Question

Discuss the jurisdiction and double jeopardy principles under Section 17 of the International Humanitarian Law (R.A. No. 9851) through the following scenarios:

1. A group of armed rebels is captured and detained by the government forces for their involvement in acts of terrorism. They are charged and subsequently acquitted by a domestic court based on insufficient evidence. Can these rebels be prosecuted again for the same acts under the jurisdiction of the International Criminal Court (ICC)?
2. An enemy combatant from a foreign state is captured and detained by the Philippine military for committing war crimes during an armed conflict. They are tried, convicted, and sentenced by a Philippine military tribunal. Can this combatant claim double jeopardy and seek immunity from prosecution under the jurisdiction of another country or international tribunal?