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Jevilyn Cullamat. Photo of Representative Eufemia Cullamat’s office
MANILA, Philippines – An international human rights organization has reminded the Philippine government that while there is nothing wrong with taking photographs of war victims for documentation, getting the dead to pose for photos is another problem.
According to Human Rights Watch (HRW), taking photographs of people killed in conflict areas does not violate any international law, but the laws of war prohibit their being displayed for a purpose that degrades the dignity of the dead.
The remarks by HRW’s deputy director for Asia, Phil Robertson, came on Thursday days after photos showing military officers posing behind a New People’s Army doctor identified as Jevilyn Cullamat, daughter of Bayan Muna’s representative, Eufemia Cullamat, spread through social networks.
Jevilyn died after a confrontation with the 3rd Special Forces Battalion of the Philippine Army (3SFBn) on November 28.
“The mere act of photographing the fatal victims of war is not a violation of international humanitarian law. However, posing the body for photographs is an outrage against the dignity of the person who was killed and is prohibited by the laws of war, ”said Robertson.
“Obviously, the photographs of the body of a guerrilla from the New People’s Army are a cruel and unnecessary affront to the dignity of that person and violate the laws of war,” he added.
HRW further noted that various guidelines, including that of the international community, such as the Rome Statute and local versions, urge both parties to respect the dignity of the dead combatants, wherever they may be.
The Philippines withdrew from the Rome Statute, which created the International Criminal Court in March 2019, but HRW noted that various rules within the military organization itself require respect for the dead.
“The desecration of the war dead is also prohibited by the 1998 Comprehensive Agreement on the Respect of Human Rights and International Humanitarian Law in the Philippines signed by the Philippine government and the National Democratic Front,” Robertson stressed.
“The Philippine Army’s own ‘Military Instructions’ of 1989 state that’ respect for the dead, which includes our own troops, the enemy and particularly innocent civilians, must be a primary concern of all commanders and troops in all levels … All corpses … must be handled humanely and treated with care and respect, ‘”he added.
In the photo, the remains of the young Cullamat can be seen grouped with recovered evidence such as weapons, documents, flags, while the military officers involved in the operation were standing behind.
However, several activists were offended by the inclusion of Cullamat’s body in the photo, saying it was a war crime.
While Rep. Cullamat and other activist organizations, including the Makabayan bloc in Congress, condemned the alleged war crime, they also sought the help of the Commission on Human Rights (CHR) to investigate the alleged desecration of the doctor’s body.
“The CHR Caraga Regional Office has already started an investigation into the Cullamat case. We promise to work closely with the victim’s family and the authorities to clarify the incident, ”said CDH spokeswoman Jacqueline De Guia on Wednesday.
On the part of the military, the Secretary of Defense, Delfin Lorenzana, already ordered on Monday a review of the protocol in the handling of the remains of murdered rebels. In an interview with CNN Philippines on Wednesday, Lorenzana admitted that the soldiers should not have done that.
“That was wrong, I do not approve of that action. They (the soldiers) shouldn’t have done that. Perhaps they could pose behind firearms or any other equipment, but not behind the bodies of fallen combatants, ”Lorenzana said.
He also assured the public that they are developing guidelines to correct the error.
JPV
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