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


to international jurisprudence in interpreting and applying particular provisions of the source 
international treaty. 
Any development of higher international human rights standards should be weloomed as 
an impetus to improve Philippine human rights standards. Thus, this bill proposes the adoption 
of international principles of criminal responsibility and proposes the gperationaliztltion of 
universal jurisdiction. By providing all national courts with universal jurisdiction over grave 
crimes under international law, an integrated system of investigation and prosecution of crimes 
under international law will be established. This will help to eventually eliminate safe havens for 
the perpetrators and end impunity. 


i. 
r 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 
5 SEP 26 P2:36 
3 5 
RECEIVED BY : 
.. 
S.B. No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
DEFINING AND PENALIZING C W E S  AGAINST INTERNATIONAL tEwMANITARLAN 
LAW AND OTHER SERIOUS INTERNATIONAL ClUMES, ADOPTINO 
CORRESPONDING PRINCIPLES OF CRIMINAL RESPONSIBILITY, APPLYING 
UNIVERSAL JURISDICTION, AND DESIGNATING SPECIAL COURTS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
PART 1. INTRODUCTORY PROVISIONS 
ARTICLE 1 
Short Title 
This Act shall be known as the “Philippine Statute on Crimes Against International 
Humanitarian Law.” 
ARTICLE 2 
Declaration of Principles and State Policies 
(A) The Philippines renounces war as an instrument of national policy, adopts the 
generally accepted principles of international law as part of the law of the land, and adheres to a 
policy of peace, equality, justice, freedom, cooperation, and amity with all nations. 
(B) The State values the dignity of every human person and guarantees full respect for 
human rights. 
(C) The principles, rules and regulations of the Hague Conventions and the Geneva 
Conventions on warfare and international humanitarian law form part of the law of our nation, 
(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 of the perpetrators of these crimes and thus 


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contribute to the prevention of such crimes, it being the duty of every State to exercise its 
criminal jurisdiction over those responsible for international crimes. 
(E) The State shall guarantee persons suspected or accused of grave crimes under 
international law all rights necessary to ensure that their trials will be fair and prompt in strict 
accordance with international law and standards for fair trials. It shall also protect victims, 
witnesses and their families, and provide appropriate redress to victims and their families. 
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PART 2. MOST SERIOUS CRIMES OF INTERNATIONAL CONCERN 
ARTICLE 3 
Genocide 
The international crime of genocide shall be punishable under this Statute. For the 
purpose of this Statute, “genocide” means any of the following acts committed with intent to 
destroy, in whole or in part, a national, ethnical, racial, religious, political, social or any similar 
stable and permanent group, as such: 
(A) Killing members of the group; 
(B) Causing serious bodily or mental harm to members of the group; 
(C) Deliberately inflicting on the group conditions of life calculated to -ring 
about its physical destruction in whole or in part; 
(D) Imposing measures intended to prevent births within the group; 
(E) Forcibly transfeming children of the group to another group. 
ARTICLE 4 
Crimes Against Humanity 
(A) Crimes against humanity shall be punishable under this Statute. For the purpose of 
this Statute, “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 
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(1) Murder; 
(2) Extermination; 
(3) Enslavement; 


(4) Deportation or forcible transfer of population; 
(5) Imprisonmeiit or other severe deprivation of physical liberty in violation 
of fundamental rules of international law; 
(6) Torture; 
(7) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced 
sterilization, or any other form of sexual violence of comparable gravity; 
(8) Persecution against any identifiable group or collectivity on political, 
racial, national, ethnic, cultural, religious, gender as defined in paragraph 
(C), or other grounds that are universally recognized as impermissible 
under international law, in connection with any act referred to in this 
paragraph or any crime within the jurisdiction of the Court; 
(9) Enforced disappearance of persons; 
(IO) The crime of apartheid; 
(11) Other inhumane acts of a similar character intentionally causing great 
suffering, or serious injury to body or to mental or physical health. 
(B) For the purpose o f  paragraph (A): 
(1) “Attack directed against any civilian population” means a course of 
conduct involving the multiple commission of acts referred to in 
paragraph (A) against any civilian population, pursuant to or in 
furtherance of a State or organizational policy to commit such attack; 
(2) “Extermination” includes the intentional infliction of conditions of life, 
inter alia the deprivation of access to food and medicine, calculated to 
bring about the destruction of part of a population; 
(3) “Enslavement” means the exercise of any or all of the powers attaching 
to the right of ownership over a person and includes the exercise of such 
power in the course of trafficking in persons, in particular women and 
children: 
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. 
(4) “Deportation or forcible transfer of population” means forced 
displacement of the persons concerned by expulsion or other coercive 
acts from the area in which they are lawfully present, without grounds 
permitted under international law; 
( 5 )  “Torture” means the intentional infliction of severe pain or suffering, 
whether physical or mental, upon a person in the custody or under the 
control of the accused; except that torture shall not include pain or 
suffering arising only from, inherent in or incidental to, lawful sanctions; 
(6) “Forced pregnancy” means the unlawful confinement of a woman 
forcibly made pregnant, with the intent of affecting the ethnic 
composition of any population or carrying out other grave violations of 
international law. This definition shall not in any way be interpreted as 
affecting national laws relating to pregnancy; 
(7) “Persecution” means the intentional and severe deprivation of 
fundamental rights contrary to international law by reason of the identity 
of the group or collectivity; 
(8) “The crime of apartheid” means inhumane acts of a character similar to 
those referred to in paragraph (A), committed in the context of an 
institutionalized regime of systematic oppression and domination by one 
racial group over any other racial group or groups and committed with 
the intention of maintaining that regime; 
(9) “Enforced disappearance of persons” means the arrest, detention or 
abduction of persons by, or with the authorization, support or 
acquiescence of, a State or a political organization, followed by a refusal 
to acknowledge that deprivation of freedom or to give information on the 
fate or whereabouts of those persons, with the intention of removing 
them from the protection of the law for a prolonged period of time. 
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(C) For the purpose of this Statute, 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 tern “gender” does not indicate any meaning different from 
the above. 
ARTICLE 5 
War Crimes 
(A) War crimes shall be punishable under this Statute. 
(B) For the purpose of this Statute, “war crimes” means: 
(1) Grave breaches of the Geneva Conventions of 12 August 1949, namely, 
any of the following acts against persons or property protected under the 
provisions of the relevant Geneva Convention: 
(a) willful killing; 
(b) torture or inhuman treatment, including biological experiments; 
(c) willfully causing great suffering, or serious injury to body or health; 
(d) extensive destruction and appropriation of property, not justified by 
military necessity and carried out unlawfully and wantonly; 
(e) compelling a prisoner of war or other protected person to serve in the 
forces of a hostile power; 
(0 willfully depriving a prisoner of war or other protected person of the 
rights of fair and regular trial; 
(9) unlawful deportation or transfer or unlawhl confinement; 
(h) 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: 
(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; 


