Investigation in the Philippines finds evidence of AP mine use; MILF responsibility not established

Investigation in the Philippines finds evidence of AP mine use;
MILF responsibility not established

Geneva – 26 March 2010

Geneva Call has released details of a report of an investigative mission that took place in November 2009, to verify the alleged use of victim-activated anti-personnel (AP) mines by an armed group in the Philippines.

The Moro Islamic Liberation Front (MILF) had pledged in 2000 to renounce the use of AP mines by signing Geneva Call’s Deed of Commitment for Adherence to a Total Ban on Anti-Personnel Mines and for Cooperation in Mine Action. The investigation was in response to allegations that the MILF had used AP mines in violation of the Deed of Commitment during 2008/9, in an upsurge in its conflict with the Government of the Republic of the Philippines (GRP) on the southern island of Mindanao. The investigation was approved and facilitated by both the MILF and the GRP.

The mission team found that AP mine had indeed been used, but was not able to identify the perpetrators; however it was considered that MILF forces may have been involved in some of these incidents.

The Report of the mission was prepared and shared with the MILF in December and Geneva Call is engaged in ongoing dialogue with the MILF leadership in respect of the mission’s conclusions and recommendations.

One of the members of the mission team, Eric David, Professor of International Law at the Free University of Brussels, said“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.”

Elisabeth Decrey Warner, the President of Geneva Call, welcomed the release of the findings, and noted that the rules of war demanded that the parties to a conflict respect the protection of civilians. She welcomed the “unprecedented co-operation of the parties in allowing scrutiny of the allegations.” Commenting on the length of time to get the necessary approvals and to finalise the arrangements for the mission, she hoped that in the future, enquiries of this nature would “be dealt with expeditiously in order to guarantee the quality of the evidence.”

Geneva Call is an impartial humanitarian organization that engages armed non-State actors in order to convince them to adhere to internationally recognized humanitarian standards in the conduct of war. In respect of AP mines, it does this by means of a Deed of Commitment, which binds the non-State signatory to renounce the use of these devices.

For more information, contact Geneva Call, info@genevacall.org, +41 22 879 10 50