0% found this document useful (0 votes)

104 views58 pages

Mama Gie Notes - PUBLIC INTERNATIONAL LAW Law Finals Reviewer

Finals Reviewer for PUBLIC INTERNATIONAL LAW Law Atty. Jun Marr Denila | SBCA-SOL | 2nd Sem, AY 22-23 This reviewer is based on the class syllabus. Sources: class discussion, syllabus, Cruz | Sarmiento | Nachura | Bernas PIL Books, San Beda MemAid, and other reviewers. There may be errors. Use at your own risk.

Uploaded by

Gie

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

0% found this document useful (0 votes)

104 views58 pages

Mama Gie Notes - PUBLIC INTERNATIONAL LAW Law Finals Reviewer

Uploaded by

Gie

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

You are on page 1/ 58

Mama Gie Notes | Public International Law – FINALS REVIEWER | Atty.

Jun Marr Denila | SBCA-SOL | 2nd Sem, AY 22-23

Ø May not ordinarily be excused from the said duty unless he is prepared to renounce his own
MODULE 7:
nationality
JURISDICTION Ø Some states do not even allow this under the doctrine of indelible allegiance
§ Doctrine of Indelible Allegiance – an individual may be compelled to retain his original
JURISDICTION nationality notwithstanding that he has already renounced or forfeited it under the laws of
v The authority exercised by a state over persons & things within or sometimes outside its territory, the second state whose nationality he has acquired.
subject to certain exceptions • Effects of the Doctrine of Indelible Allegiance
v May be classified as either personal or territorial ¨ The effects doctrine provides that where the effects of an act are felt within the
v May be exercised by a state over territory of a State, the State may take jurisdiction over the matter.
Ø Its nationals ¨ Although similar to the protective principle, the threshold for invoking the effects
Ø The terrestrial domain doctrine is much lower since it can be used even in situations that do not involve
Ø The maritime & fluvial domain national security & other vital interests of the State
Ø The continental shelf • In most cases, the effects doctrine is applied in relation to situations involving anti-
Ø The open seas trust or economic issues.
Ø The aerial domain ¨ This can be seen in the case of the Philippines where its recently passed
Ø Outer space Philippine Competition Act (R.A. No. 10667), particularly Section 3 thereof,
Ø Other territories which provides that the law is applicable to international trade having direct,
v Types of Jurisdiction substantial, & reasonably foreseeable effects in trade, industry, or commerce in
1. Prescriptive Jurisdiction –ability of the State to define its own laws with respect to any the Philippines, including those that result from acts done outside the
matter it chooses. This power of a State is generally unlimited. Philippines
2. Enforcement Jurisdiction –ability of the State to enforce the laws it has created. Unlike v Assertion of Personal Jurisdiction over Phil. Citizens
prescriptive jurisdiction, enforcement jurisdiction is limited by several factors including Ø Art. 15, NCC: Laws relating to family rights & duties, or to the status, condition & legal capacity
territory & nationality. Enforcement jurisdiction cannot exist without prescriptive of persons are binding upon citizens of the Philippines, even though living abroad.
jurisdiction. Ø Art. 16, NCC: Real property as well as personal property is subject to the law of the country
3. Judicial Jurisdiction – criminal or civil where it is stipulated. However, intestate & testamentary successions, both with respect to the
order of succession & to the amount of successional rights & to the intrinsic validity of
v Under the Montevideo Convention, the jurisdiction of states within the limits of national territory testamentary provisions, shall be regulated by the national law of the person whose succession
applies to all the inhabitants is under consideration, whatever may be the nature of the property & regardless of the country
Ø Nationals & foreigners are under the same protection of the law & the national authorities, & wherein said property may be found.
the foreigners may not claim rights other or more extensive than those of the nationals Ø Art. 2, RPC punishes certain offenses even if committed outside the Philippine territory,
v Condominium – The term condominium is used to refer to the exercise of joint jurisdiction in a state including those against the national security & the law of nations as well as those committed
by two or more states. by public officers & employees of the Republic in the discharge of their functions.
Ø Example: Joint jurisdiction by the US, Germany & UK in Samoa until 1899. Ø NIRC provision imposing tax even to non-resident Filipinos on all their income, including
v Sphere of Influence – It is a territory within which the political influence or the interests of one nation those earned abroad but excluding income by OFW.
are permitted by other nations to be more or less exclusive. v Simundac-Keppel v. Keppel
Ø Philippine law finds no application as far as the family rights & obligations of the parties who
PERSONAL JURISDICTION, EXAMPLES are foreign nationals are concerned
v Joyce v. Director of Public Prosecution
PERSONAL JURISDICTION Ø An alien may be held subject to the laws of a state whose national interest he has violated, &
v The power exercised by a state over its nationals. notwithstanding that the office was committed outside its territory
v Based on the theory that a national is entitled to the protection of his state wherever he may be & is
therefore bound to it by a duty of obedience & allegiance.
Ø This duty follows him even when he is outside the territory of his state.

TERRITORIAL JURISDICTION Ø Convention on the Privileges & Immunities of Specialized Agencies

TERRITORIAL JURISDICTION LAND JURISDICTION

v A state has jurisdiction over all persons & property
v More effective than personal jurisdiction LAND JURISDICTION
Ø Asserted by the state over persons & property within its immediate control & subject to its v Everything found within the terrestrial domain of the state
coercive processes v Nationals & aliens, including non-residents, are bound by its laws, & no process from a foreign
v Schooner Exchange v. McFaddon government can take effect for or against them within the territory of the local state without its
Ø The jurisdiction of the nation within its own territory is necessary, exclusive, & absolute permission
Ø It is susceptible of no limitation not imposed by itself v As against other states, the local state has exclusive title to all property within its territory, which it
v The state cannot exercise jurisdiction even within its own territory over (Exceptions) may own in its own corporate capacity or regulate when under private ownership through its police
1. Foreign states, heads of states, diplomatic representatives, & consuls to a certain degree power or forcibly acquire through the power of eminent domain
¨ Foreign states & their heads: on the sovereign equality of states & the theory v Saguisag v. Executive Secretary
that a contrary rule would disturb the peace of nations Ø Enhanced Defense Cooperation Agreement (EDCA) explicitly provides that ownership of the
¨ Diplomats & consuls: to have full freedom in the discharge of their official Agreed Locations remains with the Philippine Government
functions Ø The US personnel have a right to, pending mutual agreement, access & use such locations
2. Foreign state property, including embassies, consulates, & public vessels engaged in non- Ø Under EDCA’s pertinent provisions, the designated authority of the Philippines shall, when
commercial activities requested, assist in facilitating transit or access to public lands & facilities
¨ Public vessels: extensions of the territory of a foreign state Ø Granting the US operational control over the military bases located in the Philippines is likewise
3. Acts of state subject to EDCA’s security mechanisms, which are bilateral procedures involving Philippine
¨ Underhill v. Hernandez: Every sovereign state is bound to respect the consent & cooperation
independence of every other sovereign state, & the courts of one country will Ø Limited control does not mean an abdication or derogation of Philippine sovereignty & legal
not sit in judgment on the acts of the government of another, done within its jurisdiction over the Agreed Locations
own territory. Redress of grievances by reason of such act must be obtained
through the means open to be availed of by sovereign powers as between MARITIME & FLUVIAL JURISDICTION
themselves
4. Foreign merchant vessels exercising the rights of innocent passage or arrival under stress MARITIME & FLUVIAL JURISDICTION
¨ Innocent passage: navigation through the territorial sea of a state to traverse v General Principle: Internal waters are assimilated to the land mass & subjected to the same degree
that sea without entering internal waters, or of proceeding to internal waters, or of jurisdiction exercised over the terrestrial domain (i.e land-locked lakes, national rivers, man-made
making for the high seas from internal waters, as long as it is not prejudicial to canals)
the peace, good, order or security of the coastal state v Civil, criminal & administrative jurisdiction is exercised by the flag State over its public vessels
¨ Arrival under stress or involuntary entrance may be due to lack of provisions, wherever they may be, provided they are not engaged in commerce
unseaworthiness of the vessel, inclement weather, or other cases of force v Schooner Exchange v. McFaddon
majeure Ø National ships of war entering the port of a friendly power open for their reception are
5. Foreign armies passing through or stationed in its territories with its permission considered to be as exempted by the consent of that power from its jurisdiction.
¨ Schooner Exchange v. McFaddon: Without any express declaration waiving
jurisdiction over the army to which this right of passage has been granted, the ENGLISH & FRENCH RULES ON CRIMINAL JURISDICTION OVER MERCHANT VESSELS
sovereign who would attempt to exercise it would certainly be considered as v English Rule: The local state assumes jurisdiction over all offenses committed on board foreign
violating his faith. merchant vessels within its ports, except only those of a petty nature affecting the discipline of the
6. Such other persons or property, including organizations like the UN, over which it may, by ship.
agreement, waive jurisdiction Ø Expresses the territorial principle in criminal jurisdiction.
¨ Examples of such agreements
Ø Convention on the Privileges & Immunities of the UN