(c) intentionally directing attacks against personnel, installations, 
material, units or vehicles involved in a humanitarian assistance or 
peacekeeping mission in accordance with the Charter of the United 
Nations, as long as they are entitled to the protection given to 
civilians or civilian objects under the international law of armed 
conflict; 
(d) intentionally launching an attack in the knowledge that such attack 
will cause incidental loss of life or injury to civilians or damage to 
civilian objects or widespread, long-term and severe damage to the 
natural environment which would be clearly excessive in relation to 
the concrete and direct overall military advantage anticipated; 
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(e) attacking or bombarding, by whatever means, towns, villages, 
dwellings or buildings which are undefended and which are not 
military objectives; 
(0 killing or wounding a combatant who, having laid down his arms or 
no longer having means of defense, has surrendered at discretion; 
(g) 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; 
(h) 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; 
(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; 
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0) 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; 
(k) killing or wounding treacherously individuals belonging to the hostile 
nation or army; 
(I) declaring that no quarter will be given; 
(m) destroying or seizing the enemy's property unless such destruction or 
seizure be imperatively demanded by the necessities of war; 
(n) declaring abolished, suspended or inadmissible in a court of law the 
rights and actions of the nationals of the hostile party; 
(0) compelling the nationals of the hostile party to take part in the 
operations of war directed against their own country, even if they 
were in the belligerent's service before the commencement of the 
War; 
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(p) pillaging a town or place, even when taken by assault; 
(q) employing poison or poisoned weapons; 
(r) employing asphyxiating, poisonous or other gases, and all analogous 
liquids, matenals or devices; 
(s) employing bullets which expand or flatten easily in the human body, 
such as bullets with a hard envelope which does not entirely cover 
the core or is pierced with incisions; 
(t) employing weapons, projectiles and material and methods of warfare 
which are of a nature to cause superfluous injury or unnecessary 
suffering or which are inherently indiscriminate in violation of the 
international law of armed conflict, provided that such weapons, 


