MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ EXECUTIVE ORDER NO. 77, November 22, 2024 ]
ESTABLISHING AN INTER-AGENCY COMMITTEE ON INTERNATIONAL HUMANITARIAN LAW
WHEREAS, Section 2, Article II of the Constitution provides that the Philippines renounces war as an instrument of national policy, adopts generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations;
WHEREAS, Section 11, Article II of the Constitution declarers it a policy of the State to value the dignity of every human person and guarantee full respect for human rights;
WHEREAS, International Humanitarian Law (IHL) comprises a set of legal standards and rules aimed to protecting persons who are not directly, or are no longer directly or actively, participating in wars or armed conflicts;
WHEREAS, the Philippines is a State Party to the 1949 Geneva Conventions and its Additional Protocols, which require Contracting Parties to ensure humane treatment of wounded or captured military personnel, medical personnel, and non-military civilians during wars or armed conflicts;
WHEREAS, Section 2 of Republic Act (RA) No. 9851 or the "Philippine Act on Crimes Against IHL, Genocide, and Other Crimes Against Humanity" declares it a policy of the State to guarantee a fair and prompt trial of the accused charged with crimes against IHL, and protect the safety of concerned victims, witnesses, and their families;
WHEREAS, Section 2 of RA No. 11188 or the "Special Protection of Children in Situations of Armed Conflict" requires special protection to children in situations of armed conflict from all forms of abuse, violence, neglect, cruelty, discrimination and other conditions prejudicial to their development, taking into considerations their gender, cultural, ethnic and religious backgrounds;
WHEREAS, Executive Order (EO) No. 134 (s. 1999) established an Ad Hoc Committee, chaired by the Department of National Defense (DND) and Department of Foreign Affairs (DFA), to raise public awareness on IHL, by organizing programs and activities for the annual observance of IHL Day held every 12th day of August of every year;
WHEREAS, during the 33rd International Conference of Red Cross and Red Crescent (ICRCRC) held in 2019 in Geneva, Switzerland, the ICRCRC adopted Resolution No. 1 (s. 2019) to encourage States, including the Philippines, to establish their respective national committees tasked to assist authorities in implementing IHL within their respective jurisdictions; and
WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all the Executive departments, bureaus, and offices, and the mandate to ensure the faithful execution of laws;
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1. Inter-Agency Committee on International Humanitarian Law. The Inter-Agency Committee on International Humanitarian Law (IAC-IHL) is hereby created. The IAC-IHL shall be composed of the heads of the following agencies:
| C-Chairperson |
: |
DND and DFA |
| Members |
: |
Department of the Interior and Local Government; |
|
|
Department of Justice; |
|
|
Department of Social Welfare and Development; |
|
|
Department of Trade and Industry; |
|
|
Department of Health; |
|
|
Armed Forces of the Philippines; |
|
|
Philippine National Police; |
|
|
Philippine Coast Guard; |
|
|
National Commission on Indigenous Peoples; |
|
|
Commission on Higher Education; |
|
|
Office of the Presidential Adviser on Peace, Reconciliation and Unity; and |
|
|
Presidential Human Rights Committee Secretariat. |
The DND and DFA shall jointly serve as Secretariat of the IAC-IHL, and shall provide administrative and technical support to the Committee.
The Co-Chairpersons and members of the IAC-IHL may designate their respective alternates, with ranks not lower than Assistant Secretary or its equivalent, who are fully authorized to decide for or on their behalf.
The IAC-IHL shall convene at least once every quarter or as often as may be deemed necessary by the Co-Chairpersons.
Section 2. Duties. The IAC-IHL shall serve as the national committee tasked to advise and assist relevant government authorities in implementing, developing, and raising public awareness regarding IHL. For this purpose, the IAC-IHL shall perform the following duties and functions, subject to existing laws, rules and regulations:
a. Formulate and implement year-round programs and activities for the promotion of IHL and other relevant treaties, international agreements, and other instruments to which the Philippines is a party, including commemoration of IHL Day every 12th day of August;
b. Study and submit recommendations to concerned government agencies regarding the effective implementation of and compliance with IHL;
c. Coordinate and collaborate with concerned government agencies, as well as non-government organizations (NGOs), civil society groups, the academe, and other stakeholders, towards the promotion of and compliance with IHL. The IAC-IHL may likewise invite them as observers and/or resource persons to aid in the performance of the Committee's mandate;
d. Serve as focal point for coordination and cooperation both within the Philippine government and with external partners on IHL promotion and compliance before, during and after wars or armed conflicts;
e. Monitor compliance of agencies with IHL and report violations thereof to relevant authorities;
f. As may be necessary, create, convene, and reorganized sub-committees or technical working groups to assist in the implementation of this Order; and
g. Perform such other functions as may be directed by the President and/or the Executive Secretary.
Section 3. Funding. The funding requirements for the initial implementation of this Order shall be charged against current and available appropriations of member-agencies of IAC-IHL, subject to pertinent budgeting, accounting, and auditing laws, rules and regulations. Thereafter, the funding requirements necessary for the continued implementation of this Order shall be included in the budget proposals of member-agencies, subject to the usual budget preparation process.
Section 4. Implementing Guidelines. Within 60 working days from the effectivity of this Order, the IAC-IHL, in coordination with relevant government agencies, shall formulate the guidelines necessary to effectively implement this Order, which shall include, among others, the mechanism for coordination and/or consultation with the public, NGOs, and civil society groups, subject to existing laws, rules and regulations.
Section 5. Separability. If any part or provision of this Order shall be held invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect.ℒαwρhi৷
Section 6. Repeal. All other orders, rules and regulations, or parts thereof that are inconsistent with this Order, are hereby repealed or modified accordingly.
Section 7. Effectivity. This Order shall take effect immediately after its publication in the Official Gazette or in a newspaper of general circulation.
DONE, in the City of Manila, this 22nd day of November, in the year of our Lord, Two Thousand and Twenty-Four.
(Sgd.) FERDINAND R. MARCOS, JR.
By the President:
(Sgd.) LUCAS P. BERSAMIN
Executive Secretary
The Lawphil Project - Arellano Law Foundation