v French Rule: The flag state has jurisdiction over all offenses committed on board its merchant CIVIL JURISDICTION IN RELATION TO FOREIGN SHIPS (ART. 28, UNCLOS)
vessels unless such crimes are of such a grave nature as to compromise the peace of the foreign v The coastal State should not stop or divert a foreign ship passing through the territorial sea for the
port in which it may be anchored. purpose of exercising civil jurisdiction in relation to a person on board the ship.
Ø Expresses the nationality principle in jurisdiction. v The coastal State may not levy execution against or arrest the ship for the purpose of any civil
v Notes: proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself
Ø The Philippines follows the English Rule. in the course or for the purpose of its voyage through the waters of the coastal State.
Ø No substantial distinction between the rules inasmuch as offenses committed on board as the v Without prejudice to the right of the coastal State, in accordance with its laws, to levy execution
vessel shall be triable by the territorial sovereign when they constitute a disturbance of its peace against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea,
& all other offenses under the jurisdiction of the state whose flag the vessel flies or passing through the territorial sea after leaving internal waters.

JURISDICTION OVER FOREIGN VESSELS WITHIN MARITIME & FLUVIAL DOMAIN PENAL JURISDICTION IN MATTERS OF COLLISION OR ANY OTHER INCIDENT OF NAVIGATION
v Foreign Public Vessels: None provided they are not engaged in private business. (ART. 97, UNCLOS)
v Foreign merchant vessel: Local state exercises full civil jurisdiction. But criminal jurisdiction may or v In the event of a collision or any other incident of navigation concerning a ship on the high seas,
may not be asserted based on the English or French Rule. v Involving the penal or disciplinary responsibility of the master or of any other person in the service
of the ship,
ASCERTAINMENT OF JURISDICTION v No penal or disciplinary proceedings may be instituted against such person except before the judicial
v Determination of the nature or effects of the offense by the coastal state for the purpose of or administrative authorities either of the flag
ascertaining whether or not it shall assume jurisdiction. v State or of the State of which such person is a national.
v Antoni Case Ruling: Murder of a French man by another French man on board a French vessel in a v In disciplinary matters, the State which has issued a master's certificate or a certificate of
Mexican port does not disturb the peace of the port. competence or license shall alone be competent, after due legal process, to pronounce the
v Windenhus Case Ruling: Murder of a Belgian by another Belgian on board a Belgian merchant withdrawal of such certificates, even if the holder is not a national of the State which issued them.
streamer in the port of New Jersey was of such a nature as “to disturb the tranquility & public order v No arrest or detention of the ship, even as a measure of investigation, shall be ordered by any
on shore or in the port.” authorities other than those of the flag State.
v Application in the Philippines
Ø Mere possession of opium aboard a foreign merchant vessel in transit through PH waters is THE CONTIGUOUS ZONE & THE CONTINENTAL SHELF
not considered a breach of public order (Us v. Chaw), however, smoking of the drug on board
such vessels will produce pernicious effects within the territory, therefore it is triable by PH Contiguous Zone
courts (People v. Wong Cheng). v The waters beyond the territorial sea but not in excess of twelve miles from the outer limits of the
territorial sea over which the coastal state exercises a PROTECTIVE JURISDICTION.
CRIMINAL JURISDICTION ON BOARD A FOREIGN SHIP (ART. 27, UNCLOS) v ‘To prevent infringement of its customs, fiscal, immigration or sanitary regulations
v The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing v Zone contiguous to its territorial sea; State may exercise the control necessary to
through the territorial sea to arrest any person or to conduct any investigation in connection with any a. Prevent infringement of its customs, fiscal, immigration or sanitary laws & regulations
crime committed on board the ship during its passage, save only in the following cases: within its territory or territorial sea
Ø if the consequences of the crime extend to the coastal State; b. Punish infringement of the aforementioned laws & regulations committed within its territory
Ø if the crime is of a kind to disturb the peace of the country or the good order of the territorial / territorial sea.
sea; v Given “protective jurisdiction” under UNCLOS III
Ø if the assistance of the local authorities has been requested by the master of the ship or by a Ø Article 33, UNCLOS III provides that the Contiguous Zone may not extend beyond 24 nautical
diplomatic agent or consular officer of the flag State; or miles from the baselines from which the breadth of the territorial sea is measured.
Ø if such measures are necessary for the suppression of illicit traffic in narcotic drugs or
psychotropic substances. CONTINENTAL SHELF (ART. 76, UNCLOS)
v The above provisions do not affect the right of the coastal State to take any steps authorized by its v Comprises the sea-bed & subsoil of the submarine areas that extend beyond its territorial sea
laws for the purpose of an arrest or investigation on board a foreign ship passing through the throughout the natural prolongation of its land territory to the outer edge of the continental margin,
territorial sea after leaving internal waters. or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea
is measured where the outer edge of the continental margin does not extend up to that distance.

v Right of coastal state over its continental shelf is exclusive THE PATRIMONIAL SEA / ECONOMIC ZONE
v Continental Margin (Par. 4, Art. 76)
Ø Comprises the submerged prolongation of the land mass of the coastal State, & consists of the PATRIMONIAL SEA (EEZ)
sea-bed & subsoil of the shelf the slope & the rise. v The expanse of sea extending 200 NM from the coast from the coast or baselines of the state over
Ø It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof. which it asserts EXCLUSIVE JURISDICTION & OWNERSHIP OVER ALL LIVING & NON-LIVING
Ø Coastal State shall establish the outer edge of the continental margin wherever the margin RESOURCES FOUND THEREIN.
extends beyond 200 nautical miles from the baselines from which the breadth of the territorial v Adoption of the concept of Patrimonial Sea:
sea is measured, by either: Ø Declaration of Santo Domingo, 1972, General Report of the African States Regional Seminar
§ a line delineated in accordance with paragraph 7 by reference to the outermost fixed on the Law of the Sea
points at each of which the thickness of sedimentary rocks is at least 1 per cent of the Ø Addis Ababa Declaration of 1973
shortest distance from such point to the foot of the continental slope; or v Article 56(1) UNCLOS III provides:
§ a line delineated in accordance with paragraph 7 by reference to fixed points not more Ø In the EEZ, the coastal state has:
than 60 nautical miles from the foot of the continental slope. a. sovereign rights for the purpose of exploring & exploiting, conserving, & managing
the natural resources, whether living or non-living, of the waters superjacent to the
ARTICLE 77, UNCLOS III seabed & of the seabed & its subsoil, & with regard to other activities for the economic
v Coastal state exercises jurisdiction on its sovereign rights for the purpose of exploring it & exploiting exploitation & exploration of the zone, such as the production of energy from the
its natural resources water, currents, & winds
v State has exclusive rights, & no one may undertake such activities without the express consent of b. jurisdiction as provided for in the relevant provisions of this Convention with regard
the State to:
v Rights of the State over the continental shelf do not depend on occupation, effective or notional, or i. the establishment & use of artificial islands, installations, & structures
on any express proclamation. ii. Marine scientific research
v Natural Resources referred consist of the mineral & other non-living resources of the seabed & iii. The protection & preservation of the marine environment
subsoil together with living organisms belonging to sedentary species c. Other rights & duties provided for in this Convention
Ø In exercising its rights & performing its duties under this Convention in the EEZ, the coastal
PHILIPPINES V. CHINA state shall have due regard to the rights & duties of other States & shall act in a manner
v On the continental shield, rights of other States are limited to laying cables & pipelines & to the rights compatible with the provisions of this Convention
& freedoms to which they are otherwise entitled in the superjacent waters. Provisions of the
Convention are even more explicit that rights to the living & non-living resources pertain to the PRINCIPLE OF MARE LIBERIUM
coastal State exclusively. v No state has sovereignty over any portion of the seas beyond its territorial waters.
v System of Maritime zones created by the Convention was intended to be comprehensive & to cover v No state can take jurisdiction over any other than its own ship upon the high seas.
any area of seabed. v Available to the use for all states for purposes of navigation, flying over them, laying submarine
v Under the Convention, the intention of settling all issues relations to the law of the sea & emphasis cables or fishing.
on the desirability of establishing a legal order for the seas is evident under Article 309, which v In times of war, hostilities may be waged on the open seas.
provides that “no reservations or exceptions may be made to this Convention unless expressly v Sic utere tuo, non alienum laedas.
permitted by other articles of this Convention.” Ø the proposition that one State’s sovereign right to use its territory is circumscribed by an
v Insofar as China’s claims related to the nine-dash light that includes the EEZ or continental Shelf of obligation not to cause injury to, or within, another State’s territory.
the PH, the Convention does not include any express provision preserving or protecting historic
rights that are at variance with the Convention, rather it supersedes earlier rights & agreements to ARCHIPELAGO DOCTRINE
the extent of any incompatibility v “Waters around, between & connecting the islands of the archipelago, regardless of their breadth &
dimensions, form part of the internal waters of the Philippines.”
v Internal waters are subject to exclusive jurisdiction of the PH.
Ø However, archipelagic sealanes are to be laid on these waters over which foreign ships will
have the right of passage as if they were open seas (1982 Convention on the Law of the Sea).