projectiles and material and methods of warfare are the subject of a 
comprehensive prohibition and are included in an annex to this 
Statute. 
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(u) committing outrages upon personal dignity, in particular humiliating 
and degrading treatment; 
(v) committing rape, sexual slavery, enforced prostitution, forced 
pregnancy, enforced sterilization, or any other form of sexual 
violence also constituting a grave breach of the Geneva Conventions; 
(w) utilizing the presence of a civilian or other protected person to render 
certain points, areas or military forces immune from military 
operations; 
(x) intentionally directing attacks against buildings, material, medical 
units and transport, and personnel using the distinctive emblems of 
the Geneva Conventions in conformity with international law; 
(y) intentionally using starvation of civilians as a method of warfare by 
depriving them of objects indispensable to their survival, including 
willfully impeding relief supplies as provided for under the Geneva 
Conventions; 
(2) conscripting or enlisting children under the age of eighteen years into 
the national armed forces or using them to participate actively in 
hostilities. 
(aa) The following acts when committed willfully and in violation of the 
relevant provisions of the 1949 Geneva Conventions or the 1977 
Additional Protocol I: 
(i) launching an attack against works or installations containing 
dangerous forces in the knowledge that such attack will cause 
excessive loss of life, injury to civilians or damage to civilian 
objects, and causing death or serious injury to body or health; 
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(ii) making non-defended localities and demilitarized zones the 
object of attack, and causing death or serious injury to body or 
health; and 
(iii) unjustifiable delay in the repatriation of prisoners of war or 
civilians. 
(3) In the case of an armed conflict not of an international character, serious 
violations of Article 3 common to the four Geneva Conventions of 12 
August 1949, namely, any of the following acts committed against 
persons taking no active part in the hostilities, including members of 
armed forces who have laid down their arms and those placed hors de 
combat by sickness, wounds, detention or any other cause: 
(a) Violence to life and person, in particular murder of all kinds, 
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mutilation, cruel treatment and torture; 
@) Committing outrages upon personal dignity, in particular humiliating 
and degrading treatment; 
(c) Taking of hostages; 
(d) The passing of sentences and the carrying out of executions without 
previous judgement pronounced by a regularly constituted court, 
affording all judicial guarantees which are generally recognized as 
indispensable. 
(4) Paragraph (B)(3) applies to armed conflicts not of an international 
character and thus does not apply to situations of internal disturbances 
and tensions, such as riots, isolated and sporadic acts of violence or other 
acts of a similar nature. 
(5) Other serious violations of the laws and customs applicable in armed 
conflicts not of an international character, within the established 
framework of international law, namely, any of the following acts: 
(a) Intentionally directing attacks against the civilian population as such 
or against individual civilians not taking direct part in hostilities; 
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(b) Intentionally directing attacks against buildings, material, medical 
units and transport, and personnel using the distinctive emblems of 
the Geneva Conventions in conformity with international law; 
(c) Intentionally directing attacks against personnel, installations, 
material, units or vehicles involved in a humanitarian assistance or 
peacekeeping mission in accordance with the Charter of the United 
Nations, as long as they are entitled to the protection given to 
civilians or civilian objects under the international law of w e d  
conflict; 
(d) Intentionally directing attacks against buildings dedicated to religion, 
education, art, science or charitable purposes, historic monuments, 
hospitals and places where the sick and wounded are collected, 
provided they are not military objectives; 
(e) Pillaging a town or place, even when taken by assault; 
(0 Committing rape, sexual slavery, enforced prostitution, forced 
pregnancy, as defined in Article 4, enforced sterilization, and any 
other form of sexual violence also constituting a serious violation of 
Article 3 common to the four Geneva Conventions; 
(g)Conscripting or enlisting children under the age of 18 years into 
armed forces or groups or using them to participate actively in 
hostilities; 
(h) Ordering the displacement of the civilian population for reasons 
related to the conflict, unless the security of the civilians involved or 
imperative military reasons so demand; 
(i) Killing or wounding treacherously a combatant adversary; 
0) Declaring that no quarter will be given; 
(k) Subjecting persons who are in the power of another party to the 
conflict to physical mutilation or to medical or scientific experiments 
of any kind which are neither justified by the medical, dental or 
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hospital treatment of the person concerned nor carried out in his or 
her interest, and which cause death to or seriously endanger the 
health of such person or persons; 
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(1) Destroying or seizing the property of an adversav unless such 
destruction or seizure be imperatively demanded by the necessities of 
the conflict; 
(6) Paragraph (B)(5) applies to armed conflicts not of an international 
character, and thus, does not apply to situations of internal disturbances 
and tensions, such as riots, isolated and sporadic acts of violence or other 
acts of a similar nature. It applies to m e d  conflicts that take place in 
the territory of a State when there is protracted armed conflict between 
governmental authorities and organized armed groups or between such 
groups. 
(C) Nothing in paragraph (B)(3) and (5) shall affect the responsibility of a Government 
to maintain or re-establish law and order in the State or to defend the unity and territorial 
integrity of the State, by all legitimate means. 
ARTICLE 6 
Scope of Application 
(A) Notwithstanding the categorization of war crimes and grave breaches into those 
applicable in international armed conflict and those applicable in internal armed conflict in this 
and other articles, there shall be no such distinction in scope of application where acts committed 
in internal m e d  conflict would be qualified as war crimes and grave breaches if committed in 
international m e d  conflict. This non-distinction in scope of application shall likewise apply to 
other articles like Articles 7 and 8 derived from rules for international armed conflict. 
(B) This Statute shall cover Philippine forces on peace-keeping, combat or similar 
missions abroad with the same non-distinction in scope of application where acts committed in 
internal armed conflict would be qualified as war crimes and grave breaches if committed in 
international armed conflict. 


PART 3. OTHER CRIMES AGAINST HUMANITARIAN LAW 
ARTICLE 7 
Misuse and Abuse of the Red Croes and Other Protective Emblems 
In addition to the war crimes under Article 5, paragraph B(2)(g), the Court shall have 
jurisdiction over the following prohibitions on the misuse and abuse of the red cross and other 
protective emblems, in cases not resulting in death, serious personal injury or capture: 
(A) The use by individuals, societies, firms or companies either public or private. 
other than those entitled thereto under the 1949 Geneva Conventions, of the 
emblem or the designation “Red Cross” or “Geneva Cross,” or any sign or 
designation constituting an imitation thereof, whatever the object of such use, 
and irrespective of the date of its adoption, shall be prohibited at all times. 
(B)It is in particular prohibited to display the said emblem or words on signs, 
posters, announcements, leaflets or commercial documents, or to affix them to 
goods or packaging, or to sell, offer for sale or place in circulation goods thus 
marked. 
(C)By reason of the tribute paid to Switzerland by the adoption of the reversed 
Federal colors, and of the confusion which may arise between the arms of 
Switzerland and the distinctive emblem of the Convention, the use by private 
individuals, societies or firms, of the arms of the Swiss Confederation, or of 
marks constituting an imitation thereof, whether as trademarks or commercial 
marks, or as parts of such marks, or for a purpose contrary to commercial 
honesty, or in circumstances capable of wounding Swiss national sentiment, 
shall be prohibited at all times. 
(D) It is prohibited to make use of the distinctive emblem of the United Nations, 
except as authorized by that Organization. 


