Tag: military operations

Armed conflict, international law

monitoring the war: Government should map out a timetable for the military operations for purposes of organizing relief for the civilians

        The 130,000 persons or 18,000 families who were forced to leave their homes and run from the bombings and shooting in Midsayap, North Cotabato,  and now cramped in schoolhouses without enough food and clean drinking water, are what are referred to by international humanitarian law as : internally displaced persons (more commonly called refugees).

   

Artist unnamed. Rioters Attack the Royal Palace during the French Revolution. Right-clicked from www.allposters.com, used here for educational, non-commercial purposes, free service by blog-use of image provided by and from said site.
Artist unnamed. Rioters Attack the Royal Palace during the French Revolution. Right-clicked from http://www.allposters.com, used here for educational, non-commercial purposes, free service by blog-use of image provided by and from said site.

 

 

          We will not, for now, go into the military aspect of it all, who started what, which  units violated which  :  too many players have been allowed to run around North Cotabato  since June-July while the GRP and MILF were preparing for the signing ceremonies : armed CAFGU’s and other armed CVO’s; MILF base commands which this August  apparently failed to leave upon orders of the MILF Central Command either because they were surrounded by armed CAFGU’s (MILF version) or because they refused and are now a lost command (government version), parties feuding over the land which started the skirmishes, armed barangay captains and councilmen, and on the national level, the AFP and the MILF. The Joint Ceasefire Committee should come up with an investigation report before the peace negotiations could be taken further.

     

        Unfortunately too, the government has no timetable or estimated timetable as to the continued overrunning of the barangays. While it is conceded that in certain cases, such a timetable cannot be disclosed, it is hoped that for purposes of preparing relief for the internally displaced persons, and  for purposes of preparing the refugees themselves (so the displaced families can more or less organize their lives : which relatives and government agencies they can get relief from, how will their children go to school, where will they put their farm animals and belongings, etc.), it is hoped that the AFP unit has a plan along the lines of a timeframe.  

     The following are the pertinent provisions  of international humanitarian law on internally displaced persons:

 quote “Guiding principles on internal displacement, United Nations  document, 11 February 1998

http://cicr.org/web/eng/siteeng0.nsf/htmlall/section_ihl_refugees_and_idps

XXXXXXX

      quote “Principle 18. (1). All internally displaced persons have the right to an adequate standard of living. (2) At the minimum, regardless of the circumstances, and without discrimination, competent authorities shall provide internally displaced persons with and ensure safe access to:

     quote “(a) Essential food and potable water;

     quote “(b) Basic shelter and housing;

     quote “(c) Appropriate clothing; and

     quote “(d) Essential medical services and sanitation.” closed-quote.

             (Clean drinking water and food supply. After the President and her court  junketed at the Beijing Olympics when armed hostilities were about to break out in North Cotabato, maybe the least they could do is to mobilize resources  so that 130,000 displaced persons  would not starve.)

    XXXXX

      quote “(3) Special efforts should be made to ensure the full participation of women in the planning and distribution of these basic supplies.

       quote “Principle 19. (1) All wounded and sick internally displaced persons as well as those with disabilities shall receive to the fullest extent practicable and with the least possible delay, the medical care and attention they require, without distinction on any grounds other than medical ones. When necessary, internally displaced persons shall have access to psychological and social services.

       quote “(2) Special attention should be paid to the health needs of women, including access to female health care providers and services, such as reproductive health care, as well as appropriate counselling for victims of sexual and other abuses.

        quote “(3) Special attention should also be given to the prevention of contagious and infectious diseases, including AIDS, among internally displaced persons.

       (Hundreds families of lie next to each other without enough sanitation facilities. In order to prevent the spread of diseases, government should provide adequate temporary living quarters with enough sanitation facilities and not simply leave the refugees to their own device.)

XXXXXXXXX

        quote “Principle 21. (1) No one shall be arbitrarily deprived of property and possessions. (2) The property and possessions of internally displaced persons shall in all circumstances be protected,

in particular, against the following acts:

        quote “(a) Pillage;

        quote “(b) Direct or indiscriminate attacks or other acts of violence;

         quote “(c) Being used to shield military operations or objectives;

       quote “(d) Being made the object of reprisal; and

          quote “(e) Being destroyed or appropriated as a form of collective punishment.

           quote “3. Property and possessions left behind by internally displaced persons should be protected against destruction and arbitrary and illegal appropriation, occupation or use.