i.e foreign vessels may use sealanes in negotiating the distance from one point of the open THE OPEN SEAS
sea to another.
RES COMMUNES
JURISDICTION ON TERRITORIAL WATERS v also known as open or high seas
v UNCLOS does not provide for freedom of overflight or for freedom of navigation, beyond a right of v Available to the use of all states for the purposes of navigation, flying over them, laying submarine
innocent passage. cables or fishing.
v In times of war, hostilities may be waged on the open seas
ARTICLE 121, UNCLOS III (REGIME OF THE ISLANDS)
v An island is a naturally formed area of land, surrounded by water that is above water at high tide INSTANCES WHEN STATE MAY EXERCISE BEYOND TERRITORIAL SEA JURISDICTION
v The territorial sea, the contiguous zone, the exclusive economic zone & the continental shelf are 1. Extraterritoriality
determined in accordance with the provisions of the Convention applicable to other land territory 2. Exterritoriality
3. Extreme necessity or in self defense
REPUBLIC OF THE PHILIPPINES V. PEOPLE’S REPUBLIC OF CHINA (PCA Case 2013-19, In the 4. Hot pursuit which begun in marginal waters & continued in the open sea
Matter of the South China Sea Arbitration): 5. Enforcement of revenue laws
v Within the EEZ, Article 56 (1) of the Convention provides for the sovereign rights & jurisdiction of 6. Enforcement of quarantine, sanitary & police regulations
the coastal State. 7. Arresting of pirates
v The rights of other States in the EEZ are then set out in Article 58, which limits them to navigation, 8. Fishing purposes
overflight, & the laying of submarine cables & pipelines, & other internationally lawful uses of the 9. Better policing of the coast
sea related to these freedoms. High seas & freedoms apply in the EEZ only to the extent they are
not incompatible with the provisions of this part of the Convention INSTANCES WHEN STATE MAY EXERCISE BEYOND JURISDICTION * * *
v Finally, the rights of other States “whose nationals have habitually fished in the zone” are specifically v Vessels
addressed in Art. 62 of the Convention. Under this provision, coastal States are only obliged to Ø The flag state has jurisdiction over its public vessels at all times, whether they be in its own
permit fishing in the EEZ by foreign nationals in the event that the coastal State Lacks the capacity territory, in the territory of other states or on the open seas.
to harvest the entire allowable catch. Even then, historic fishing in the area is only one of the criteria § Merchant vessels, on the other hand, are under its jurisdiction when they are within its
to be applied in allocation access, & foreign fishing is subject to the laws & regulations of the coastal territory, when jurisdiction is waived or cannot be exercised by the territorial sovereign, or
State. when such vessels are on the open seas.
v The Convention is clear on the allocation of rights within the EEZ & continental shelf. With respect Ø Article 95 UNCLOS – Warships on the high seas have complete immunity from the jurisdiction
to non-living resources, Art. 77 of the Convention provides that the “coastal State”/PH, “exercises of any State other than the flag State
over the continental shelf sovereign rights for the purpose of exploring it & exploiting its natural Ø Article 96 UNCLOS – Provides that ships owned or operated by a State & used only on
resources”. “The rights referred to… are exclusive in the sense that if the coastal State does not government non-commercial service shall, on the high seas, have complete immunity from the
explore the continental shelf or exploit its natural resources, no one may undertake these activities jurisdiction of any State other than the flag State.
without the express consent of the coastal State”. Within its continental shelf, only the PH, or another Ø The Lotus Case (PICJ Ser. A., No. 10, 1927, Hudson, World Ct. Rep. 20)
State acting with its permission, may exploit the resources of the sea-bed. § Facts: The Lotus, a French steamer, & the Bozkourt, a Turkish vessel, collided on the
v The rights of other States in the waters above the continental shelf & with respect to submarine Aegean Sea, outside territorial waters resulting in the sinking of the latter vessel & death
cables & pipelines are expressly detailed in Articles 78 & 79 of the Convention. Nothing in these of several of Turkish nationals. The Lotus docked at Constantinople, where its officer of
Articles permits any State to prevent another State from exercising sovereign rights over its own watch at the time of the accident, a French national, was subsequently convicted of
continental shelf. manslaughter by the Turkish courts. France protested arguing that the collision took place
v The same clarity is evident with respect to living resources & the provisions of the EEZ as provided in open seas
under Article 56 (1), & the rights of other States in Article 58. The rights of other States do not include § Held: The offense for which Lieutenant Demons appears to have been prosecuted as an
restricting a coastal State from exploiting the living resources of its act of negligence or imprudence, having its origin on board the Lotus whilst its effects
v own EEZ. Indeed, the very notion is incompatible with the concept of sovereign rights & the exclusive made themselves felt on board the Bozkourt.
jurisdiction over fisheries that was the central objective motivating the introduction of the EEZ
• These elements are legally entirely inseparable so much so that their separation
concept.
renders the offense non-existent.

