A Human Rights Watch (HRW) official said Thursday that posing the remains of a person killed in an encounter for pictures was a violation of laws of war.
“Merely photographing fatalities of war is not a violation of international humanitarian law. However, posing the body for photographs is an outrage against the dignity of the individual who was killed, and is prohibited under the laws of war,” said Phil Robertson, HRW’s deputy Asia director.
Robertson released the statement concerning the military’s action of taking a photo holding seized communist and NPA flags, standing behind the body of Jevilyn Cullamat, the daughter of Bayan Muna party-list Representative Eufemia Cullamat. The photo was released and circulated on social media platforms.
Reports said Jevilyn served as NPA’s medic and allegedly belonged to the Communist NPA Terrorist’s Sandatahang Yuniy Pampropaganda Platoon of the Guerilla Front 19, Northeastern Regional Committee (NEMRC).
Rep. Cullamat urged the Commission on Human Rights (CHR) to investigate the alleged “desecration” of Jevilyn’s remains.
“Walang awa at paggalang na ipinarada at naka-display ang kaniyang bangkay na parang tropeong napanalunan ng mga sundalong nakahilera sa background. May isang larawan pa na ipinalabas nilang hawak-hawak pa daw ng napaslang kong anak ang isang baril,” Cullamat said.
“Mas masahol pa, ginamit din ang mga larawang iyon sa black propaganda at patuloy na red-tagging at terrorist-tagging sa akin, sa aking pamilya, at maging sa buong Makabayan Bloc ng House of Representatives,” she added.
However, AFP spokesperson Major General Edgard Arevalo said the photo of Jevilyn’s remains was taken for documentation and reporting purposes, which are required after an encounter.
Posing body of killed enemy for picture violates ‘laws of war’ – HRW
HRW insisted that committing outrages upon personal dignity is a war crime under the Rome Statute. It applies to dead persons under the Elements of Crimes of the International Criminal Court.
The desecration of those who died during the war is also prohibited under the 1998 Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law in the Philippines signed by the Philippine government and the National Democratic Front, the CPP’s negotiating arm.
HRW added the state soldiers have its own “Military Instructions” of 1989 that says “respect for the dead which includes our own troops, the enemy and particularly innocent civilians must be a paramount concern of all commanders and troops at all levels … All dead bodies … must be handled humanely and treated with care and respect.”
On Monday, Defense Secretary Delfin Lorenzana said the inclusion of Jevilyn Cullamat’s lifeless body in a photo of the military troops after the encounter is “normal.”