ARTICLE 8 
Violations Against Cultural Property and Places of Worship 
(A) In addition to the war crimes under Article 5, paragraph (B)(2)(i), the Court shall 
have jurisdiction over violations against cultural property and places of worship in the event of 
armed conflict, as follows: 
(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; and 
(3) making such objects the object of reprisals. 
(B) Punishable under this Statute, when committed willfully and in violation of the 1949 
Geneva Conventions or the 1977 Additional Protocol I, is making the clearly-recognized historic 
monuments, works of art or places of worship which constitute the cultural or spiritual heritage 
of peoples and to which special protection has been given by special arrangement, for example, 
within the framework of a competent international organization, the object of attack, causing as a 
result extensive destruction thereof, where there is no evidence of using such objecs in support of 
the military effort by the adverse party, and when such historic monuments, works of art and 
places of worship are not located in the immediate proximity of military objectives; 
(C) Any person commits an offense within the meaning of the 1999 Second Protocol to 
the 1954 Hague Convention for the Protection of Cultural Property if that person intentionally 
and in violation of the Convention and this Protocol commits any of the following acts, and 
which shall be punishable under this Statute: 
(1) making cultural property under enhanced protection the object of attack; 
(2) using cultural property under enhanced protection or its immediate 
surroundings in support of military action; 
(3) extensive destruction or appropriation of cultural property protected under the 
Convention and this Protocol; 


ARTICLE 9 
Violations Against the Involvement of Children in Armed Conflict 
In addition to the war crimes under Article 5, paragraphs (J3)(2)(z) and (B)(5)(g), 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. PENALTIES 
ARTICLE 10 
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 15 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 30 to 40 years. 
ARTICLE 1 1 
Range of Penalties for Crimes under Part 3 
(A) The main penalty of imprisonment for crimes under Article 7 shall be for a specified 
number of years within a range from one (1) to five (5) years. 
(B) The main penalty of imprisonment for crimes under Article 8 shall be for a specified 
number of years within a range from five (5) to fifteen (1 5) years. 
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(C) The main penalty of imprisonment for crimes under Article 9 shall he for a specified 
number of years within a range from one (1) to ten (10) years. 
ARTICLE 12 
Additional Penalties 
In addition to imprisonment, the Philippine Court may order: 
(A) a fine under the criteria provided for in the Rules of Procedure and Evidence; 
andor 
(B) a forfeiture of proceeds, property and assets derived directly or indirectly 
from that crime, without prejudice to the rights of bona fide third parties. 


ARTICLE 13 
Determination of the Sentence 
(A) In determining the sentence, the Court shall, in accordance with the Rules of 
Procedure and Evidence, take into account such factors as the gravity of the crime and the 
individual circumstances of the convicted person. 
(B) In imposing a sentence of imprisonment, the Court shall deduct the time, if my, 
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. 
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(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 5. PRINCIPLES OF CRIMINAL RESPONSIBILITY 
ARTICLE 14 
Elements of Crimes 
Elements of Crimes of the Rome Statute of the International Criminal Court (ICC) shall 
assist Philippine Courts in the interpretation and application of Articles 3,4 and 5. 
ARTICLE 15 
Non-Diminution of International Law 
Nothing in this Statute shall be interpreted as limiting or prejudicing in any way existing 
or developing rules of international law for purposes other than this Statute. 
ARTICLE 16 
Ne Bis In Idem 
(A) Except as provided herein, no person shall be tried before the Courts with respect to 
conduct which formed the basis of crimes for which the person has been convicted or acquitted 
by the Court. 
” 
(B) No person shall be tried by another court for a crime under Parts 2 and 3 of this 
Statute for which that person has already been convicted or acquitted by a Philippine Court. 


(C) No person who has been tried by another court for conduct also proscribed under 
Parts 2 and 3 of this Statute shall be tried by a Philippine Court unless the proceedings in the 
other court : 
(1) were for the purpose of shielding the person concerned from criminal 
responsibility for crimes within the jurisdiction of the Philippine Court; or 
(2) othenvise were not conducted 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. 
ARTICLE 17 
Applicable Law 
(A) The Philippine Court shall apply: 
(1) In the first place, this Statute and jwisprudence interpreting this Statute. 
(2) In the second place, where appropriate, applicable instruments and 
developments in international law enumerated in Article 36. 
(3) In the third place, by applicable principles and rules of customary 
international law, especially the established principles of international 
humanitarian law, international criminal law and human rights. 
(4) Failing that, general principles of law recognized by civilized nations, 
provided that those principles are not inconsistent with this Statute and 
with international law and internationally recognized norms and 
standards. 
(B) The application and interpretation of law pursuant to this Article must be consistent 
with internationally recognized human rights, and be without any adverse distinction founded on 
grounds such as gender, as defined in Article 4, race, color, language, religion or belief, political 
or other opinion, national, ethnic or social origin, wealth, birth or other status. 