• It is only natural that each should be able to exercise jurisdiction & to do so in respect Ø where a vessel attempts to escape into the territorial waters of another state, the pursuing
of the incident as a whole. THIS IS A CASE OF CONCURRENT JURISDICTION BY vessel may continue the chase but is under the obligation of turning over the pirates, when
FLAG STATES captured, to the authorities of the coastal state.
Ø Convention on the High Seas Ø piracy is committed for private ends, not political motives. Insurgents may, therefore, not be
§ Art. 11: In the event of a collision or of any other incident of navigation concerning a ship treated as pirates.
on the high seas, involving the penal or disclipinary responsibility of the master or of any Ø Quoted UNCLOS Provisions – Articles 100-107
other person in the service of the ship, no penal or disciplinary proceeding may be § Article 100 Duty to cooperate in the repression of piracy
instituted against such person except before the judicial or administrative authorities either • All States shall cooperate to the fullest possible extent in the repression of piracy on
of the flag state or of the state of which such person is a national. the high seas or in any other place outside the jurisdiction of any State.
Ø QUOTED UNCLOS PROVISIONS: § Article 101 Definition of piracy
§ Article 97 (1) (2), 98 (1) (2) • Piracy consists of any of the following acts:
• Article 97 Penal jurisdiction in matters of collision or any other incident of navigation a. any illegal acts of violence or detention, or any act of depredation,
1. In the event of a collision or any other incident of navigation concerning a committed for private ends by the crew or the passengers of a private
ship on the high seas, involving the penal or disciplinary responsibility of ship or a private aircraft, & directed:
the master or of any other person in the service of the ship, no penal or i. on the high seas, against another ship or aircraft, or against
disciplinary proceedings may be instituted against such person except persons or property on board such ship or aircraft;
before the judicial or administrative authorities either of the flag State or of ii. against a ship, aircraft, persons or property in a place outside
the State of which such person is a national. the jurisdiction of any State;
2. In disciplinary matters, the State which has issued a master's certificate or b. any act of voluntary participation in the operation of a ship or of an aircraft
a certificate of competence or license shall alone be competent, after due with knowledge of facts making it a pirate ship or aircraft;
legal process, to pronounce the withdrawal of such certificates, even if the c. any act of inciting or of intentionally facilitating an act described in
holder is not a national of the State which issued them. subparagraph (a) or (b).
3. No arrest or detention of the ship, even as a measure of investigation, shall § Article 102 Piracy by a warship, government ship or government aircraft whose
be ordered by any authorities other than those of the flag State. crew has mutinied
• Article 98 Duty to render assistance • The acts of piracy, as defined in article 101, committed by a warship,government
1. Every State shall require the master of a ship flying its flag, in so far as he ship or government aircraft whose crew has mutinied & taken control of the ship or
can do so without serious danger to the ship, the crew or the passengers: aircraft are assimilated to acts committed by a private ship or aircraft.
a. to render assistance to any person found at sea in danger of § Article 103 Definition of a pirate ship or aircraft
being lost; • A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons
b. to proceed with all possible speed to the rescue of persons in in dominant control to be used for the purpose of committing one of the acts referred
distress, if informed of their need of assistance, in so far as such to in article 101. The same applies if the ship or aircraft has been used to commit
action may reasonably be expected of him; any such act, so long as it remains under the control of the persons guilty of that act
c. after a collision, to render assistance to the other ship, its crew § Article 104 Retention or loss of the nationality of a pirate ship or aircraft
& its passengers &, where possible, to inform the other ship of • A ship or aircraft may retain its nationality although it has become a pirate ship or
the name of his own ship, its port of registry & the nearest port aircraft. The retention or loss of nationality is determined tby the law of the State from
at which it will call. which such nationality was derived.
2. Every coastal State shall promote the establishment, operation & § Article 105 Seizure of a pirate ship or aircraft
maintenance of an adequate & effective search & rescue service regarding • On the high seas, or in any other place outside the jurisdiction of any State, every
safety on & over the sea &, where circumstances so require, by way of State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy & under
mutual regional arrangements cooperate with neighboring States for this the control of pirates, & arrest the persons & seize the property on board. The courts
purpose. of the State which carried out the seizure may decide upon the penalties to be
v Pirates imposed, & may also determine the action to be taken with regard to the ships,
Ø pirates are enemies of all mankind & may be captured on the open seas by the vessels of any aircraft or property, subject to the rights of third parties acting in good faith.
state, to whose territory they may be brought for trial & punishment.

§ Article 106 Liability for seizure without adequate grounds § To be lawful, the pursuit must be begun before the offending vessel has left the territorial
• Where the seizure of a ship or aircraft on suspicion of piracy has been effected waters or the contiguous zone of the coastal state with respect to violation of rights
without adequate grounds, the State making the seizure shall be liable to the State enforceable thereon.
the nationality of which is possessed by the ship or aircraft for any loss or damage § Moreover, the pursuit must be continuous or unabated; otherwise, it will be deemed to
caused by the seizure. have ―cooledǁ & can no longer be resumed.
§ Article 107 Ships & aircraft which are entitled to seize on account of piracy Ø Elements
• A seizure on account of piracy may be carried out only by warships or military aircraft, 1. The pursuit must be commenced when the ship is within the internal waters, territorial
or other ships or aircraft clearly marked & identifiable as being on government service sea or the contiguous zone of the pursuing State, & may only be continued outside if
& authorized to that effect. the pursuit has not been interrupted
v In the exercise of its right to visit & search 2. It is continuous & unabated
Ø Under the laws of neutrality, the public vessels or aircraft of a belligerent state may visit & 3. Pursuit conducted by a warship, military aircraft, or government ships authorized to
search any neutral merchant vessels or aircraft of a belligerent state may visit & search any that effect
neutral merchant vessel on the open sea & capture it if it is found or suspected to be engaged Ø Quoted UNCLOS Provisions – Articles 111, 108 (1) (2), 109, 112, 116, 125
or to have engaged in activities favorable to the other belligerent. § Article 111 Right of hot pursuit
Ø Quoted UNCLOS Provisions – Article 110 1. The hot pursuit of a foreign ship may be undertaken when the competent
§ Article 110 Right of visit authorities of the coastal State have good reason to believe that the ship has
1. Except where acts of interference derive from powers conferred by treaty, a violated the laws & regulations of that State. Such pursuit must be commenced
warship which encounters on the high seas a foreign ship, other than a ship when the foreign ship or one of its boats is within the internal waters, the
entitled to complete immunity in accordance with articles 95 & 96, is not justified archipelagic waters, the territorial sea or the contiguous zone of the pursuing
in boarding it unless there is reasonable ground for suspecting that: State, & may only be continued outside the territorial sea or the contiguous zone
a. the ship is engaged in piracy; if the pursuit has not been interrupted. It is not necessary that, at the time when
b. the ship is engaged in the slave trade; the foreign ship within the territorial sea or the contiguous zone receives the order
c. the ship is engaged in unauthorized broadcasting & the flag State of to stop, the ship giving the order should likewise be within the territorial sea or
the warship has jurisdiction under article 109; the contiguous zone. If the foreign ship is within a contiguous zone, as defined in
d. the ship is without nationality; or article 33, the pursuit may only be undertaken if there has been a violation of the
e. though flying a foreign flag or refusing to show its flag, the ship is, in rights for the protection of which the zone was established.
reality, of the same nationality as the warship. 2. The right of hot pursuit shall apply mutatis mutandis to violations in the exclusive
2. In the cases provided for in paragraph 1, the warship may proceed to verify the economic zone or on the continental shelf, including safety zones around
ship's right to fly its flag. To this end, it may send a boat under the command of continental shelf installations, of the laws & regulations of the coastal State
an officer to the suspected ship. If suspicion remains after the documents have applicable in accordance with this Convention to the exclusive economic zone or
been checked, it may proceed to a further examination on board the ship, which the continental shelf, including such safety zones.
must be carried out with all possible consideration. 3. The right of hot pursuit ceases as soon as the ship pursued enters the territorial
3. If the suspicions prove to be unfounded, & provided that the ship boarded has sea of its own State or of a third State.
not committed any act justifying them, it shall be compensated for any loss or 4. Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied
damage that may have been sustained. itself by such practicable means as may be available that the ship pursued or
4. These provisions apply mutatis mutandis to military aircraft. one of its boats or other craft working as a team & using the ship pursued as a
5. These provisions also apply to any other duly authorized ships or aircraft clearly mother ship is within the limits of the territorial sea, or, as the case may be, within
marked & identifiable as being on government service. the contiguous zone or the exclusive economic zone or above the continental
v Under the doctrine of hot pursuit shelf. The pursuit may only be commenced after a visual or auditory signal to
Ø Principle of hot pursuit - If an offense is committed by a foreign merchant vessel within the stop has been given at a distance which enables it to be seen or heard by the
territorial waters of the coastal state; its own vessels may pursue the offending vessel into the foreign ship
open sea & upon capture bring it back to its territory for punishment. 5. The right of hot pursuit may be exercised only by warships or military aircraft, or
other ships or aircraft clearly marked & identifiable as being on government
service & authorized to that effect.

