trial of these crimes. 
More SO when one considers the possibility of foreigners coming under the 
jurisdiction of the Court for crimes under this Statute because of the 
operationalization of the principle of universal jurisdiction. Thus also the need for 
designation and training of special courts and prosecutors. Over the long-term, 
we will be able to develop a pool of judges and prosecutors, some of whom may 
move on to serve with the International Criminal Court and other international 
tribunals. Their training can be considered part of a broader educational and 
consciousness-building effort on international humanitarian law and human rights 
which is crucial for their implementation, in conjunction with criminal prosecution. 
This law can also be the catalyst for the infusion of more international law 
consciousness among Filipino lawyers and law students through the law 
curriculum and continuing legal education. 
Though penal sanctions are indispensable to ensure respect for IHL, they 
are insufficient in themselves to put an end to acts contrary to IHL. These norms 
need to be placed within a suitable regulatory framework which will lay down the 
behavior complying with or prohibited by IHL. 
In sum, the Philippines must avail of the best that has been created by 
humanity in terms of international law to prevent and punish the worst acts of 
inhumanity. The soonest approval of this bill is therefore most earnestly sought. 
JIN K4-l 
GO EJERCITO ESTRADA 
3 


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FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
) 
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Introduced by SENATOR JINGGOY EJERCITO ESTRADA 
AN ACT 
DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL 
HUMANITARIAN LAW, ADOPTING CORRESPONDING PRINCIPLES OF 
CRIMINAL RESPONSIBILITY, OPERATIONALIZING UNIVERSAL 
JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR RELATED 
PURPOSES 
PART 1. 
INTRODUCTORY PROVISIONS 
Section 1. Short Title. - This Act shall be known as the "Philippine Statute on 
Crimes Against International Humanitarian Law." 
Sec. 2. Declaration of Principle 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) Among the generally accepted principles of international law incorporated into 
Philippine law are the rules and principles of land warfare and of humanitarian 
law under the Hague Conventions and the Geneva Conventions, and human 
rights as defined in the Universal Declaration of Human Rights; 
(d) The most serious crimes of concern to the international comwiunity 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; 
(e) It is the duty of every State to exercise its criminal jurisdiction over those 
responsible for certain international crimes, wherever, by whoever and 
against whoever these may be committed, so that its Courts can exercise 
universal and extraterritorial jurisdiction over grave violations of human rights 
and international humanitarian law; 
(9 The State shall ensure that its Courts can exercise jurisdiction over anyone 
suspected or accused of grave crimes under international law, whatever the 
official capacity of the suspect or accused at the time of the alleged crime or 
4 


anytime thereafter, no matter when the crimes occurred, with no time limit on 
the liability to prosecution of such persons; 
(9) The State shall ensure that persons on trial in its Courts for the commission of 
grave crimes under international law are only allowed to assert defenses that 
are consistent with international law; 
(h) 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; 
(i) The Courts must protect victims, witnesses and their families, and award 
appropriate redress to victims and their families; 
(j) In implementing international humanitarian law, the State shall adopt the most 
progressive definitions and standards in international law; 
PART 2. 
MOST SERIOUS CRIMES OF INTERNATIONAL CONCERN 
Sec. 3. Genocide. - The Court shall exercise jurisdiction over the crime of 
genocide. 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, ethnical, 
racial, religious, political, social or any similar stable and permanent group, as 
such: 
(1) 
(2) 
(3) 
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. 
(4) 
(5) 
Sec. 4. Crimes Against Humanity. - (a) The Court shall have jurisdiction 
over crimes against humanity. For the purpose of this Statute, “crime against 
humanity” means any of the following acts when committed as part of a 
widespread or systematic attack directed against any civilian population, with 
knowledge of the attack: 
(I) 
Murder; 
(2) Extermination; 
(3) Enslavement; 
(4) Deportation or forcible transfer of population; 
(5) Imprisonment or other severe deprivation of physical liberty in violation 
of fundamental rules of international law; 
5 