ARTICLE 18 
Nullum Crimen Sine Lege 
(A) A person shall not be criminally responsible under this Statute unless the conduct in 
question constitutes, at the time it takes place, a crime within the jurisdiction of the Philippine 
court. 
(B) The definition of a crime shall be strictly construed and shall not be extended Dy 
analogy. In case of ambiguity, the definition shall be interpreted in favor of the person being 
investigated, prosecuted or convicted. 
(C) This Article shall not affect the characterization of any oonduct as criminal under 
international law independently of this Statute. 
ARTICLE 19 
Nulla Poena Sine Lege 
A person convicted by the Philippine Court may be punished only in accordance with this 
Statute. 
ARTICLE 20 
Change in the Law 
In the event of a change on the law applicable to a given case prior to a final judgment, 
the law more favorable to the person being investigated, prosecuted or convicted shall apply. 
ARTICLE 2 1 
Individual Criminal Responsibility 
(A) The Philippine Court shall have jurisdiction over natural persons pursuant to this 
Statute. 
(B) A person who commits a crime within the jurisdiction of the Court shall be 
individually responsible and liable for punishment in accordance with this Statute. 
(C) In accordance with this Statute, a person shall be criminally responsible and liable 
for punishment for a crime within the jurisdiction of the Court if that person: 
(1) commits such a crime, whether as an individual, jointly with another or 
through another person, regardless of whether that other person is criminally 
responsible; 


(2) orders, solicits or induces the commission of such a crime which in fact occurs 
or is attempted; 
(3) for the purpose of facilitating the commisision of such B crime, ai&, abets or 
otherwise assists in its commission or its attempted commission, including 
providing the means for its commission; 
(4) in any other way contributes to the commiesion or attempted commission of 
such a crime by a group of persons acting with a common purpose. Such 
contribution shall be intentional and shall either: 
(a) be made with the aim of furthering the criminal activity or criminal 
purpose of the group, where such activity or purpose involves the 
commission of a crime within the jurisdiction of the Court; or 
D 
(b) be made in the knowledge of the intention of the group to commit the 
crime; 
(5) in respect of the crime of genocide, directly and publicly incites others to 
commit genocide; 
(6) attempts to commit such a crime by taking action that commences its 
execution by means of a substantial step, but the crime does not occur because 
of circumstances independent of the person’s intentions. However, a person 
who abandons the effort to commit the crime or otherwise prevents the 
completion of the crime shall not be liable for punishment under this Statule 
for the attempt to commit that crime if that person completely and voluntarily 
gave up the criminal purpose. 
(D) No provision in this Statute relating to individual criminal responsibility shall affect 
the responsibility of States under international law. 
ARTICLE 22 
Exclusion of Jurisdiction over Persons under Eighteen 
The Philippine Court shall have no jurisdiction over any person who was under the age of 
18 at the time during the alleged commission of the crime. 


ARTICLE 23 
Irrelevance of Official Capacity 
(A) This Statute shall apply equally to all persons without any distinction based on 
official capacity. In particular, official capacity as a Head of State or Government, a member of a 
Government or parliament, an elected representative or a government official shall in no case 
exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, 
constitute a ground for reduction of sentence. 
(B) Immunities or special procedural rules which may attach to the official capacity of PL 
person, whether under national or international law, shall not bar the Philippine Court from 
exercising its jurisdiction over such a person. 
ARTICLE 24 
Responsibility of Commanders and Other Superiors 
In addition to other grounds of criminal responsibility under this Statute for crimes within 
the jurisdiction of the Philippine Court: 
(A) A military commander or person effectively acting as a military commander 
shall be criminally responsible for crimes within the jurisdiction of the Court 
committed by forces under his effective command and contsol, or effective 
authority and control as the case may be, as a result of his failure to exercise 
control properly over such forces, where: 
(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 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 effective 


authority and control, as a result of his failure to exercise control properly 
over such subordinates, where: 
(1) The superior either knew, or owing to the circumstances at the time, 
should have known that the subordinates were committing or about to 
commit such crimes: and 
(2) The superior failed to take all necessary and reasonable measures within 
his power to prevent or repress their commission or to submit the matter 
to the competent authorities for investigation and prosecution. 
ARTICLE 25 
Non-Applicability of Statute of Limitations 
(A) The crimes within the jurisdiction of the Philippine Court shall not be subject to any 
Statute of Limitations. 
(B) The prosecution of crimes pursuant to this Statute and the execution of sentences 
imposed on their account shall not be subject to any statute of limitations. 
ARTICLE 26 
Mental Element 
(A) Unless otherwise provided, a person shall be criminally responsible and liable for 
punishment for the crimes enumerated in this Statute only if the material elements are committed 
with intent and knowledge. A person has intent and knowledge where: 
.. 
(1) in relation to conduct, that person means to engage in that conduct; 
(2) in relation to a consequence, that person means to cause that consequence or is 
aware that it will occur in the ordinary course of events. 
(B) Knowledge under this Article means awareness that a circumstance exists or a 
consequence will occur in the ordinary course of events. 
ARTICLE 27 
Grounds for Excluding Criminal Responsibility 
(A) In addition to other grounds for excluding criminal liability provided for in this 
Statute, a person shall not be criminally responsible if, at the time of that person's conduct: 


