While the deployment of the armed forces in Marawi and the use of necessary weapons and munitions to crush the Maute group are well within the Commander-in-Chief “calling-out” powers of the President (which did not require and does not require a declaration of martial law and the use of extraordinary powers), the airstrikes and ground offensives ordered by President Duterte are subject to and limited by Protocol 2 of the Geneva Conventions and, of course, by international Conventions prohibiting “Excessively Injurious” weapons and weapons with “Indiscriminate Effects” (prohibited weapons such as such as incendiary bombs, cluster bombs, land mines, booby traps, etc.).
The following are the pertinent provisions of Protocol 2 of the Geneva Conventions (highlighted provisions in red font are prohibited acts, provisions in blue font are obligations on the part of the State)
Part IV. Civilian Population
Art 13. Protection of the civilian population
1. The civilian population…
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