6. Where hot pursuit is effected by an aircraft: 1. All States are entitled to lay submarine cables & pipelines on the bed of the high
a. the provisions of paragraphs 1 to 4 shall apply mutatis mutandis; seas beyond the continental shelf.
b. the aircraft giving the order to stop must itself actively pursue the ship 2. Article 79, paragraph 5, applies to such cables & pipelines.
until a ship or another aircraft of the coastal State, summoned by the § Article 116 Right to fish on the high seas
aircraft, arrives to take over the pursuit, unless the aircraft is itself able • All States have the right for their nationals to engage in fishing on the high seas
to arrest the ship. It does not suffice to justify an arrest outside the subject to:
territorial sea that the ship was merely sighted by the aircraft as an a. their treaty obligations;
offender or suspected offender, if it was not both ordered to stop & b. the rights & duties as well as the interests of coastal States provided for,
pursued by the aircraft itself or other aircraft or ships which continue the inter alia, in article 63, paragraph 2, & articles 64 to 67; &
pursuit without interruption. c. the provisions of this section.
7. The release of a ship arrested within the jurisdiction of a State & escorted to a § Article 125 Right of access to & from the sea & freedom of transit
port of that State for the purposes of an inquiry before the competent authorities 1. Land-locked States shall have the right of access to & from the sea for the
may not be claimed solely on the ground that the ship, in the course of its purpose of exercising the rights provided for in this Convention including those
voyage, was escorted across a portion of the exclusive economic zone or the relating to the freedom of the high seas & the common heritage of mankind. To
high seas, if the circumstances rendered this necessary this end, land-locked States shall enjoy freedom of transit through the territory of
8. Where a ship has been stopped or arrested outside the territorial sea in transit States by all means of transport.
circumstances which do not justify the exercise of the right of hot pursuit, it shall 2. The terms & modalities for exercising freedom of transit shall be agreed between
be compensated for any loss or damage that may have been thereby sustained. the land-locked States & transit States concerned through bilateral, subregional
§ Article 108 Illicit traffic in narcotic drugs or psychotropic substances or regional agreements.
1. All States shall cooperate in the suppression of illicit traffic in narcotic drugs & 3. Transit States, in the exercise of their full sovereignty over their territory, shall
psychotropic substances engaged in by ships on the high seas contrary to have the right to take all measures necessary to ensure that the rights & facilities
international conventions. provided for in this Part for land-locked States shall in no way infringe their
2. Any State which has reasonable grounds for believing that a ship flying its flag is legitimate interests.
engaged in illicit traffic in narcotic drugs or psychotropic substances may request
the cooperation of other States to suppress such traffic. UNCLOS PROVISIONS FOR THE HIGH SEAS – ARTICLES 87 – 94
§ Article 109 Unauthorized broadcasting from the high seas v Article 87 Freedom of the high seas
1. All States shall cooperate in the suppression of unauthorized broadcasting from 1. The high seas are open to all States, whether coastal or land-locked. Freedom of the high
the high seas. seas is exercised under the conditions laid down by this Convention & by other rules of
2. For the purposes of this Convention, "unauthorized broadcasting" means the international law. It comprises, inter alia, both for coastal & land-locked States:
transmission of sound radio or television broadcasts from a ship or installation a. freedom of navigation;
on the high seas intended for reception by the general public contrary to b. freedom of overflight;
international regulations, but excluding the transmission of distress calls. c. freedom to lay submarine cables & pipelines, subject to Part VI;
3. Any person engaged in unauthorized broadcasting may be prosecuted before d. freedom to construct artificial islands & other installations permitted under
the court of: international law, subject to Part VI;
a. the flag State of the ship; e. freedom of fishing, subject to the conditions laid down in section 2;
b. the State of registry of the installation; f. freedom of scientific research, subject to Parts VI & XIII.
c. the State of which the person is a national; 2. These freedoms shall be exercised by all States with due regard for the interests of other
d. any State where the transmissions can be received; or States in their exercise of the freedom of the high seas, & also with due regard for the
e. any State where authorized radio communication is suffering rights under this Convention with respect to activities in the Area.
interference. v Article 88 Reservation of the high seas for peaceful purposes
4. On the high seas, a State having jurisdiction in accordance with paragraph 3 Ø The high seas shall be reserved for peaceful purposes.
may, in conformity with article 110, arrest any person or ship engaged in v Article 89 Invalidity of claims of sovereignty over the high seas
unauthorized broadcasting & seize the broadcasting apparatus. Ø No State may validly purport to subject any part of the high seas to its sovereignty.
§ Article 112 Right to lay submarine cables & pipelines

v Article 90 Right of navigation publications & navigational equipment & instruments as are appropriate for the
Ø Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high safe navigation of the ship;
seas. b. that each ship is in the charge of a master & officers who possess appropriate
v Article 91 Nationality of ships qualifications, in particular in seamanship, navigation, communications &
1. Every State shall fix the conditions for the grant of its nationality to ships, for the marine
registration of ships in its territory, & for the right to fly its flag. Ships have the nationality
of the State whose flag they are entitled to fly. There must exist a genuine link between AERIAL JURISDICTION
the State & the ship.
2. Every State shall issue to ships to which it has granted the right to fly its flag documents FIVE AIR FREEDOMS
to that effect. 1. Freedom to fly across foreign territory without landing
v Article 92 Status of ships 2. Freedom to land for non-traffic purposes
1. Ships shall sail under the flag of one State only &, save in exceptional cases expressly § Stop for non-traffic purposes – a landing for any purpose other than taking on or
provided for in international treaties or in this Convention, shall be subject to its exclusive discharging passengers, cargo or mail, and does not include landings for embarking or
jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a disembarking stopover passengers or transshipped cargo or mail, or for other than strictly
port of call, save in the case of a real transfer of ownership or change of registry. operational purposes.
2. A ship which sails under the flags of two or more States, using them according to 3. Freedom to put down traffic originating in the state of the aircraft
convenience, may not claim any of the nationalities in question with respect to any other 4. Freedom to embark traffic destined to the state of the aircraft
State, & may be assimilated to a ship without nationality. 5. Freedom to embark traffic destined for, or to put down traffic coming from a third state.
v Article 93 Ships flying the flag of the UN, its specialized agencies & the International Atomic
Energy Agency CONVENTION OF OFFENSES & CERTAIN ACTS COMMITTED ON BOARD AN AIRCRAFT
Ø The preceding articles do not prejudice the question of ships employed on the official service v It is the state of registration of the aircraft that has jurisdiction over offenses & acts committed on
of the UN, its specialized agencies or the International Atomic Energy Agency, flying the flag board while it is in flight or over the high seas or any other area outside the territory of any state.
of the organization. v No other state may exercise jurisdiction over such aircraft. EXCEPT:
1. The offense has effect on the territory of such state
v Article 94 Duties of the flag State 2. The offense has been committed by or against a national or permanent resident of such
1. Every State shall effectively exercise its jurisdiction & control in administrative, technical state
& social matters over ships flying its flag. 3. The offense is against the security of such state
2. In particular every State shall: 4. The offense consists of a breach of any rules or regulations relating to the flight or
a. maintain a register of ships containing the names & particulars of ships flying maneuver of aircraft in force in such state
its flag, except those which are excluded from generally accepted international 5. The exercise of jurisdiction is necessary to ensure the observance of any obligation of
regulations on account of their small size; & such state under a multilateral international agreement
b. assume jurisdiction under its internal law over each ship flying its flag & its
master, officers & crew in respect of administrative, technical & social matters
OUTER SPACE
concerning the ship.
3. Every State shall take such measures for ships flying its flag as are necessary to ensure
safety at sea with regard, inter alia, to: JURISDICTION OVER OUTER SPACE
a. the construction, equipment & seaworthiness of ships; v Outer space (region beyond the earth’s atmosphere) is not subject to the jurisdiction of any state.
b. the manning of ships, labour conditions & the training of crews, taking into v Outer space & other celestial bodies are not susceptible of national appropriation.
account the applicable international instruments; v Astronauts & their satellites & equipment, while in outer space, remain under the jurisdiction of the
c. the use of signals, the maintenance of communications & the prevention of state that sent them.
collisions. v Embodied in the Treaty on Principles Governing the Activities of States in the Exploration & Use of
4. Such measures shall include those necessary to ensure: Outer Space, including the Moon & Other Celestial Bodies (Outer Space Treaty):
a. that each ship, before registration & thereafter at appropriate intervals, is Ø the exploration & use of outer space shall be carried out for the benefit & in the interests of all
surveyed by a qualified surveyor of ships, & has on board such charts, nautical countries & shall be the province of all mankind

