Philippine Coalition for the International Criminal Court (PCICC) appeal on police commandos' killings

1. PHILIPPINE COALITION FOR THE INTERNATIONAL CRIMINAL COURT
Unit 202, Tempus Place, No. 21 Matalino Road, Diliman, Quezon City, Philippines 1100
Telefax: (632 ) 4354692 • Email: philcicc@gmail.com • Website: www.pcicc.wordpress.com
29 January 2015
MAMASAPANO AND THE PURSUIT OF JUSTICE
Now is a time for mourning and the pursuit of justice. Now is not a time to give
in to rage and vengeance; now is not a time to abandon hope.
As we were looking forward to hear substantial news on work of the Philippine
Congress on the Bangsamoro Basic Law, we were blindsided by news of over 10 hours
of gunfight between an elite command of the Philippine National Police and forces of
the Moro Islamic Liberation Front in Mamasapano, Maguindanao last January 25. News
reports put the casualties of the PNP Special Action Force at 44 while the MILF count 8
for the MILF and another non-state force in the area. So far, the bodies of three
civilians, two women and one man, have been found among the dead.
We mourn with the families of the dead and with the whole nation and we call
for justice for war crimes or other violations of IHL that were allegedly committed in the
fighting. But we cannot lose our head in our grief and demand for justice. Those
withdrawing their support for the peace process and calling for a return to all-out-war
must be made aware that all-out-war is in itself a violation of the rules of war – a
violation of international humanitarian law (IHL).
Those now asking how many lives must be lost and communities burned before
we retaliate must reflect that in conflict-affected communities the burning and killing
have been instigated by both sides over the years. The attacks and counterattacks,
whatever the cause, brought horrific suffering to communities and civilians who have no
part in the hostilities.
There are many other questions to be answered to determine the next steps
after this tragic event. Who gave the command to attack? Why was there no
coordination with the MILF when the PNP entered the area? What was the role played
by other forces? Was the reward money for the capture of a suspected terrorist a factor
in the conduct of operations? What is being done for those who were displaced from
their homes and for the women and children who seek refuge in other places at night?
What war crimes or other violations of IHL were committed? How do we seek justice for
the victims of the crimes that may have been committed?

2. In pursuing justice we need the answers to these question and more. The
Philippine Coalition for the International Criminal Court makes this call for justice with
great expectations that we will be guided by RA 9851 or the Philippine IHL Law and our
commitment to treaty laws on IHL that we have ratified, most especially the Rome
Statute of the International Criminal Court (ICC) which contains lists of war crimes on
non-international armed conflict.
The GRP and MILF have through the years evolved rules and agreements to
uphold IHL and a mutually agreed ceasefire mechanism. In the peace talks, the Joint
GRP-MILF Coordinating Committee on the Cessation of Hostilities (CCCH) has been
essential in addressing clashes and restoring peace.
All these will again be tested in making the GRP and the MILF accountable for
the so-called misencounter in Mamasapano and for their actions since.
Justice and peace cannot live with impunity. We call for GRP-MILF mechanisms
on security to be strengthened. CCCH must be commended for their role in restoring
peace in Mamasapano through talks with the commanders of the SAF and MILF and
even by physically putting themselves in the middle of the battleground to stop the
fighting.
We welcome the inquiry initiated by the government and the investigation to be
done by the MILF even as we call for an independent investigation with civilian experts
on IHL and the full cooperation of the Office of the Presidential Adviser on the Peace
Process, Philippine National Police, and Armed Forces of the Philippines.
We call for justice for all crimes found to have been committed. Citizens working
for peace know that there are many challenges and we need to be steadfast in
demanding accountability when even a law enforcement operation, and not a punitive
attack against any of the forces involved, can escalate into large-scale killing, maiming,
and displacement.
In this way, we truly honor the dead and keep the peace process alive.
REBECCA DESIREE E. LOZADA
PCICC National Coordinator

3. Note on PCICC:
PCICC members include Amnesty International Philippines, Ateneo Human Rights Center, Balay
Rehabilitation Center, Center for International Law, Families of Victims of Involuntary
Disappearance, Medical Action Group (MAG), Philippine Human Rights Information Center, Task
Force Detainees-Philippines, Women’s Legal Bureau and WEDPRO.
PCICC is a member of the Coalition for the International Criminal Court (CICC) which includes
2,500 civil society organizations in 150 different countries working in partnership to strengthen
international cooperation with the ICC; ensure that the Court is fair, effective and independent;
make justice both visible and universal; and advance stronger national laws that deliver justice
to victims of war crimes, crimes against humanity and genocide.
Note on the Rome Statute and NIAC:
The Rome Statute of the International Criminal Court contains two lists of war crimes applicable
in non-international armed conflict. These are found in the following:
Article 8 (2)(c)
(c) 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:
(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 judgement
pronounced by a regularly constituted court, affording all judicial guarantees which are
generally ecognized as indispensable.
Article 8 (2)(e)
(e) 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:
(i) Intentionally directing attacks against the civilian population as such or against individual
civilians not taking direct part in hostilities;

4. (ii) 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;
(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 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;
(v) Pillaging a town or place, even when taken by assault; (vi) Committing rape, sexual slavery,
enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced
sterilization, and any other form of sexual violence also constituting a serious violation of article
3 common to the four Geneva Conventions;
(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups
or using them to participate actively in hostilities;
(viii) 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;
(ix) Killing or wounding treacherously a combatant adversary;
(x) Declaring that no quarter will be given;
(xi) 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;
(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be
imperatively demanded by the necessities of the conflict;