(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 collectivity on political, 
racial, national, ethnic, cultural, religious, gender as defined in 
paragraph 3, or other grounds that are universally recognized as 
impermissible under international law, in connection with any act 
referred to in this paragraph or any crime within the jurisdiction of the 
court; 
(9) 
Enforced disappearance of persons; 
(IO) 
The crime of apartheid; 
(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 1: 
(i) "Attack directed against any civilian population" means a course of 
conduct involving the multiple commission of acts referred to in 
paragraph 1 against any civilian population, pursuant to or in 
furtherance of a State or organizational policy to commit such attack; 
(ii) "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; 
(iii) 
"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; 
(iv) 
"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; 
(v) "Torture" means the intentional infliction of severe pain or suffering, 
whether physical or mental, upon a person in the custody or under the 
control of the accused; except that torture shall not include pain or 
suffering arising only from, inherent in or incidental to, lawful sanctions; 
(vi) "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; 
(vii) "Persecution" means the intentional and severe deprivation of 
fundamental rights contrary to international law by reason of the 
identity of the group or collectivity; 
6' 


(viii) "The crime of apartheid" means inhumane acts of a character similar 
to those referred to in paragraph 1, 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; 
(ix) "Enforced disappearance of persons" means the arrest, detention or 
abduction of persons by, or with the authorization, support or 
acquiescence of, a State or a political organization, followed by a 
refusal to acknowledge that deprivation of freedom or to give 
information on the fate or whereabouts of those persons, with the 
intention of removing them from the protection of the law for a 
prolonged period of time. 
c. For the purpose of this Statute, it is understood that the term "gender" 
refers to the two sexes, male and female, within the context of society. 
The term "gender" does not indicate any meaning different from the 
above. 
Sec. 5. WaL Crimes. - (a) The Court shall have jurisdiction in respect of 
war crimes in particular when committed as part of a plan or policy or as part of a 
large-scale commission of such crimes. 
(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: 
Willful killing; 
Torture or inhuman treatment, including biological experiments; 
Willfully causing great suffering, or serious injury to body or 
health; 
Extensive destruction and appropriation of property, not justified 
by military necessity and carried out unlawfully and wantonly; 
Compelling a prisoner of war or other protected person to serve 
in the forces of a hostile Power; 
Willfully depriving a prisoner of war or other protected person of 
the rights of fair and regular trial; 
Unlawful deportation or transfer or unlawful confinement; 
Taking of hostages. 
(2) 
Other 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: 
(i) 
Intentionally directing attacks against the civilian population as 
such or against individual civilians not taking direct part in 
hostilities; 
I 


(ii) 
Intentionally directing attacks against civilian objects, that is, 
objects which are not military objectives; 
(iii) 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; 
(iv) 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; 
Attacking or bombarding, by whatever means, towns, villages, 
dwellings or buildings which are undefended and which are not 
military objectives; 
(v) 
(vi) Killing or wounding a combatant who, having laid down his arms or 
having no longer means of defense, has surrendered at 
discretion; 
(vii) 
(viii) 
(ix) 
(x) 
(xi) 
(xii) 
(xiii) 
Making improper or perfidious use of a flag of truce, of the flag 
or of the military insignia and uniform of the enemy or of the 
United Nations, as well as of the distinctive emblems of the 
Geneva Conventions, resulting in death , serious personal injury 
or capture; 
The transfer, directly or indirectly, by the Occupying Power of 
parts of its own civilian population into the territory it occupies, 
or the deportation or transfer of all or parts of the population of 
the occupied territory within or outside this territory; 
Intentionally directing attacks against buildings dedicated to 
religion, education, art, science or charitable purposes, historic 
monuments, hospitals and places where the sick and wounded 
are collected, provided they are not military objectives; 
Subjecting persons who are in the power of an adverse party to 
physical mutilation or to medical or scientific experiments of any 
kind, or to removal of tissue or organs for transplantation, which 
are neither justified by the medical, dental or hospital treatment 
of the person concerned nor carried out in his or her interest, 
and which cause death to or seriously endanger the health of 
such person or persons; 
Killing or wounding treacherously individuals belonging to the 
hostile nation or army; 
Declaring that no quarter will be given; 
Destroying or seizing the enemy's property unless such 
destruction or seizure be imperatively demanded by the 
necessities of war; 
8 