Ø outer space shall be free for exploration & use by all states illustrated by the immunities of the head of state in a foreign country, remains a
Ø outer space is not subject to national appropriation by claim of sovereignty, by means of use respected principle of international law.
or occupation, or by any other means 5. Through the enjoyment of easements or servitudes, such as the easement of
Ø States shall not place nuclear weapons or other weapons of mass destruction in orbit or on innocent passage or the easement or arrival under stress.
celestial bodies or station them in outer space in any other manner, the Moon & other celestial Ø Portuguese Enclaves Case
bodies shall be exclusively used for peaceful purposes § Ruling: the ICJ held that Portugal had a right of passage through Indian territory in order
Ø Astronauts shall be regarded as the envoys of mankind to reach its own territory. This right was limited “to the extent necessary for the exercise
Ø States shall be responsible for national space activities whether carried out by governmental of Portuguese sovereignty over the Enclaves & subject to the regulation & control of India,
or non-governmental entities in respect of private persons, civil officials & goods in general.”
Ø States shall be liable for damage caused by their space objects
Ø States shall avoid contamination of space & celestial bodies GENERALLY RECOGNIZED PRINCIPLES OF CRIMINAL JURISDICTION
1. Territorial Principle (embodied in Art 14 NCC) – which vests jurisdiction in the state where the
OTHER TERRITORIES offense was committed.
Ø The State may exercise jurisdiction only within its territory.
DISTINCTION OF EXTERRITORIALITY FROM EXTRATERRITORIALITY Ø Exceptionally, it may have jurisdiction over persons & acts done outside its territory depending
v Right of EX-territoriality refers to the privilege or the right of certain persons & things to be on the kind of jurisdiction it invokes.
regarded as detached portions of the state to which they belong, moving about on the surface of Ø While there is no territorial limit on the exercise of jurisdiction over civil matters, a State, as a
foreign territory yet remaining separate from it, &, therefore, not subject to local laws & local general rule, has criminal jurisdiction only over offenses committed within its territory, except
jurisdiction. It is based on international custom. over
Ø EXTERRITORIALITY – status of a person or thing physically present on a State’s territory, but § continuing offenses;
wholly or partly withdrawn from the State’s jurisdiction by a rule of international law § acts prejudicial to the national security or vital interests of the State;
v Right of EXTRA-territoriality refers to the right of persons only to be exempted from local law & § universal crimes; &
jurisdiction based on treaty stipulations or convention. § offenses covered by special agreement (although this is now obsolete).
Ø Jurisdiction Ø State Territory
§ A state may, by virtue of customary or conventional international law, extend its jurisdiction § For purposes of jurisdiction, a State's territory extends to its dependent territories,
beyond its territory & over territory not falling under its sovereignty airspace, aircrafts, ships, & territorial sea.
§ May be effected in the following ways: § As for the contiguous zone, exclusive economic zone, & continental shelf, a State may
1. through assertion of its personal jurisdiction over its nationals abroad or the have limited jurisdiction over acts performed in such area provided the acts violated the
exercise of its right to punish certain offenses committed outside its territory rights of the coastal State in that particular zone.
against its national interests even if the offenders are non-resident aliens Ø Subjective v. Objective Territoriality
2. on the strength of its relations with other states or territories, as when it § Subjective territoriality enables a State to take jurisdiction over an act which began in
establishes a colonial protectorate, or a condominium, or administers a trust their territory.
territory, or occupies enemy territory in times of war § Objective territoriality enables a State to take jurisdiction over an act which ended in its
3. as a consequence of the waiver of jurisdiction by the local state over persons & territory.
things within its territory, illustrated by the foreign army stationed therein which 2. Nationality Principle (embodied in Art 15 NCC) – which vest jurisdiction in the state of the
remains under the jurisdiction of the sending state or by the exceptions to the offender.
English & French rules on criminal jurisdiction over foreign merchant vessels Ø The State has jurisdiction over its nationals anywhere in the world, based on the theory that a
4. through acquisition of extraterritorial rights. In this connection, exterritoriality national is entitled to the protection of the State wherever he may be, & thus, is bound to it by
must be distinguished from extraterritorially in that the former refers to the duty of obedience & allegiance, unless he is prepared to renounce his nationality.
exemption of persons & property from the local jurisdiction on the basis of Ø This applies to civil matters (Article 15 NCC) & in taxation
international custom whereas the latter applies only to persons & is based on Ø This does not apply to criminal offenses
treaty or convention. Extraterritoriality has become discredited because of the Ø Determination of Nationality
rise of nationalism & the sovereign equality of states. But extraterritoriality, as § States are allowed to determine who their nationals are.

§ the Philippines uses a method known as jus sanguinis wherein a child becomes a natural- PERSONAL NOTES
born citizen if his parents are citizens, regardless of where he was born. v Jurisdiction – substantive law
§ Other nations such as the United States use the jus soli method wherein a child becomes Ø Source of jurisdiction in international law is international customs
a natural-born citizen if he is born on American territory, regardless of the nationality of v Contiguous Zone – jurisdiction applies to customs, immigration, fiscal, sanitary laws
his parents. v Internal Waters – as part of archipelagic waters
Ø Types Ø Sealane passage
§ Active Nationality – basis for jurisdiction where the forum state asserts the right to v Open / High Seas
prescribe a law for an action based on the nationality of the actor Ø If vessel is there, no jurisdiction except for the flag state of the vessel
§ Passive Nationality – theory of jurisdiction based on the nationality of the victim v Pirate
• Rarely used Ø Kahit sino pwede tumira if nasa open/high seas
¨ Offensive for a nation to insist that foreign laws are not sufficient to protect its Ø If nasa coastal waters, si coastal states dapat mag handle
citizens abroad v Hot Pursuit
¨ The victim is not being prosecuted Ø Sige habol ka, except if pumasok na sa territorial waters ng ibang state
3. Protective Principle (embodied in Art 2 RPC) – which vests jurisdiction in the state whose national Ø Pwede if nag violate or committed a crime while in the territory / contiguous zone pa sila
interest is injure, such as counterfeiting, treason or espionage.
Ø State has jurisdiction over acts committed abroad (by nationals or foreigners) which are
prejudicial to its national security, territorial integrity, political independence, or any other vital
interests. MODULE 8:
Ø Philippine Domestic Law IMMUNITY FROM JURISDICTION
§ Under Article 2 of the Revised Penal Code, Philippine courts have criminal jurisdiction,
over:
STATE IMMUNITY
• offenses committed on board a Philippine ship or airship;
• forgery / counterfeiting of Philippine coins or currency notes;
DOCTRINE OF SOVEREIGN IMMUNITY
• introduction into the Philippines of such or forged or counterfeit coins or notes;
v A state may not be sued without its consent in the local courts of another state as a necessary
• offenses committed by public officers or employees in the exercise of official
consequence of the principles of independence & equality of states
functions; &
v Immunity of foreign states is NOT absolute
• crimes against national security & the law of nations
Ø Restrictive theory – the immunity of the sovereign is recognized only with regard to public acts
4. Universality Principle (for universal crimes) – which vests jurisdiction in the state which has
or acts jure imperii, but not with regard to private acts or acts jure gestionis
custody of the offender like in piracy
§ Example of jure imperii – conduct of public bidding for the repair of a wharf at a United
Ø State has jurisdiction over offenses considered as universal crimes regardless of where
States Naval Station, naval base for the defense of both the US & the Philippines
committed & who committed them.
§ Example of jure gestionis – hiring a cook in a recreation center for US servicemen located
Ø Universal crimes are those which threaten the international community as a whole & are
in Baguio City
considered criminal offenses in all countries, e.g., piracy jure gentium, genocide, white slave
trade, hijacking, terrorism, war crimes.
TYPES OF SOVEREIGN IMMUNITY
Ø Jurisdiction under the universality principle oil can be applied through treaties, examples of
1. Classical or Absolute Theory – a sovereign cannot, without its consent, be made a
which are the 1984 UN Convention I on the Prohibition Against Torture & the 1971 Montreal
respondent in the courts of another sovereign
Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aircraft
2. Restrictive Theory – The immunity of the sovereign is recognized only with regard to public
5. Passive Personality Principle – which vests jurisdiction in the state of the offended party.
acts or acts jure imperii of a State, but not with regard to private acts or acts jure gestionis.
Ø State exercises jurisdiction over crimes against its own nationals even if committed territory.
Ø This principle may be resorted to if the other principles previously discussed are not applicable.
EXCEPTIONS TO DOCTRINE OF STATE IMMNUNITY
Ø The principle of passive personality has been deemed by scholars to be the most controversial
v Under the UN Convention on the Jurisdictional Immunities of States & their Property, the defense of
among the principles of jurisdiction.
state immunity is not applicable in the following cases
Ø Art. 7 – when there is waiver of state immunity

