MANILA – The Philippine Army’s publication of child pictures to pressure a New People’s Army (NPA) member to surrender is a violation of international humanitarian law (IHL), a human rights group said in a statement.

“Posting the child’s name, photograph and location while giving her mother an ultimatum to surrender was not only inhumane and exploitative, it was tantamount to holding the child hostage to compel her mother to do something against her will,” said human rights lawyer Maria Sol Taule, deputy secretary-general of Karapatan, in a statement on October 5. 

In a deleted post, the 93rd Infantry Battalion of the Philippine Army published photos of a seven-year-old child with personal details under the pretext of a “birthday party” celebration to urge their NPA mother to surrender.

The Philippines is a signatory to the Geneva Conventions and is obligated to follow the rules of war under IHL. “Children shall be the object of special respect and shall be protected against any form of indecent assault. The Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any other reason,” the Fourth Geneva Convention stated.

The Philippines also ratified the United Nations (UN) Convention on the Rights of the Child. Under this binding treaty, children should also not be subjected to any arbitrary or unlawful interference on her privacy, family, home or correspondence, or unlawful attacks to their reputation as outlined in the Article 16.

“What the 93rd Infantry Battalion did is equal to hostage-taking,” said Elle Buntag, secretary-general of child rights group Salinlahi. “Basically, it is exploitation to force their mother to surrender.”

The group also recalled the case of certain “Baby Rhea”, a two-month-old infant held hostage along with two pregnant Red fighters in November 2022.

On September 19, Karapatan reported that military agents shot Arnida Cuaton Maguiguilid as she was about to enter the gate of the boarding house in Tagum City. 

Maguiguilid was seven months pregnant, a member of New People’s Army on medical leave, and unarmed when she was seized by the elements of the 603rd Infantry Brigade and 6th Infantry Division of the Philippine Army. 

“The pregnant NPA member, also vulnerable due to her condition, clearly had hors de combat status. Despite this, she was shot in the back, which crippled her and endangered her unborn child as well,” Taule said.

Rule 47 of the International Humanitarian Law prohibited attacking persons who are recognized as “hors de combat” or anyone who is defenseless because of unconsciousness, shipwreck, wounds or sickness.

“We are calling on the Filipino people, defenders of children’s rights, human rights and international humanitarian law, to help the victims attain justice and hold the AFP accountable,” Buntag said. (DAA)