(xiv) 
(xv) 
Declaring abolished, suspended or inadmissible in a court of law 
the rights and actions of the nationals of the hostile party; 
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; 
(xvi) 
Pillaging a town or place, even when taken by assault; 
(xvii) Employing poison or poisoned weapons; 
(xviii) Employing asphyxiating, poisonous or other gases, and all 
analogous liquids, materials or devices; 
(xix) 
(XX) 
(xxi) 
(xxii) 
Employing bullets which expand or flatten easily in the human 
body, such as bullets with a hard envelope which does not 
entirely cover the core or is pierced with incisions; 
Employing weapons, projectiles and material and methods of 
warfare which are of a nature to cause superfluous injury or 
unnecessary suffering or which are inherently indiscriminate in 
violation of the international law of armed conflict, provided that 
such weapons, projectiles and material and methods of warfare 
are the subject of a comprehensive prohibition and are included 
in an annex to this Statute: 
Committing outrages upon personal dignity, in particular 
humiliating and degrading treatment; 
Committing rape, sexual slavery, enforced prostitution, forced 
pregnancy, as defined in Article 4, enforced sterilization, or any 
other form of sexual violence also constituting a grave breach of 
the Geneva Conventions; 
(xxiii) Utilizing the presence of a civilian or other protected person to 
render certain points, areas or military forces immune from 
military operations; 
(xxiv) 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; 
(xxv) 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; 
(xxvi) Conscripting or enlisting children under the age of eighteen 
years into the national armed forces or using them to paiticipate 
actively in hostilities. 
(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 
9 


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: 
(i) 
Violence to life and person, in particular murder of all kinds, 
mutilation, cruel treatment and torture; 
(ii) 
Committing outrages upon personal dignity, in particular 
humiliating and degrading treatment; 
(iii) 
Taking of hostages; 
(iv) 
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 2 (c) 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. 
(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: 
Intentionally directing attacks against the civilian population as 
such or against individual civilians not taking direct part in 
hostilities; 
Intentionally directing attacks against buildings, material, 
medical units and transport, and personnel using the 
distinctive emblems of the Geneva Conventions in conformity 
with international law; 
Intentionally directing attacks against personnel, installations, 
material, units or vehicles involved in a humanitarian 
assistance or peacekeeping mission in accordance with the 
Charter of the United Nations, as long as they are entitled to 
the protection given to civilians or civilian objects under the 
international law of armed conflict; 
Intentionally 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; 
Pillaging a town or place, even when taken by assault; 
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; 
10 


Conscripting or enlisting children under the age of eighteen 
years into armed forces or groups or using them to participate 
actively in hostilities; 
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; 
Killing or wounding treacherously a combatant adversary; 
Declaring that no quarter will be given; 
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 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; 
Destroying or seizing the property of an adversary unless 
such destruction or seizure be imperatively demanded by the 
necessities of the conflict; 
(6) Paragraph 2 (e) 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. 
3. Nothing in paragraph 2 (c) and (e) 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 State, by all legitimate means. 
4. 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. 
PART 3. 
OTHER CRIMES AGAINST HUMANITARIAN LAW 
Sec. 6. Other Grave Breaches of Additional Protocol 1. - The Court 
shall have jurisdiction over the following other acts regarded as grave breaches 
of the 1977 Additional Protocol I to the 1949 Geneva Conventions, when 
committed willfully, in violation of the relevant provisions of this Protocol, and 
causing death or serious injury to body or health: 
1, 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; 
11 


2. making non-defended localities and demilitarized zones the object of attack; 
and 
3. unjustifiable delay in the repatriation of prisoners of war or civilians. 
Sec. 7. Misuse and Abuse of the Red Cross and other Protective 
Emblems. - In addition to the war crimes under Article 5, paragraph 2 (b) (vii), 
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 personal injury or capture: 
1. The use by individuals, societies, firms or companies either public or private, 
other than those entitled thereto under the 1940 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. 
2. It is prohibited to make improper use of the distinctive emblem of the red 
cross, red crescent or red lion and sun or of other emblems, signs or signals 
provided for by the Conventions or by Additional Protocol I. It is also 
prohibited to misuse deliberately in an armed conflict other internationally 
recognized protective emblems, signs or signals, including the flag of truce, 
and the protective emblem of cultural property. 
3. It is prohibited to make use of the distinctive emblem of the United Nations, 
except as authorized by that Organization. 
Sec. 8. Violations Against Cultural Property and Places of Worship. - 
(a) In addition to the war crimes under Article 5, paragraph 2(b)(ix), the Court 
shall have jurisdiction over violations against cultural property and places of 
worship in the event of armed conflict, as follows: 
1, committing any acts of hostility directed against the historic monuments, 
works of art or places or worship which constitute the cultural or spiritual 
heritage of peoples; 
2. using such objects in support of the military effort; 
3. making such objects the object of reprisals; 
(b) Any person commits an offense within the meaning of the 1999 Second 
Protocol to the I954 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: 
1. making cultural property under enhanced protection the object of attack; 
2. using cultural property under enhanced protection or its immediate 
3. extensive destruction or appropriation of cultural property protected under 
surroundings in support of military action; 
the Convention and this Protocol; 
4. making cultural property protected under the Convention and this Protocol 
the object of attack; 


