President Arroyo’s signing into law of the Philippine version of the International Humanitarian Law last Friday marked another milestone for the promotion of the human rights in the country, Quezon Rep. Lorenzo “Erin” Tañada III said Saturday.

But the hard part may have only just begun, said Tañada, one of those who spearheaded and consistently worked for the passage of the measure in Congress.

He said he is looking forward to the effective implementation of Republic Act 9851, also known as “An Act Defining and Penalizing Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, Organizing Jurisdiction, Designating Special Courts and for Other Related Purposes.”

“Now comes the harder part of it. Note that the law does not exempt heads of states, and other government officials from criminal liability for human rights violations. It also provides for criminal and administrative liability of commanders and other superiors under the principle of command responsibility,” he said.

Tañada, chairman of the House Committee on Human Rights, said in approving the law, “the country is on its way to finally doing our part in observing International Humanitarian Law as defined in existing International Conventions such as the Geneva Convention of 1949, and other United Nations Conventions of which the Philippines is a signatory.”

The enactment of RA 9851 came amid criticisms over the Arroyo government’s human rights record.

With a reported 1, 013 extra-judicial killings, 202 enforced disappearances, 223 political prisoners, and 1,036 incidences of torture since 2001, the Arroyo regime’s record rivals that of the late strongman Ferdinand Marcos and has drawn sharp criticism from the United Nations, Amnesty International, Human Rights Watch, and the Karapatan national human rights alliance group.

Tañada said the declaration of principles of the new law emphasized the importance of ensuring effective prosecution of all perpetrators of human rights violations in order to put an end to the impunity of crimes in the country and contribute to the prevention of such crimes at the national level.

The International Humanitarian Law is also known as the law of war or the law of armed conflict. It is a set of rules that seek, for humanitarian reasons, to limit the effects of armed conflict. The international law protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare.

RA 9851, on the other hand, defines and penalizes crimes against International Humanitarian Law, genocide and crimes against humanity.

It provides protection to the civilians, non-combatants, and witnesses as well as reparations to the victims.

Crimes defined in the law are not subject to prescription. The law defines willful killing, extermination, enslavement, arbitrary deportation or forcible transfer of population, imprisonment, torture, apartheid, and enforced or involuntary disappearance of persons as other crimes against humanity.

Also included in the list are rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any form of sexual violence of comparable gravity; persecution against any identifiable group and other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health.

The law also provides for the universal jurisdiction over persons, whether military or civilian, suspected or accused of the crimes defined and penalized under the law, and designates the regional trial court as having original and exclusive jurisdiction over the international crimes punishable under the law.

Under the law, any person found guilty of the crime will be slapped with life imprisonment and a fine ranging from P100,000 to P500,000.

Any person found guilty of inciting others to commit genocide shall suffer the penalty of prison mayor in its minimum period and a fine ranging from P10,000 to P20,000.