(C) At trial, the Court may consider a ground for excluding criminal responsibility other 
than those enumerated herein where such a ground is derived from the applicable law under 
Article 17 herein. The procedures relating to the consideration of such a ground shall be provided 
for in the Rules of Procedure and Evidence. 
ARTICLE 28 
Mistake of Fact or Mistake of Law 
(A) A mistake of fact shall be a ground for excluding criminal responsibility only if it 
negates the mental element required by the crime. 
(B) A mistake of law as to whether a particular type of conduct is a crime within the 
jurisdiction of the Philippine Court shall not be a ground for excluding criminal responsibility. A 
mistake of law may, however, be a ground for excluding criminal responsibility if it negates the 
mental element required by such a crime, or as provided in Article 29. 
ARTICLE 29 
Superior Orders 
(A) The fact that a crime within the jurisdiction of the Philippine Court has been 
committed by a person pursuant to an order of a Government or of a superior, whether military 
or civilian, shall not relieve that person of criminal responsibility unless the order was not 
manifestly unlawful. 
(B) For the purposes of this Article, orders to commit genocide or crimes against 
humanity are manifestly unlawful. 
PART 6. FAIR TRIAL GUARANTEES 
ARTICLE 30 
Rights of Persons During an Investigation 
(A) With respect to an investigation under this Statute, a person: 
(1) shall not be compelled to incriminate himself to confess his guilt; 
(2) shall not be subjected to any form of coercion, duress of threat, to torture 
or to any form of cruel, inhuman or degrading treatment or punishment; 


(3) shall, if questioned in a language other than a language the person fully 
understands and speaks, have, free of any cost, the assistance of a 
competent interpreter and such translations as are necessary to meet the 
requirements of fairness; and 
(4) shall not be subjected to atbitray arrest and detention, and shall not be 
deprived of his liberty except on such grounds and in accordance with 
such procedures which shall be established under this Statute. 
(B) Where there we grounds to believe that a person has committed a crime within the 
jurisdiction of the Philippine Court and that a person is about to be questioned either by the 
Prosecutor, or by national authorities, that person shall also have the following rights of which he 
shall be informed prior to being questioned: 
(1) To be informed, prior to being questioned, that there are grounds to believe 
that he committed a crime within the jurisdiction of the Court; 
(2)To remain silent, without such silence being a consideration in the 
determination of guilt or innocence; 
(3) To have legal assistance of the person’s choosing or, if the person does not 
have legal assistance, to have legal assistance assigned to him, in any case 
where the interests ofjustice so require, and without payment by the person in 
any such case if the person does not have sufficient means to pay for it; and 
(4) To be questioned in the presence of counsel unless that person has voluntarily 
waived his right to counsel. 
ARTICLE 3 1 
Presumption of Innocence 
(A) Everyone shall be presumed innocent until proven guilty before the Philippine Court 
in accordance with the applicable law. 
@) The onus is on the Prosecutor to prove the guilt of the accused. 
(C) In order to convict the accused, the Court must be convinced of the guilt of the 
accused beyond reasonable doubt. 
n 


n 
1 ,  
‘ 0  
ARTICLE 32 
Rights of The Accused 
(A) 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: 
(1) To be iriformed promptly and in detail, the, nature, cause and content of the 
charge, in a language which the accused fully understands and speaks; 
(2) To have adequate time and facilities for the preparation of the defense and to 
communicate freely with counsel of the accused’s choosing in confidence; 
(3) To be tried without undue delay; 
(4) Subject to removal from the courtroom if the accused continues to disrupt the 
trial, to be present at the trial, to conduct the defense in person or though 
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; 
(5)To examine, or have examined, the witnesses against him or to obtain the 
attendance and examination of witnesses on his behalf under the same 
conditions as witnesses against him. The accused shall also be entitled to 
raise defenses and to present other evidence admissible under this Statute; 
(6) To have, free of any cost, the assistance of a competent interpreter and such 
translations as are necessary to meet the requirements of fairness, if any of the 
proceedings of or documents presented to the Philippine Court are not in a 
language which the accused fully understands and speaks; 
(7) Not to be compelled to testify or to confess guilt and to remain silent, without 
such silence being a consideration in the determination o f  guilt of innocence; 
(8) To make an unsworn oral or written statement in his defense; and 
(9) Not to have imposed on him any reversal of the burden of proof or any onus of 
rebuttal. 