5. theft, pillage or misappropriation of, or acts of vandalism directed against 
cultural property protected under the Convention. 
Sec. 9, Violations Against the Involvement of Children in Armed 
Conflict. - In addition to the war crimes under Article 5, paragraphs 2(b) (xxvi) 
and 2(e) (vii), the Court shall have jurisdiction over violations against the 
involvement of children in armed conflict when committed during peace time. 
The armed forces of the State as well as other armed groups shall not, under any 
circumstances, recruit or use in hostilities persons under the age of 18 years. 
PART 4. 
INTERNATIONAL HUMANITARIAN LAW VIOLATIONS 
BASED ON PHILIPPINE EXPERIENCE 
Sec. IO. Scope of Application to Persons. - The generally accepted 
principles and standards of international humanitarian law apply to the following 
persons: 
1. civilians or those taking active part in the hostilities; 
2. members of armed forces who have surrendered or laid down 
their arms; 
3. those placed hors de combat by sickness, wounds or any other 
cause; 
4. persons deprived of their liberty for reasons related to armed 
conflict; and 
5. relatives and duly authorized representatives of above-named 
persons. 
Sec. 11. Prohibited Acts. - The Court shall have jurisdiction over the 
following prohibited acts. The following acts are and shall remain prohibited at 
any time and in any place whatsoever with respect to the persons in the 
preceding Article: 
1. 
2. 
3. 
4. 
5. 
6. 
violence to life and person, particularly killing or causing injury, being 
subjected to physical of mental torture, mutilation, corporal punishment, 
cruel or degrading treatment and all acts of violence and reprisals, 
including hostage-taking, and acts against the physical well-being, dignity, 
political convictions and other human rights; 
holding anyone responsible for an act that he/she has not committed and 
punishing anyone without complying with all the requisites of due process; 
requiring persons deprived of their liberty for reasons related to the armed 
conflict to disclose information other than their identity; 
desecration of the remains of those who have died in the course of the 
armed conflict or while under detention, and breach of duty to tender 
immediately such remains to their families or to give them a decent burial; 
failure to report the identity , personal condition and circumstances of a 
person deprived of hislher liberty for reasons related to the armed conflict 
to the Parties to enable them to perform their duties and responsibilities 
under this Agreement and under international humanitarian law; 
denial of the right of relatives and duly authorized representatives of a 
person deprived of liberty for reasons related to the armed conflict to 
inquire whether a person is in custody or under detention, the reasons for 


7. 
8. 
9. 
the detention, under what circumstances the person in custody is being 
detained, and to request directly or through mutually acceptable 
intermediaries for hislher orderly and expeditious release; 
practices that cause of allow the forcible evacuations or forcible 
reconcentration of civilians involved in military or imperative military 
reasons so demand; the emergence and increase of internally displaced 
families and communities, and the destruction of the lives and property of 
the civilian population; 
maintaining, supporting and tolerating paramilitary groups such as armed 
religious fanatical groups, vigilante groups, private armed groups of 
businessmen, landlords and politicians, and private security agencies 
which are being used in land and labor disputes and the incursions from 
mining, real estate, logging, tourism or other similar projects or programs; 
and 
allowing the participation of civilian or civilian officials in military field 
operations and campaigns. 
PART 5. 
PENALTIES 
See. 12. Range of Penalties for Crimes under Part 2. - The main 
penalty of imprisonment for crimes under Part 2 shall be for a specified number 
of years within a range from 21 to 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 31 to 40 years. 
Sec. 13. Range of Penalties for Crimes under Part 3. - (a) The main 
penalty of imprisonment for crimes under Article 6 shall be for a specified number 
of years within a range from 21 to 30 years; 
(b) The main penalty of imprisonment for crimes under Article 7 shall be for a 
(c) The main penalty of imprisonment for crimes under Article 8 shall be for a 
(d) The main penalty of imprisonment for crimes under Article 9 shall be for a 
specified number of years within a range from 1 to 10 years; 
specified number of years within a range from 11 to 20 years; 
specified number of years within a range from 1 to 10 years; 
Sec. 14. Range of Penalties for Crimes under Part 4. - The main 
penalty of imprisonment for crimes under Part 4 shall be for a specified number 
of years within a range from 11 to 20 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 21 to 30 years. 
Sec. 15. Additional Penalties. - In addition to imprisonment, the Court 
may order, a fine under the criteria provided for in the Rules of Procedure and 
Evidence; andlor forfeiture of proceeds, property and assets derived directly or 
indirectly from that crime, without prejudice to the rights of bona fide third parties. 
Sec. 16. Determination of the Sentence. - (a) In determining the 
sentence, the Court shall, in accordance with the Rules of Procedure and 
14 


