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Basis: - House Bill No. 00239 Basis: - Guiding Principles For Internally Displaced Persons - Rome Statute

The document discusses the responsibility of non-state actors like the Moro Islamic Liberation Front (MILF) to protect internally displaced persons during armed conflict. It notes that existing Philippine law does not clearly address this issue or assign liability, since a relevant bill was vetoed. The paper aims to answer this question through analysis of international laws and guiding principles. It presents a table comparing the vetoed bill to international standards, noting differences in jurisdiction, persons considered liable, groups responsible for protection, and acts considered punishable regarding internal displacement.

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63 views2 pages

Basis: - House Bill No. 00239 Basis: - Guiding Principles For Internally Displaced Persons - Rome Statute

The document discusses the responsibility of non-state actors like the Moro Islamic Liberation Front (MILF) to protect internally displaced persons during armed conflict. It notes that existing Philippine law does not clearly address this issue or assign liability, since a relevant bill was vetoed. The paper aims to answer this question through analysis of international laws and guiding principles. It presents a table comparing the vetoed bill to international standards, noting differences in jurisdiction, persons considered liable, groups responsible for protection, and acts considered punishable regarding internal displacement.

Uploaded by

cardeguzman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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The main aim of our paper is to identify the extent of responsibility of

non-state actors, specifically the Moro Islamic Liberation Front (MILF), to


protect internally displaced persons in a situation of armed conflict. As
pointed out in our Scope and Limitations, our research shall be limited to
mandates provided by international and, if applicable, domestic laws.
Given that House Bill No. 00239 was vetoed by former President Benigno
Aquino, it is not legally binding. Therefore, it neither creates a right nor an
obligation. It cannot be used as a basis to make a person, natural or
juridical, groups or institutions liable for any act or omission.
In the absence of a law that specifically addresses Internal
Displacement, the liability of people causing it, particularly non-state actors,
is still in question. This is what our paper is trying to answer, through
research and analysis of existing local and international laws.
Furthermore, the table below presents the difference between House
Bill No. 00239 from our research.
Basis:
- House Bill No. 00239

Basis:
- Guiding
Principles
for
Internally
Displaced
Persons
- Rome Statute
Jurisdiction
Philippine courts
International Criminal Court
Person/s Liable
Principals, Accomplices, Accessories
Principals
Groups Responsible for the Protection of IDPs
Government/State
Non-state actors
Acts Punishable
Sec. 6 The prohibited acts of
- As part of a widespread or
arbitrary internal displacement shall
systematic
attack
directed
include, but are not limited to, those
against any civilian population,
committed:
with knowledge of the attack:
a. In situations of armed conflict,
unless the security of civilians
is involved;
An Order of Battle/Watchlist issued
by the military or any law
enforcement
agency
of
the

(d) Deportation or forcible


transfer of population;
(Rome Statute: Crimes Against
Humanity Art. 7, Par. 1d)
-

Ordering the displacement of


the civilian population for

government shall not justify the


arbitrary internal displacement
and shall subject the perpetrators
to the penalties provided under
Sec. 13 of this Act.

reasons related to the conflict,


unless the security of the
civilians involved or imperative
military reasons so demand;
(Rome Statute:
War Crimes
Art. 8, Par. 2.e.viii)

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