Ø Art. 8 – if the state itself has instituted the proceedings IMMUNITY OF HEAD OF STATE
Ø Art. 9 – any counterclaim
Ø Art. 10 – commercial transactions with private individuals or entities (state immunity applies to THE HEAD OF STATE
commercial transactions between states) v Is regarded as the embodiment of or at least represents the sovereignty of his state.
Ø Art. 12 – death or injury to the person, or damage to or loss of tangible property, caused by an v Immunities:
act or omission which is alleged to be attributable to the state 1. He has a right to special protection not only for his physical safety but for the preservation
Ø Art. 13 – right or interest of the state in movable or immovable property arising by way of of his honor or reputation as well.
succession or donation 2. His quarters, archives, property, & means of transportation are inviolate under the
Ø Art. 14 – alleged infringement of patent, industrial design, trade name or business name, principle of exterritoriality.
trademark, copyright or any other form of intellectual or industrial property 3. He is also exempt from criminal jurisdiction & likewise from civil jurisdiction, except where
Ø Art. 15 – participation in a company or other collective body, whether incorporated or he himself is the plaintiff, & is not subject to tax or to exchange or currency restrictions.
unincorporated 4. Ceremonial amenities are also due him unless he is traveling incognito.
Ø Art. 16 – proceeding which relates to the operation of a ship other than a warship v Mighell vs Sultan of Johor
Ø Art. 17 – proceedings involving the effects of an arbitration agreement Ø Immunities or special procedural rules which may attach to the official capacity of a person,
whether under national or international law, shall not bar the Court from exercising its
jurisdiction over such a person.
TESTS WHICH MAY BE APPLIED TO DISTINGUISH BETWEEN JURE GESTIONIS & JURE IMPERII
ACTS
DIPLOMATIC IMMUNITIES
1. Test of the purpose of the transaction: Is the purpose of the contract a high State matter or
a matter of sovereign authority
2. Test of the nature of the transaction: Is the act one that may be performed by anyone, or DIPLOMATIC IMMUNITY
only by a sovereign? v Diplomatic immunity is a status granted to a diplomat that exempts them from the laws of a foreign
jurisdiction.
Is sovereign immunity a customary norm? v It must be noted that immunity is a privilege of the state that a diplomatic agent represents.
v The principle of sovereign immunity from suits is a customary norm of international law that holds, v A person cannot allege breach of immunity if the sending state does not contest a violation.
unless waived by the State concerned.
v Such immunity applies even if the claim against the State is for violation of a jus cogens norm in RIGHT OF LEGATION (DIPLOMATIC INTERCOURSE)
international law. v Refers to the right of the state to send & receive diplomatic missions, which enables states to carry
on friendly intercourse.
Does the doctrine of sovereign immunity apply to public officers? v It is not a natural or inherent right but exist only by common consent.
v Yes. While the doctrine appears to prohibit only suits against the State without its consent, it is also v No legal liability is incurred by the state for refusing to send or receive diplomatic representatives.
applicable to complaints filed against officials of the State for acts allegedly performed by them in v Governed by the Vienna Convention on Diplomatic Relations (1961)
the discharge of their duties. (Arigo v. Swift) v Envoys
v However, the mere allegation that a government functionary is being sued in his personal capacity Ø Ceremonial – usually sent to attend state functions like a coronation or a jubilee
will not automatically remove him from the protection of the law of public officers & of the doctrine of Ø Political – may be commissioned to negotiate with a particular state or to participate in an
state immunity. By the same token, the mere invocation of official character will not suffice to insulate international conference or congress
him from suability & liability for an act imputed to him as a personal tort committed without or in § There is no need to accredit them to the state where the sessions are being held nor is it
excess of his authority. necessary that there be regular diplomatic relations between that state & their own

PROCESS OF SUGGESTION AGENTS OF DIPLOMATIC INTERCOURSE

v When a state or international agency wishes to plead sovereign or diplomatic immunity in a foreign v Head of state
court, it requests the foreign office of the state where it is sued to convey to the court that said Ø Embodiment of, & represents the sovereignty of the State.
defendant is entitled to immunity Ø Enjoys the right to special protection for his physical safety & the preservation of his honor &
reputation.

Ø His quarters, archives, property, & means of transportation are inviolate under the principle of Ø Diplomatic passport, official instructions & a cipher or code book for use in sending secret
exterritoriality. communications to his government
Ø Exempt from criminal jurisdiction. Also from civil jurisdiction, except when he himself is the Ø Instructions – which may include document of full powers (pleins pouvoirs) giving him authority
plaintiff to negotiate on extraordinary or special business
Ø Not subject to tax or to exchange or currency restrictions. Ø Cipher or Code Book – for use in sending secret communication to his home country.
Ø Entitled to ceremonial amenities except if her is traveling in cognito. [Mighell v. Sultan of Johore, v Unless the receiving state had previously given its agreement to his appointment, the diplomatic
L.R. (1894), 1 Q.B. Div. 149] representative cannot claim the usual privileges & immunities of his office until he is formally
v Foreign Secretary accepted.
Ø His office, the Foreign Office handles the actual day-to-day conduct of foreign affairs.
Ø He is the immediate representative of the head of state & directly under his control. PROCESS OF AGREATION
Ø He makes binding declarations on behalf of his state on any matter falling within his authority, v The informal process of avoiding rejection of diplomatic representative that may result to strained
i.e. questions relating to international claims against the state. relations between the sending & receiving states.
Ø He is the head of the foreign office & has direction of all ambassadors & other diplomatic v Two acts
representatives of his government. 1. The inquiry, usually informal, addressed by the sending State to the receiving State
v Diplomatic Envoys/ Missions regarding the acceptability of an individual to be its chief of mission; &
Ø The regular or day-to-day conduct of international affairs is entrusted to the members of the 2. The agreement, also informal, by which the receiving State indicates to the sending state
foreign service who are accredited by the sending state as its permanent envoys to represent that such person, would be acceptable.
it in the states with which it is maintaining diplomatic relations.
Ø Heads of mission are divided into three classes, namely: CONDUCT OF DIPLOMATIC MISSION
a. That of ambassadors or nuncios accredited to Heads of State, & other heads of v Exercise utmost discretion & tack, taking consideration always the preservation of the goodwill of
mission of equivalent rank; the sending state;
b. That of envoys, ministers & internuncios accredited to Heads of State; v Avoid interference with the internal affairs of the receiving state.
c. That of chargés d’affaires accredited to Ministers for Foreign Affairs. v Not to aid one political party at the expense of another.
Ø Importance of the classification of diplomatic representatives: v Not to publicly criticize the policies or acts of the receiving state or its nationals.
§ Direct communication with the head of state depended then on the rank of the diplomat v Not to use his mission for espionage, dissemination of propaganda against the receiving state, or
&, moreover, only the powerful states were regarded as entitled to send envoys of the subversion of its government.
highest rank.
DIPLOMATIC FUNCTIONS
COMMENCEMENT OF DIPLOMATIC MISSION v The functions of a diplomatic mission consist, inter alia, in:
v Appointment of Envoys 1. Represent sending State in receiving State
Ø President appoints, sends & instructs the diplomatic & consular representatives. His 2. Protect in receiving State interest of sending State & its nationals
prerogative to determine the assignment of the diplomatic representative cannot be 3. Negotiate with government of receiving State
questioned. [De Perio-Santos v. Macaraig, G.R. No. 94070, Apr. 10, 1992] 4. Promote friendly relations between sending & receiving States & developing their
Ø Sending state not totally free in choosing it diplomatic representatives, especially heads of economic, cultural, & scientific relations
mission. Receiving state has the right to refuse to receive the representative. 5. Ascertain by all lawful means conditions & developments in receiving State & reporting
v Commencement of the Diplomatic Mission thereon to government of sending State
Ø The head of the mission is considered as having taken up his functions in the receiving State 6. In some cases, represent friendly governments at their request
either when he has presented his credentials or when he has notified his arrival & a true copy
of his credentials has been presented to the Ministry for Foreign Affairs of the receiving State. DIPLOMATIC IMMUNITIES & PRIVILEGES
v The credentials of the diplomatic agent include: v Diplomatic Inviolability
Ø Letter of credence – document by which the envoy is accredited by the sending State to the Ø The person of the diplomatic agent, his residence, & the diplomatic premises & property may
foreign State to which he is being sent. It designates his rank & the general object of his not be subject to any kind of interference on the part of the receiving state which is legally
mission, & asks that he be received favorably & that full credence be given to what he says on bound to afford him special protection
behalf of his State

