The Philippines is accused of recklessly using U.S. weapons in operations against its own civilians whose use could trigger legal restrictions on arms transfers.

BAGGAO, Philippines—Black Hawk and ATAK helicopters swooped overhead and began firing into the mountains on an early February afternoon. Farmers tilling crops and tending their water buffalo ran for cover, taking shelter as the helicopters strafed the area. In a nearby town square, onlookers recorded with their phones, gasping as explosions ripped across the horizon. A Bell AH-1 Cobra attack helicopter later made rounds in the area, witnesses said, as soldiers sequestered farmers in shelters. They were kept from their farms for weeks as their harvest wilted and died.

It’s a scene that has become a monthly occurrence in the rural Philippines, beginning in early 2023 and continuing today. The military said it was pursuing rebels from the communist New People’s Army (NPA), a designated terrorist group active since 1969, when Jose Maria Sison founded the New People’s Army—a Maoist group waging an armed rebellion primarily based in rural areas. The military and NPA have been in conflict ever since, despite several rounds of failed peace talks, most recently in 2023.

But since 2023, the Philippine military has started using advanced attack helicopters and fighter jets supplied wholly, or in part, by the United States, in a rapid escalation of counterinsurgency operations that have tormented rural communities and led to numerous potential international humanitarian law violations that could trigger policies preventing U.S. military aid, according to dozens of witnesses and experts who spoke to Drop Site News.

Washington says it is arming its ally to defend against Chinese aggression, but the U.S.-manufactured helicopters have so far been used solely on domestic targets.

  • supersquirrel@sopuli.xyz
    12·
    2 days ago

    These violations could trigger provisions in U.S. law that should block military assistance to individual units of the Philippine military who can be credibly accused of committing gross violations of human rights.

    The “Leahy law,” a term for two such provisions that came into focus during Israel’s war [edit genocide not war] in Gaza, ensures that no foreign military unit guilty of human rights violations receives U.S. assistance until it has taken prescribed remediation efforts. Its namesake, former U.S. Senator Patrick Leahy, was banned from the Philippines in 2019 after supporting a critic of Duterte.

    “A major goal of the Leahy law is accountability,” said John Ramming Chappell, the advocacy and legal advisor at the U.S. program of the Center for Civilians in Conflict. “This is a cornerstone law when it comes to human rights and security assistance in the United States.” Chappell said that, while the white phosphorus incident would not fall under the auspices of the Leahy law, it “raises questions about how security forces in question are identifying civilians and determining civilian status,” a duty of allied militaries under international humanitarian law.

    The Leahy law has had little effect in stemming human rights abuses within the Philippine military, despite a history of U.S. government concerns with its behavior. Charles Blaha, who served as director of the State Department’s Office of Security and Human Rights from 2016 to 2023, said his department focused on the Philippine police, who killed thousands in Duterte’s deadly drug war, and did not recall the law being applied to military units involved in the counterinsurgency

    …

    “Human rights can get outweighed by other factors,” Blaha said…