Open Letter To ICRC On Asia-Pacific IHL Conference In The Philippines

Johannes Bruwer
Head of Delegation
International Committee of the Red Cross (ICRC) Philippines
17th floor NEX Tower, 6786 Ayala Ave
Makati City, 1229, Philippines
Mirjana Spoljaric
President
International Committee of the Red Cross (ICRC)
19 Avenue de la Paix
1202 Geneva
Switzerland

Dear Mr. Bruwer & Mrs. Spoljaric,

The International Coalition for Human Rights in the Philippines expresses serious concern about the ICRC’s decision to situate an Asia-Pacific regional conference on International Humanitarian Law (IHL) in the Philippines. Through co-convening the event, the Philippine government was granted a platform to present itself as a leader in IHL.

ICHRP welcomes international discussion of IHL violations, but the Philippine government’s “challenges that they have faced in relation to IHL” are self-inflicted. Red-tagging, military occupation of communities, bombings, torture, enforced disappearances, forced surrenderees, and active intimidation against civilians are not only systemic examples of military and police impunity, but deliberate state policy through the NTF-ELCAC and “Whole of Nation” approach to counter-insurgency. These issues were documented in a 2024 International People’s Tribunal, which found the current Marcos regime, along with the previous Duterte regime, guilty of widespread violations of IHL.

In Mrs. Spoljaric’s visit to Marawi City on August 23rd, she highlighted the need for institutions, legislation, training, and national strategy to be aligned. The Philippine Inter-Agency Committee on IHL does not overcome the Philippine state’s institutional reliance on IHL violations at all levels of its “counter-insurgency" program - particularly when the NTF-ELCAC remains chaired by Marcos Jr. himself. The Anti-Terror Law (ATL), passed in 2020, encourages a military culture of impunity and attacks on civilian populations and community organizers.

This August, civil society groups in the Philippines have reported numerous violations of IHL. These cases include the August 1st killing of civilian and farmer Juan Sumilhig in Occidental Mindoro, aerial bombings and ground assaults in Quezon disrupting farming and causing fear among civilians, as well as bombings and artillery fire in Panay, forcing households to evacuate. Other cases of aerial bombardment have also been documented in Cordillera and Negros this month.

These violations happen in the context of the ongoing civil war between the National Democratic Front of the Philippines (NDFP) and the Government of the Philippines. Despite agreements made between the two parties in peace negotiations to uphold IHL, the Philippine government actively violates the terms of the agreements it has signed. Although the Marcos Jr regime recently claimed the Philippines to be insurgency-free, its counterinsurgency operations under Marcos National Action Plan - Unity, Peace & Development (NAP-UPD) continue, and NDFP peace consultants are still held in prison despite a longstanding Joint Agreement on Safety and Immunity Guarantees.

In the enduring human rights crisis in the Philippines, domestic remedies have failed to address the IHL violations committed by state forces. Former President Duterte withdrew the Philippines from the ICC in 2019, and Marcos Jr.’s Administration has ignored calls to rejoin the International Criminal Court. Therefore, there is an urgent need for more international attention and accountability in regards to war crimes in the Philippines.

We agree with Mrs. Spoljaric that IHL offers “a pathway to peace,” but Marcos Jr.'s counterinsurgency program is not laying the groundwork for respecting IHL nor addressing the root causes of conflict. The NAP-UPD will not produce a Just and Lasting Peace.

We ask the ICRC to:

Investigate the recent IHL violations listed above, including the killing of farmer Juan Sumilhig and the increase in aerial bombings in the month of August.

Deepen collaboration with Philippine civil society organizations (CSOs), people’s organizations, and grassroots fora that seek accountability for Philippine state violations of International Humanitarian Law.

ICHRP would like to arrange a meeting with Mr. Bruwer, Mrs. Spoljaric, or another representative of the ICRC to discuss our concerns, which are the concerns of the victims of ongoing IHL violations by the Philippine government.

Peter Murphy
Chairperson
International Coalition for Human Rights in the Philippines (ICHRP)

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