(B) In addition to any other disclosure provided for in this Statute, the Prosecutor shall, 
as soon as practicable, disclose to the defense evidence in the Prosecutor’s possession or control 
which he believes shows or tends to show the innocence of the accused or to mitigate the guilt of 
the accused, or which may affect the credibility of prosecution evidence. In case of doubt, the- 
Court shall decide. 
* 
ARTICLE 33 
Protection of the Victims and Witnesses 
(A) The Philippine Court shall take appropriate measures to protect the safety, physical 
and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the 
Court shall have regard to all relevant factors, including age, gender, as defined in Article 4, 
health, and the nature of the crime, in particular, but not limited to, where the crime involves 
sexual or gender violence or violence against children. The Prosecution shall take such measures 
particularly during the investigation and prosecution of such crimes. These measures shall not 
be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. 
(B) As an exception to the principle of public hearings provided for in Article 33, the 
Court may, to protect the victims and witnesses or an accused, conduct any part of the 
proceedings in camera or allow the presentation of evidence by electronic or other special means. 
In particular, such measures shall be implemented in the case of a victim of sexual violence or a 
child who is a victim or is a witness, unless otherwise ordered by the Court, having regard to all 
the circumstances, particularly the views of the victim or witness. 
(C) Where the personal interests of the victims are affected, the Court shall permit their 
views and concerns to be presented and considered at stages of the proceedings determined to be 
appropriate by the Court in a manner which is not prejudicial to or inconsistent with the rights of ” 
the accused and a fair and impartial trial. Such views and concerns may be presented by the 
legal representatives of the victims where the courts considers it appropriate in accordance with 
the respective Rules of Procedure and Evidence. 
@) Where the disclosure of evidence or information pursuant to this Statute may lead to 
the grave endangerment of the security of a witness or his family, the Prosecution may, for the 
purposes of any proceedings conducted prior to the commencement of the trial, withhold such 


evidence or infomation 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. 
ARTICLE 34 
Reparations to Viotims 
(A) The Philippine Court shall follow prinoiples relating to repmations to, or in respect 
of, victims, including restitution, compensation and rehabilitation, On this basis, in its decision 
the Court may, either upon request or on its own motion in exceptional circumstances, determine 
the scope and extent of any damage, loss and injury to, or with respect to, victims and will state 
the principles on which it is acting. 
(B) The Court may make an order directly,against a convicted person specifymg 
appropriate reparations to, or in respect of, victims, including restitution, compensation and 
rehabilitation. 
(C) Before making an order under this Article, the Court may invite and shall take 
account of representations From or on behalf of the convicted person, victims or other interested 
persons. 
(D) Nothing in this Article shall be interpreted as prejudicing the rights of victims under 
national or international law. 
PART 7. RELATIONSHIP WITH OTHER LAWS 
ARTICLE 35 
Relationship with the Constitution 
This Statute shall supplement the Constitution, especially its Bill of Rights, its relevant 
provisions on international law and human rights, and jurisprudence thereon. 
ARTICLE 36 
Relationship with International Law 
In the application and interpretation of this Statute, the Philippine Court shall be guided 
by the following instruments and developments in international law: 


(A) The 1998 Rome Statute of the International Criminal Court, its Elements of 
Crimes, and its Rules of Procedure and Evidence; 
(B) The 1949 Geneva Conventions I-IV and their 1977 Additional Protocols I & 
II; 
(C) The 1954 Hague Convention for the Protection of Cultural Property and its 
1999 Second Protocol; 
(D) The 2000 Optional Protocol to the 1989 Convention on the Rights of the 
Child; 
(E) International criminal law juzisprudence &om the international Griminal 
tribunals, especially as may come from the International Criminal Court in 
The Hague; 
(F) Relevant and applicable international human rights instruments and 
jurisprudence, mainly from the United Nations system ; and 
(G) Teachings of the most highly qualified publicists and authoritative 
commentaries on the foregoing sources as subsidiary means for the 
determination of rules of law. 
ARTICLE 37 
Relationship with the Revised Penal Code 
And Other Relevant Laws 
The Revised Penal Code shall be suppletory to this Statute for purposes of criminal 
investigation, prosecution and trial of crimes under this Statute. For these purposes, in case of 
conflict, this Statute shall prevail over the Revised Penal Code. The same relationship with this 
Statute applies to the Civil Code of the Philippines and special laws of a criminal and/or civil 
nature, such as on matters of civil liability. 
ARTICLE 38 
Relationship with the Revised Rules on Criminal Procedure 
The Revised Rules of Criminal Procedure shall be suppletory to this Statute, to the 
relevant and applicable provisions of the Rome Statute of the International Criminal Court and 
its Rules of Procedure and Evidence, and to additional special rules of criminal procedure as may 
t 


be fomiulated by the Supreme Court for the investigation, prosecution and trial of crimes under 
this Statute. 
ARTICLE 39 
Relationship with Military Law 
T 
I 
The applicatioii of military law to persons sdbject to military law for aQt8 whlah may be 
constitutive of crimes under this Statute shall be without prejudice to the investigation, 
prosecution and trial o f  said persons for crimes under this Statute. 
PART 8. JURISDICTION AND COURTS 
ARTICLE 40 
Universal Jurisdiction 
(A) 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 or residents of the State, or posed no direct threat to the State’s 
own particular security interests. 
(B) However, in any o f  the latter cases, i.e. if the crimes took place in the territory of 
another state, involved suspects or victims who are not nationals or residents of the State, or 
posed no direct threat to the State’s own particular security interests, the relevant Philippine 
national authorities may dispense with prosecuting a crime punishable under this Statute and in 
lieu thereof transfer suspected or accused persons in the Philippines to the appropriate 
international court, if any, or to another state which may prosecute or be prosecuting the crime 
due to some link with that state. 
ARTICLE 41 
Philippine Courts, Prosecutors, and Investigators 
(A) The Regional Trial Courts of the Philippines shall have original and exclusive 
jurisdiction over the international crimes punishable under this Statute. Their judgments may be 
appealed or elevated to the Court of Appeals and to the Supreme Court under the existing system 
ofjurisdiction of Philippine courts. 


