The humanitarian exemption challenge : securing the Philippine humanitarian space in the Anti-Terrorism Act of 2020 / Leandro Anton M. Castro
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Article
Title:
The humanitarian exemption challenge : securing the Philippine humanitarian space in the Anti-Terrorism Act of 2020
Author zone:
Leandro Anton M. Castro
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English
Abstract:
The interaction between counter-terrorism law and international humanitarian law has long been the subject of extensive legal discourse. One of the most contentious topics in the area is the prohibition of the provision of material support to terrorist individuals or organizations and its conflict with rights and obligations provided by international humanitarian law. The most common remedy to such conflict is the integration of humanitarian exemptions in counter-terrorism legislation. The Philippines is no stranger to these issues having included both a prohibition against the provision of material support to terrorists and a humanitarian exemption to the Anti-Terrorism Act of 2020, its latest counter-terrorism measure. This article analyses the material support provision and the humanitarian exemption in the Anti-Terrorism Act of 2020. More particularly, the article tackles how the material support provision puts humanitarian organisations at risk of criminal prosecution and the inadequacy of the humanitarian exemption in the law.
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