Evidence, take into account such factors as the gravity of the crime and the 
individual circumstances of the convicted person; 
b. In imposing a sentence of imprisonment, the Court shall deduct the time, if 
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 40 years; 
PART 6. 
PRINCIPLES OF CRIMINAL RESPONSIBILITY 
Sec, 17, Elements of Crimes. - Elements of Crimes of the Rome Statute 
of the International Criminal Court shall assist Philippine Courts in the 
interpretation and application of Articles 3, 4 and 5. 
Sec. 18. Non-Diminution of International Laws. - Nothing in this Statute 
shall be interpreted as limiting or prejudicing in any way existing or developing 
rules of international law for purposes other than this Statute. 
Sec. 19. Jurisdiction Ratione Temporis. - The Court has jurisdiction 
only with respect to crimes committed after the entry into force of this Statute. 
Sec. 20. 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, 3 and 4 
of this Act for which that person has already been acquitted or convicted by the 
Courts, unless the proceedings in the first court were: 
(i) 
for the purpose of shielding the person concerned from criminal 
responsibility for crimes within the jurisdiction of the Court; or 
conducted not independently or impartially in accordance 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. 
(ii) 
Sec. 21. Applicable Law. -(a) The 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 40; 
(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; 
15 


(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, race, color, 
language, religion or belief, political or other opinion, national, ethnic or social 
origin, wealth, birth or other status. 
Sec. 22. Nullum Crimen Sine Lege. - (1) 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 Court; 
(2) 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; 
(3) This article shall not affect the characterization of any conduct as criminal 
under international law independently of this Statute. 
Sec. 23. Nulla Poene Sine Lege. - A person convicted by the Court may 
be punished only in accordance with this Statute. 
Sec. 24. Non-Retroactivity Ratione Personae. - (I) 
No person shall be 
criminally responsible for conduct prior to the entry into force of the ICC 
Statute. 
(2) 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. 
Sec. 25. individual Criminal Responsibility. - (1) The Court shall have 
jurisdiction over natural persons pursuant to this Statute; 
(2) 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; 
(3) 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 
Commits such a crime, whether as an individual, jointly with 
another or through another person, regardless of whether that 
other Derson is criminally responsible; 
Orders, solicits or induces the commission of such a crime which 
in fact occurs or is attempted; 
For the purpose of facilitating the commission of such a crime, 
aids, abets or otherwise assists in its commission or its attempted 
commission, including providing the means for its commission; 
In any other way contributes to the commission or attempted 
commission of such a crime by a group of persons acting with a 
16 


common purpose. Such contribution shall be intentional and shall 
either: 
(i) 
Be made with the aim of furthering the criminal activity or 
criminal purpose of the group, where such activity or 
purpose involves the commission of a crime within the 
jurisdiction of the Court; or 
Be made in the knowledge of the intention of the group to 
commit the crime; 
(ii) 
In respect of the crime of genocide, directly and publicly incites 
others to commit genocide; 
Attempts to commit such a crime by taking action that commence 
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. 
(e) 
(9 
(4) No provision in this Statute relating to individual criminal responsibility shall 
affect the responsibility of States under international law. 
Sec. 26. Exclusion of Jurisdiction over Persons under Eighteen. - The 
Court shall have no jurisdiction over any person who was under the age of 
eighteen at the time during the alleged commission of the crime. 
Sec. 27, lrrelevance of Official Capacity. - (1) 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 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. 
(2) 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 Court from exercising its jurisdiction over such a person. 
Sec. 28. Responsibility of Commanders and other Superiors. - In 
addition to other grounds of criminal responsibility under this Law for crimes 
within the jurisdiction of the 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 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: 
(i) 
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 
17 