(B) The appropriate instrumentalities of the State, namely the Supreme Court, the 
Department of Justice, and the Commission on Human Rights, shall respectively designate 
special courts, prosecutors, and investigators to investigate, prosecute and try, as the case may 
be, crimes under this Statute. The special courts refer to designated branches of the Regional 
Trial Court and designated divisions of the Court of Appeals. 
(C) 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 9. FINAL PROVISIONS 
ARTICLE 42 
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. 
ARTICLE 43 
Separability Clause 
If, for any reason, 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. 
ARTICLE 44 
Effectivity Clause 
This Statute shall take effect fifteen (15) days after its publication in at least two national 
newspapers of general circulation. This publication shall not be later than seven (7) days after 
the approval hereof. 
Approved, 
~ 


PHILIPPINE STATUTE ON CRIMES AGAINST INTERNATIONAL HUMANITARIAN 
LAW AND OTHER SERIOUS INTERNATIONAL CRIMES 
Table of Contents 
Page 
EXPLANATORYNOTE ................................ 
.......... 
PART 1.INTRODWCTORY PROVISIONS ............ 
Article 1. Short Title 
................. 
................. 
.Article 2. Declaration o f  Principles and State P 
.............................. 3 
............... 4 
PART 2. MOST SERIOUS CRIMES OF INTERNATIONAL CONCERN 
.................... 
.................. 
Article 3. Genocide. 
Article 4. Crimes Against H 
Article 5. War Crimes.. 
............. 
......... 
.m... 
... 7 
Article 6. Scope of Application.. , . , , , , , 
....................... 
...... 
.......... 
.................... 
13 
PART 3. OTHER CRIMES AGAINST INTERNATIONAL HUMANITARIAN LA 
Article 7. Misuse and Abuse of the Red Cross and Other Protective Emblems. 
Article 8. Violations Against Cultural Property and Places of Worship.. ................... 15 
Article 9. Violations Against the Involvement of Children in Armed Conflict.. ........... 16 
........................ 
PART 4.PENALTLES 
................... 
Article 10. Range of Penalties for Crimes Under Part 2 
Article 1 1. Range of Penalties for Crimes Under Part 3 
Article 12. Additional Penalties.. .................... 
Article 13. Determination of the Sentenc 
................. 
? 
PART 5. PRINCIPLES OF CRIMINAL RESPONS 
Article 14. Elements of Crimes.. ......................................... 
.... 17 
Article 15. Non-Dimi 
............................ 
17 
Article 16. Ne Bis In Idem 
Article 17. Applicable Law 
Article 18. Nullum Crime 
Article 19. Nulla Poena S 
Article 20. Change in the Law.. ........................... 
Article 21. Individual Criminal Responsibility, 
Article 22. Exclusion 
Article 23. Irrelevance of Official Capacity.. .......... 
Article 24. Responsibility of Commanders and Other 
Article 25. Non-Applicability of Statute of Limitatio 
Article 26. Mental Element. ............................ 
Article 27. Grounds for Excluding Criminal Respon 
Article 28. Mistake of Fact or Mistake of Law . . . . . . . . . . . . . .  
Article 29. Superior Orders.. 
............................. 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
24 
PART 6. FAIRTRIAL GUARANTEES ....................... 
Article 30. Rights of Persons During an Investigation 
Article 31. Presumption of Innocence.. ................ 
Article 32. Rights of the Accused. 
......... ,, ....... 25 
Article 33. Protection of the Victims and Witnesses.. ................................... 
..27 
Article 34. Reparation to Victims.". 
.., 
.. .28 
............................ 
................................. 


PART 7. RELATIONSHIP WITH OTHER LAWS ........................... 
Article 35. Relationship with the Constitution.. ........................ 
Article 36. Relationship with International Law.. . , ..... , ......... , ..... , .............. 
Article 37. Relationship with the Revised Penal Code and Other R 
Article 38. Relationship with the Revised Rules on Criminal Procedure.. .................. .29 
Article 39. Relationship with Military Law. ............ 
................................. 
30 
PART 8. JURISDICTION AND COURTS 
.,. 
...................................... 
30 
Article 40. Universal Jurisdiction. .......................... 
................ 30 
Article 41. Philippine Courts, Prosecutors, and Investigators. ............................ 
30 
PART 9. FINAL PROVISIONS 
..... 
........... 31 
Article 42. Repealing Clause 
...... 
... 
................................. 
31 
Article 43. Separability Clause., ...................................... 
Article 44. Effectivity.. ............................. 
I 
.......................... 
L