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58 Ateneo L.J. 1 (2013-2014)

handle is hein.journals/ateno58 and id is 1 raw text is: 







The Enlargement of the Definitions of

    Genocide and Crimes Against Humanity in

    the  Philippines - Republic Act No. 9851
    Tathiana Flores-Acuhia*



I.  INTRODUCTION.        .................................... ........ I
II. ORIGINS  OF THE SPECIFIC PHILIPPINE LEGISLATION  ON WAR
    CRIMES,  CRIMES   AGAINST   HUMANITY, AND GENOCIDE:
    SENATE BILL NO. 2669 AND R.A. No. 9851    ..................... 3
III. CRIME  OF  GENOCIDE   AND   THE  INCLUSION   OF  OTHER
    GROUPS  IN THE DEFINITION  OF R.A. No. 9851 ......................... 6
    A. Origins of the Definition of the Crime of Genocide
    B. The New  Categories Included in R.A. No. 9851: Social and Any
       Other Similar Stable and Permanent Group -  Comparative
       Legislation and Developments
IV. THE DEFINITION  OF CRIMES AGAINST  HUMANITY   IN R.A. No.
    9851 AND ITS ENLARGEMENT  VIS-A-VIS THE ROME  STATUTE  ...15
    A. The Inclusion of Gender by the Rome Statute as a Category in
       the Crime of Persecution as a Crime Against Humanity
    B.  Sexual Orientation as One of the Grounds for Persecution
       Included in R.A. No. 9851 Under Crimes Against Humanity
V.  CONCLUSION                       .............................................28



                         I. INTRODUCTION
The ambitious purpose of mankind to repress heinous crimes had its origins
from the beginning of history. Nevertheless, the 19th Century already counts
significant efforts by international diplomats and humanitarian leaders, efforts
that crystallized in the 20th Century with the creation of the Tribunals of
Nuremberg  and Tokyo.

    Both the Convention on the Prevention and Punishment of the Crime
of Genocide (Convention on Genocide)' and the principles and provisions


*   '94 Ph.D., Instituto Universitario Europeo; '89 LL.M., Universidad de Seville;
'88 LL.M., Universidade de Costa Rica. The Author worked as Trust Fund Liaison
Officer at the International Criminal Court and as Regional Legal Adviser of the
International Committee of the Red Cross. In 2012, the Author worked for the
Commission on  Human  Rights of the Philippines with the United Nations
Development Program  on the Project of Rule of  Law and  International
Humanitarian Law, specifically on Republic Act (R.A.) No. 9851.


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