(ii) 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 (a), a superior shall be criminally 
responsible for crimes within the jurisdiction of the Court 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: 
(i) 
The superior either knew, or 
consciously disregarded 
information which clearly indicated, that the subordinates were 
committing or about to commit such crimes; 
(ii) The crimes concerned activities that were within the effective 
responsibility and control of the superior; and 
(iii) The superior failed to take all necessary and reasonable 
measures within his or her power to prevent or repress their 
commission or to submit the matter to the competent 
authorities for investigation and prosecution. 
Sec. 29. Non-Applicability of Statute of Limitations. - The crimes within 
Sec. 30. Mental Element. - (1) Unless otherwise provided, a person shall 
be person shall be criminally responsible and liable for punishment for the crimes 
enumerated in this Act only if the material elements are committed with intent 
and knowledge. A person has intent and knowledge when: 
the jurisdiction of the Court shall not be subject to any Statute of Limitations. 
(a) in relation to conduct, that person means to engage in that conduct; 
(b) in relation to a consequence, that person means to cause that 
consequence or is aware that it will occur in the ordinary course of 
events. 
(2) Knowledge under this Article means awareness that a circumstance 
exists or a consequence will occur in the ordinary course of events. 
See. 31. Grounds for Excluding Criminal Responsibility. - (1) In 
addition to other grounds for excluding criminal liability provided for in this Act, a 
person shall not be criminally responsible if, at the time of that person’s conduct: 
(a) the person suffers from mental disease or defect that destroys that 
persons capacity to appreciate the unlawfulness or nature of his or her 
conduct, or capacity to control his or her conduct to conform to the 
requirements of law; 
(b) the person is in a state of intoxication that destroys the person’s 
capacity to appreciate the unlawfulness or nature of his or her conduct, 
or capacity to control his or her conduct to conform to the requirements 
of law, unless the person as become voluntarily intoxicated under such 
circumstances that the person knew, or disregarded the risk, that, as a 
18 


result of the intoxication, he or she was likely to engage in a conduct 
constituting a crime within the jurisdiction of the Court; 
(c) the person acts reasonably to defend himself or herself 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 unlawful 
use of force in a manner proportionate 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; 
(d) The conduct which is alleged to constitute a crime within this Act 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: 
i) 
made by other persons 
ii) 
constituted by other circumstances beyond the person’s 
control 
2. 
The Court shall determine the applicability of the grounds for exclusion of 
criminal responsibility under this Act to the case before it. 
3. 
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 21 herein. The procedures 
relating to the consideration of such a ground shall be provided for in the 
Rules of Procedure and Evidence. 
Sec. 32. Mistake ofFact or Mistake of Law. - (1) A mistake of fact shall 
be a ground for excluding criminal responsibility only if it negates the mental 
element required by the crime. 
(2) A mistake of law as to whether a particular type f conduct is a crime 
within the jurisdiction of the 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 the succeeding Article. 
Sec, 33. Superior Order and Prescription of Law. - (1) The fact that a 
crime within the jurisdiction of the Court has been committed by a person 
pursuant to an order of a Government of a superior, whether military or civilian, 
shall not relieve that person or criminal responsibility unless: 
(a) the person was under a legal obligation to obey the orders of the 
Government or superior in question; 
(b) The person did not know that the order was unlawful; 
(c) The order was not manifestly unlawful. However, orders to commit 
genocide or crimes against humanity are manifestly unlawful; 
19 


(2) For the purposes of this article, orders to commit genocide or crimes 
against humanity are manifestly unlawful. 
PART 7. 
FAIR TRIAL GUARANTEES 
Sec. 34. Rights of Persons during an Investigation. - (1) In respect of an 
investigation under this Act, a person: 
shall not be compelled to incriminate himself or herself to confess 
his or her guilt; 
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; 
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; 
shall not be subjected to arbitrary arrest and detention, and shall 
not be deprived of his or her liberty except on such grounds and in 
accordance with such procedures which shall be established under 
this Act. 
(2) Where there are grounds to believe that a person has committed a 
crime within the jurisdiction of the Court and that a person is about to be 
questioned either by the Prosecutor, or by national authorities pursuant to a 
request made under Part 9 of the ICC Statute, that person shall also have the 
following rights of which he or she shall be informed prior to being questioned: 
To be informed, prior to being questioned, that there are grounds to 
believe that he or she committed a crime within jurisdiction of the 
court: 
To remain silent, without such silence being a consideration in the 
determination of guilt or innocence; 
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 or her, 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; 
To be questioned in the presence of counsel unless that person 
has voluntarily waived his or her right to counsel. 
Sec. 35. - Presumption of Innocence. - (1) Everyone shall be presumed 
innocent until proved guilty before the Court in accordance with the applicable 
law; 
(2) The onus is on the Prosecutor to prove the guilt of the accused; 
20 


