Aerial bombing violates int’l humanitarian law – Bulatlat


By JACINTO LINGATONG, MARIA JODI PADA, JOHN KIETH PALIJADO and KING ARBEE QUINTO
Bulatlat.com

MANILA — On June 20, 2024, the Philippine Air Force Tactical Operations Group 2 bombed Sitio Marikit East, Abuyo village in Alfonso Castaneda, Nueva Vizcaya. The aerial bombing affected 156 individuals from over 50 families, including farmers and the indigenous people of Bugkalot and Ifugao, based on a report by human rights group Karapatan – Cagayan Valley.

This is not the first case of aerial bombing in Cagayan.

Since 2021, such attacks have been documented by human rights groups, who stressed that these put marginalized communities in danger. As such, Karapatan said these incidents constitute a clear violation of international humanitarian law (IHL).

“Civilians, and children in particular, are the most affected by the bombings and strafing […] [T]hese are communities of poor farmers and indigenous peoples with a long history of struggle for genuine agrarian reform and social justice,” said Lina Ladino, secretary of Lagum Farmers Association of Sto. Nino.

International humanitarian law (IHL) aims to minimize the impact of armed conflict by defining the duties of states and armed groups. It also seeks to protect civilians and humanitarian workers.

Read: Rights group alarmed over reports of int’l humanitarian law violations 

In 2009, the Philippine government signed into law Republic Act No. 9851 (Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity) as integrating accepted principles of international law into domestic law, such as the Hague Conventions of 1907 and the Geneva Conventions on the protection of victims of war and the IHL.

Yet, aerial and artillery bombings, as seen in Cagayan, are still happening. These incidents violate IHL where an attack is launched even in the knowledge that it will “cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be excessive in relation to the concrete and direct military advantage anticipated” is considered a war crime.

“I greatly worry for my security and my family’s safety, and I am becoming sick and anxious due to the psychological warfare, stress, and pressure coming from the military. I continue to resist, and I struggle to overcome these challenges because we need to defend our land, livelihood, environment, and community,” Ladino said.

Aerial bombing history

From 2021 to 2024, Karapatan documented 9,163 individuals or about 1,953 families who were affected by aerial bombing and indiscriminate strafing in the province of Cagayan. Human rights groups attribute these attacks to the Philippine Air Force.

During this time, a total of 17 incidents were recorded in Cagayan: 11 bombings and strafing, 2 bombardment, and 4 strafing attacks. Six occurred under the Duterte administration while 11 happened during the Marcos Jr. administration. This is part of the 13 regions in the Philippines subjected to aerial bombings where Karapatan documented 378,203 victims.

“One of the emblematic cases under the Duterte administration was the bombing of Marawi City, when the President declared martial law in Mindanao on May 23, 2017 that lasted until December 31, 2019.“ said Karapatan Secretary General Cristina Palabay.

The AFP recorded 591 bombs and 589 artillery shells in 74 rounds of strafing and 56 bombing incidents from 2017 to mid-2022. At least 108 incidents involved aerial bombings, 66 artillery shelling, and 49 aerial strafing under the Duterte administration. The bombings were carried out in 44 percent of the provinces nationwide. Such cases have continued under the current administration.

In the first year of Marcos Jr., there were 6,931 victims of bombings documented as part of the government’s counterinsurgency campaign, Karapatan said.

“We demand a stop to the bombings in order to put a halt to the further suffering of rural and tribal communities,“ said Palabay, adding that, “as a counterinsurgency tactic, bombings, which affect entire communities, are among the worst violations of human rights and International Humanitarian Law.”

Mindoro situation

Human rights groups have reported a series of military bombings and indiscriminate firing across the island of Mindoro during the first year of President Marcos Jr.’s administration. This displaced thousands of residents and raised concerns about violations of international humanitarian law.

On October 18, 2022, the 203rd Infantry Brigade, Philippine Army (IBPA) launched Howitzer shells near Barangay Waygan and Sta. Teresita in Mansalay, Oriental Mindoro province. The operation forced around 6,000 residents, including Mangyan-Hanunuo indigenous peoples, to flee their homes and farmlands.

This marked the first reported bombing incident in Mindoro under the current administration.

The same year on Nov. 6, the same brigade, along with the 68th IBPA, carried out a nighttime operation involving cannon fire and strafing in Barangay Limlim, Aguas, and Pitogo in Rizal town, Occidental Mindoro province, affecting 8,000 residents from peasant and indigenous people communities.

“We, the indigenous Mangyan people, are deeply affected by what the soldiers are doing. It breaks our hearts to be forced to leave our swidden farms, which are not just our source of livelihood but also the soul of our community,” Manuel, not his real name, told Bulatlat in Filipino. A Mangyan-Hanunuo farmer, he requested anonymity due to the continued threats on their community.

The bombings continued in 2023, with a test firing on April 19 in Sitio Tauga, Barangay San Vicente, Roxas town, Oriental Mindoro province, using multiple cannon shells and affecting more than 10,000 residents.

On May 8, 2023, another bombardment by the 203rd IBrdePA targeted the mountains around Barangay Tawas in Bongabong town and Barangay Malo in Bansud town, Occidental Mindoro province, displacing nearly 3,400 residents as their homes and crops were destroyed.

“These military operations, which have led to significant displacement and damage to civilian property, are being scrutinized for breaching International Humanitarian Law, which protects civilians in conflict zones,” said Rev. Luisito Saliendra, Karapatan Southern Tagalog spokesperson.

Saliendra called for accountability and adherence to humanitarian standards to safeguard the rights of civilians.

What should be done

While there has been initial documentation on aerial bombings, human rights groups believe its impacts on the lives of ordinary folk and the environment have yet to be fully looked into.

“The families displaced, the lives shattered, and the homes lost cannot be undone,” Saliendra said.

In May, an international people’s tribunal issued a guilty verdict to Marcos Jr. and the US government for violating the international humanitarian law.

Read: ‘With guilty verdict of the International Peoples’ Tribunal, Marcos Jr. cannot deny rights violations in PH’

In the initial verdict furnished to the media, the five-member jurors of the IPT revisited the US government’s role in the counterinsurgency program that allowed such war crimes to happen, saying that the “heavy bombardment and forced displacement of communities, and the killing of civilians and hors de combat of state forces would not have been possible without the direction, arms, and training provided by the US government.

“Indiscriminate aerial bombing is disallowed under IHL because it violates the basic principles of the means and methods of warfare and the objects or subjects of attack in an armed conflict,” said Edre Olalia, transitional president of the International Association of Democratic Lawyers.

Olalia, who served as amicus curiae during the IPT, told Bulatlat that because these incidents were indiscriminate, “it does not distinguish between civilians and combatants as targets and is not necessary, not proportionate to attain a supposed legitimate military objective.”

Saliendra, for his part, called for accountability over these incidents of war crimes. “There must be an immediate and thorough investigation into these incidents to ensure accountability. Moving forward, the government and military forces need to prioritize the protection of civilians and adhere strictly to humanitarian standards.”. (JJE, DAA, RVO) (https://www.bulatlat.org)





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