XXXXXXXXXX

         quote “Principle 25. (1) The primary duty and responsibility for providing humanitarian assistance to internally displaced persons lies with national authorities.

         quote “(2) International humanitarian organizations and other appropriate actors have the right to offer their services in support of the internally displaced. Such an offer shall not be regarded as an unfriendly act or an interference in a State’s internal affairs and shall be considered in good faith. Consent thereto shall not be arbitrarily withheld, particularly when authorities concerned are unable or unwilling to provide the required humanitarian assistance.

        quote “(3) All authorities concerned shall grant and facilitate the free passage of humanitarian assistance and grant persons engaged in the provision of such assistance rapid and unimpeded access to the internally displaced.

          quote “Principle 26. Persons engaged in humanitarian assistance, their transport and supplies shall be respected and protected. They shall not be the object of attack or other acts of violence.

XXXXXXXXX

         quote “Principle 28. (1) Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country. Such authorities shall endeavour to facilitate the reintegration of returned or resettled internally displaced persons.

         quote “(2) Special efforts should be made to ensure the full participation of internally displaced persons in the planning and management of their return or resettlement and reintegration.

XXXXXX” closed-quote. Underscoring supplied.

 

Armed conflict, Criminal law, The News Media

To the Crisis Management Committee (re. Ces Oreña-Drilon & team in Sulu) : All troop movements should be under your command. Anticipate info, disinformation.

Photo  by Jack Fellows. Too Close for Comfort. Used here for  educational, non-commercial purposes, thru the free service by blog-use of image provided by and from www.allposters.com .

       This came out in thousands of copies in a broadsheet. It’s too late. Let’s hope it can be prevented from happening again. We all know what a drone is —  an unmanned aircraft guided by remote control; we all know that the U.S. military uses drones to take aerial photos in war-torn areas; we all know that there are American soldiers in Mindanao apparently not conducting drills but actual operations;  there are plenty of days to discuss all the criminal provisions violated by the captors of Ces Oreña-Drilon and her team, the Revised Penal Code, special laws, books, volumes, a library, truckload;   plenty of days to discuss treaties  and constitutional provisions violated by foreign military  operations without treaties; plenty of days for that, those can wait; until the ABS-CBN news team and the prof are safe back home. To the Crisis Management Committee: Does it have to be spelled it out? I know that you cannot vet the media but you can at least hold twice a day briefings in order to contextualize all pieces of information that are coming out and  to anticipate disinformation.

 

      This is the kind of information, whether true or not, whether verified or not, that would cause communication lines to be cut off. While ARMM Police Supt. Goltiao had denied in a morning interview with Vice President Noli de Castro over DZMM that communication lines had been cut off; “emissary”  Sulu Mayor Isnaji Alvarez had earlier “disclosed” (see broadsheets)  that he had not been able to contact the cellphones, do you wonder now why?

 

        Cellphones.

 

     A Manila Times correspondent reported (it’s too late now, it’s been published in thousands of copies, this  small  blog is so puny that  i can quote it):

 

     Quote “Although the Abu Sayyaf cut off the communication lines, the US military continued to assist local authorities in tracking down the hostages and their captors. American soldiers helping Filipino security forces fight terrorism were said to be using electronic surveillance and unmanned aerial vehicles to trace the location of the hostages.” Closed-quote.

 

     In the first place, if true, all troop movements, if any,  should be under the command of the crisis committee. In the second place, all information on troop movements, if any,  should be under the control of the crisis committee.  In the third place, the crisis committee should anticipate all kinds of information or disinformation going around.

 

       (i know…our friends in the media will say that there is some good to reporting it because at least the crisis committee would know what it doesn’t know; i just hope we are conscious of the possible cost.)

 

 

     And to the correspondent/ reporter: PLEASE PO, KAPAG  TROOP  MOVEMENTS  AT  SURVEILLANCE,  AT MAY HOSTAGES, MAG-IINGAT  TAYO SA PAGRI-REPORT, KAHIT  SA  ESKWELAHAN  TINUTURO  YAN, DIYOS KO. BAKA PWEDENG I-EMBARGO MUNA NATIN NG ILANG ARAW, KAHIT ILANG ARAW LANG,  LALO NA KUNG HINDI FIRST-HAND,  YUNG MGA GANUONG IMPORMASYON AT  I-REPORT NATIN KAPAG LIGTAS  NA  PARA  MAIMBESTIGA  NANG MABUTI. (ayan na, naiinis na naman ako, sorry po, i should probably be more detached and ignore all these, there’s nothing  i can do.)   

 

(i have plenty of days to discuss the criminal provisions,  the constitutional provisions violated;  i know, we should document all these  and not forget to investigate, after the news team is safe back home ).

 

     Ang kulit ko: To the crisis committee: all troop movements in the area while the crisis is on-going should be under your command. All kinds of disinformation should be anticipated.