Geneva Call Verification Mission in the Philippines finds evidence of AP mine use, but MILF responsibility not established

Geneva Call has released details of the findings of the Verification Mission in November 2009 that investigated allegations that the Moro Islamic Liberation Front (MILF) had violated its obligations under the Deed of Commitment for Adherence to a Total Ban on Anti-Personnel Mines and for Cooperation in Mine Action by using Anti-Personnel (AP) mines.The allegations emanated in 2008-9 when there was an upsurge in the conflict between the MILF and the Government of the Republic of the Philippines (GRP).

The Verification Mission was tasked with ascertaining whether there had been incidents of AP mine use, and if this was established, whether such use was attributable to the MILF.  The Verification Mission investigated two individual incidents and two series of incidents. The Verification Mission found that AP mines had been used in both series of incidents. In relation to one individual incident, it was not possible to determine whether AP mines had been used, although this was considered by the Verification Mission to be ‘more likely than not.’ In relation to the other incident, it was found that no AP mine had been used. The confirmed incidents of AP mine use involved the use of improvised explosive devices (IEDs) that, because their mode of detonation was victim activation, were considered to constitute AP mines within the terms of the Deed of Commitment.

The Verification Mission found that it was not possible to establish definitively whether the incidents of AP mine use were attributable to the MILF, though in relation to one series of incidents, there were ‘substantial grounds for concluding that there may have been such involvement.’ A similar finding was reached in relation to the instance of’ ‘probable’ AP mine use. The Verification Mission found no evidence to suggest that the MILF leadership either knew of, or condoned, any potential AP mine use by MILF forces.

Ms Decrey Warner, President of Geneva Call, welcomed the release of the findings of the Mission:

‘In conflict, there are still rules that must be respected, not least to ensure that civilians are protected; the GRP and the MILF have shown that it is possible, even in the midst of a conflict, for the parties to co-operate to allow for scrutiny of adherence to such rules. They should be seen as exemplars to other parties in conflict.’
However, she also made suggestions for the future:

‘Whilst the facilitation of the Mission by both the GRP and the MILF was vital to the Mission and therefore highly appreciated, the fact that it took over a year to make the necessary arrangements for the Mission could not fail but have an impact on the quality of the evidence available. We understand the sensitivity of such a process, but we want to emphasise that this adversely impacted on the possibility of establishing clear responsibility for these incidents. It is recommended that future enquiries of this nature, in the Philippines or elsewhere, be dealt with expeditiously.’

The Report was prepared and shared with the MILF leadership in December, and Geneva Call welcomes their cooperation in the ongoing dialogue in respect of the conclusions and recommendations. The Report of the Verification Mission has also been shared with the GRP.

Geneva Call is planning to publish a public version of the Report of the Verification Mission in the coming months, along with other materials relevant to the planning and execution of the Mission.

Background to the Verification Mission

An escalation in the conflict between the GRP and the MILF in August 2008 brought with it allegations – reported in the media and elsewhere – that forces associated with the MILF were utilizing AP mines. During the period between August 2008 and May 2009 Geneva Call identified over 20 instances where landmine use by the MILF was asserted, primarily by the GRP. On enquiry, representatives of the GRP insisted that several of these incidents involved the use of AP mines, devices prohibited under the Geneva Call Deed of Commitment. The MILF has consistently maintained that there had been no such use by its forces.

Geneva Call therefore sought – and received – approval from both the MILF and the GRP for a field verification of the allegations. Under Article 3 of the Deed of Commitment, signatories agree to “allow and cooperate in the monitoring and verification” of their adherence to the total ban on AP mines. Encouragingly, the GRP considered that facilitation of a Verification Mission into allegations against the MILF would ‘help to ensure the terms of the Mine Ban Treaty are abided by those who have made a solemn commitment of following its terms and conditions.’

The Verification Mission took place between 17 and 26 November. The investigation team, led by Chris Rush of Geneva Call, and including Eric David, Professor of International Law at the Free University of Brussels and Phil Halford, a technical specialist from the Mines Advisory Group (MAG), visited sites of alleged mine incidents in conflict-affected areas of Mindanao.  The team inspected devices that had allegedly been recovered, interviewed witnesses, and analysed documentary evidence. Representatives of the GRP and MILF Ceasefire Committees accompanied the Mission Team throughout its field enquiries, providing security and ensuring that the Mission Team was able to reach the locations of its enquiries.

‘As far as I am aware, this is the first time in the history of international relations that such a fact-finding mission has been carried out with the agreement of, and facilitation by, both parties to an armed conflict, in casu, a State and a non-State actor’said Professor David.

Geneva Call would like to take this opportunity to again thank both the GRP and the MILF for the excellent support and facilitation provided, Nonviolent Peaceforce for providing logistical support and accompaniment, and the government of the Kingdom of Belgium for sponsoring the Verification Mission.

For more information please contact Chris Rush at crush@genevacall.org