(3) In order to convict the accused, the Court must be convinced of the 
guilt of the accused beyond reasonable doubt. 
Sec. 36. Rights of the Accused. - (1) In the determination of any charge, 
the accused shall be entitled to a public hearing, having regard to the provisions 
of this Statute, to a fair hearing conducted impartially, and to the following 
minimum guarantees, in full equality: 
(a) To be informed promptly and in detail, the nature cause and conteht of 
the charge, in a language which the accused fully understands and 
speaks; 
(b) 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; 
(c) To be tried without undue delay; 
(d) 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 of the accused’s choosing, to be 
informed, if the accused does not have legal assistance of this right, 
and to have 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; 
(e) to examine, or have examined, the witnesses against him or her to 
obtain the attendance and examination of witnesses on his or her behalf 
under the same conditions as witnesses against him or her. The 
accused shall also be entitled to raise defenses and to present other 
evidence admissible under this Statute; 
(f) 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 
Court are not in a language which the accused fully understands and 
speaks; 
(9) 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 
of innocence; 
(h) To make an unsworn oral or written statement in his or her defense; 
(9) not to have imposed on him or her any reversal of the burden of proof 
(2) 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 or she 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 prosecution evidence. In case of doubt, the 
court shall decide. 
or any onus of rebuttal 
Sec. 37. Protection of the Victims and Witnesses. - (1) The 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 
21 


have regard to all relevant factors, including age, gender (see definition in Article 
4 under Crimes against Humanity) 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. 
(2) As an exception to the principle of public hearings provided for in 
Article 36, Paragraph 1 herein, 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. 
(3) 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. 
(4) 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 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. 
(5) A State-Party may make an application for necessary measures to be 
taken in respect of the protection of its servants or agents and the protection of 
confidential or sensitive information. 
Sec. 38. Reparation to Victims. - 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. 
PART 8. 
RELATIONSHIP WITH OTHER LAWS 
Sec. 39. 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. 
Sec. 40. Re/ationship with the international Law. - In the application 
and interpretation of this Statute, the Court shall be guided by the following 
instruments and developments in international law: 
22 


1. 
the 1998 Rome Statute of the International Criminal Court, its 
Elements of Crimes, and its Rules of Procedure and Evidence; 
2. 
the 1949 Geneva Conventions I-IV and their 1977 Additional 
Protocols I & [I; 
the 1954 Hague Convention for the Protection of Cultural Property 
and its I999 Second Protocol; 
the 2000 Optional Protocol to the 1989 Convention on the Rights of 
the Child; 
3. 
4. 
5. 
international criminal law jurisprudence from the international 
criminal tribunals, especially as may come from the International 
Criminal Court in The Hague; 
teachings of the most highly qualified publicists and authoritative 
commentaries on the foregoing sources as subsidiary means for 
the determination of rules of law. 
6. 
Sec. 41. Relationship with the Revised Penal Code. - 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. 
PART 9. 
JURISDICTION AND COURTS 
Sec. 42. 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, 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 of the State or posed no direct threat to the State’s 
own particular security interests. 
Sec. 43. Designation and Training of Special Courts and Prosecutors. 
- (1) 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 Statute. 
The courts referred to here shall be at the Regional Trial Court level and special 
divisions of the Court of Appeals. 
(2) The State shall ensure that judges, prosecutors and investigators, 
especially those designated for purposes of this Statute, receive effective training 
in human rights, international humanitarian law and international criminal law. 
PART 10. 
FINAL PROVISIONS 
Sec. 44. Repealing Clause. - All laws, presidential decrees and 
issuances, executive orders, rules and regulations or parts thereof inconsistent 
with the provisions of this Act are hereby repealed or modified accordingly. 
23 


Sec. 45. Separakility Clause. - If, for any reason or reasons, any part or 
provision of this Act shall be held to be unconstitutional or invalid, other parts or 
provisions hereof which are not affected thereby shall continue to be in full force 
and effect. 
Sec. 46. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in two national newspapers of general circulation. This publication 
shall not be later seven (7) days after the approval hereof. 
Approved, 
24