v Personal Inviolability b. An action relating to succession in which the diplomatic agent is involved as
Ø Definition executor, administrator, heir or legatee as a private person & not on behalf of
§ the person shall not be liable to any form of arrest or detention the sending State;
§ the receiving state shall treat him with due respect & take all steps to prevent any attack c. An action relating to any professional or commercial activity exercised by the
on his person, freedom, or dignity diplomatic agent in the receiving State outside his official functions.
Ø Application Ø Immunity from jurisdiction may be waived expressly by the sending state, or under its authority,
§ Persona non grata – essentially the person is not welcome by the head of mission
• The receiving state, without the need of an explanation, have a diplomatic agent be Ø Waiver may also be made impliedly, as when the person entitled to the immunity commences
declared as such proceedings in the local state & thereby opens himself to any counterclaim directly connected
• The sending state must recall the diplomatic agent or terminate his functions with the with the principal claim.
mission Ø Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not
• Failure of the sending state to do so within a reasonable time enables the receiving be held to imply waiver of immunity in respect of the execution of the judgment, for which a
state to refuse to recognize the diplomatic agent separate waiver shall be necessary.
§ Official Acts – a diplomatic agent has permanent immunity in relation to official acts he v R.A. 75
has performed Ø Subject to the rule on reciprocity, it declares as void any writ or process issued to:
• Such immunity of official acts continues to subsist even when he is no longer a § the person of any ambassador or public minister of any foreign state, authorized &
diplomatic agent received by the President; or
§ Administrative & Technical Staff – enjoy absolute immunity for criminal offenses, but § any domestic servant of any such ambassador or minister; or
only enjoy immunity with regard to official acts in case the offense involved is civil or § his goods or chattels distrained, seized or attached
administrative Ø Exceptions:
§ Service staff – provided they are not nationals or permanent residents of the receving § Citizens/inhabitants of the Philippines, where the process is founded upon a debt
state, they are entitled to immunity from liability arising from acts performed in the course contracted before his employment in the diplomatic service; &
of their duties § Domestic servants of the ambassador or minister whose names are not registered with
§ Immunity during war – no justification for suspending the immunities enjoyed by the DFA
diplomatic agents during war Ø It is the DFA which can make a determination of immunity from suit, which may be considered
v Immunity from Jurisdiction, Exceptions to Civil & Administrative Jurisdiction as conclusive upon the courts & that this authority is exclusive to the DFA
Ø From CRIMINAL Jurisdiction Ø The courts cannot blindly adhere & take on its face the communication from the DFA that
§ The diplomatic agent is immune from criminal jurisdiction of the receiving state. petitioner is covered by any immunity
§ But this does not mean he is exempt from local laws; it does not give him the right to Ø The DFA’s determination that a certain person is covered by immunity is only preliminary which
violate the laws of the receiving state. has no binding effect in courts
§ Diplomatic privilege does not import immunity from legal liability BUT ONLY EXEMPTION Ø WHO v Aquino
FROM LOCAL JURISDICTION [Dickinson v. Del Solar, 1 K.B. 376] § Facts: Respondent judge issued a warrant for the search & seizure of certain goods
Ø From CIVIL & ADMINISTRATIVE Jurisdiction alleged to have been brought into the Philippines illegally by an official of the World Health
§ The diplomatic agent also enjoys immunity from civil & administrative jurisdiction of the Organization. The WHO & the official moved to quash the warrant on the ground of
receiving state. diplomatic immunity enjoyed by the official. The DFA Secretary & OSG joined them in the
§ No civil action of any kind may be brought against him, even with respect to matters representation but the judge denied the motion
relating to his private life. § Held: The search warrant is void. It is a recognized principle of international law & under
§ His properties are not subject to garnishment, seizure for debt, execution & the like. our system of separation of powers that diplomatic immunity is essentially a political
§ The children born to a diplomatic agent while he possesses diplomatic status are regarded question & courts should refuse to look beyond a determination by the executive branch.
as born in the territory of his home state. • Where the plea of diplomatic immunity is recognized & affirmed by the executive
§ EXCEPTIONS branch, it is the duty of the courts to accept the claim of immunity so as not to
a. A real action relating to private immovable property situated in the territory of embarrass the executive arm of the government in conducting the country’s foreign
the receiving State, unless he holds it on behalf of the sending State for the relations
purposes of the mission;

v Inviolability of Diplomatic Premises c. Estate, succession or inheritance duties levied by the receiving State, subject to the
Ø The premises of the mission shall be inviolable. The agents of the receiving State may not provisions of paragraph 4 of article 39;
enter them, except with the consent of the head of the mission. d. Dues & taxes on private income having its source in the receiving State & capital
Ø The receiving State is under a special duty to take all appropriate steps to protect the premises taxes on investments made in commercial undertakings in the receiving State;
of the mission against any intrusion or damage & to prevent any disturbance of the peace of e. Charges levied for specific services rendered; (f) Registration, court or record fees,
the mission or impairment of its dignity. mortgage dues & stamp duty, with respect to immovable property, subject to the
Ø The premises of the mission, their furnishings & other property thereon & the means of provisions of article 23.
transport of the mission shall be immune from search, requisition, attachment or execution § His personal baggage is also free from inspection unless there are
Ø Franchise de l’hotel serious grounds for presuming that it contains articles not exempt from
§ Extends immunity from the local law to the diplomatic premises. customs duties or not admissible into the receiving state.
§ These include the envoy’s offices, his residence & out-buildings, his means of v Other Privileges
transportation, & the compound where these are found, which may not be entered by the Ø Subject to its laws & regulations concerning zones entry into which is prohibited or regulated
local authorities without his permission. for reasons of national security, the receiving State shall ensure to all members of the mission
Ø This rule is not absolute as it allowed, in cases of clear & urgent necessity, for the local freedom of movement & travel in its territory.
authorities to take forcible measures to arrest any person subject to their jurisdiction. Ø The receiving State shall exempt diplomatic agents from all personal services, from all public
Ø The so-called right of diplomatic asylum has not received universal recognition except when it service of any kind whatsoever, & from military obligations such as those connected with
is extended for humanitarian reasons, as when the fugitive seeking requisitioning, military contributions & billeting.
Ø The mission & its head shall have the right to use the flag & emblem of the sending State on
Ø EXCEPTION the premises of the mission, including the residence of the head of the mission, & on his means
§ Extreme cases of necessity or there is imminent danger that a crime of violence is to be of transport.
perpetrated in the premises
v Inviolability of Archives WAIVER OF IMMUNITIES
Ø The receiving state has no right to pry into the official papers & records of a foreign diplomatic v Diplomatic privileges may be waived.
mission. v But the waiver cannot be made by the individual concerned SINCE IMMUNITIES ARE NOT
Ø The archives & documents of the mission shall be inviolable at any time & wherever they may PERSONAL TO HIM.
be. v Waiver may be made only by the government of the sending state for head of mission. In other
v Inviolability of Communication cases, by either the government or the chief of mission.
Ø Universal recognition of the right of an envoy to communicate fully & freely with his government. v Waiver does not include execution of judgment. A separate waiver is necessary
Ø The mission may employ all appropriate means to send & receive messages, whether by
ordinary or in cipher, by any mode of communication or by diplomatic couriers. DURATION & TERMINATION OF DIPLOMATIC MISSION
Ø Diplomatic pouch & diplomatic couriers also enjoy inviolability. v Duration
§ Diplomatic bag – consists of packages containing official correspondence, documents, & Ø Every person entitled to privileges & immunities shall enjoy them from the moment he enters
articles, whether accompanied by a diplomatic courier or not the territory of the receiving State on proceeding to take up his post or, if already in its territory,
v Exemption from Testimonial Duties from the moment when his appointment is notified to the Ministry for Foreign Affairs.
Ø A diplomatic agent is not obliged to give evidence as a witness. Ø When the functions of a person enjoying privileges & immunities have come to an end, such
Ø However, he is not prohibited by international law from doing so & may waive this privilege. privileges & immunities shall normally cease at the moment when he leaves the country, or on
v Exemption from Taxation expiry of a reasonable period in which to do so, but shall subsist until that time, even in case
Ø A diplomatic agent shall be exempt from all dues & taxes, personal or real, national, regional of armed conflict. However, with respect to acts performed by such a person in the exercise of
or municipal, except: his functions as a member of the mission, immunity shall continue to subsist.
a. Indirect taxes of a kind which are normally incorporated in the price of goods or Ø These privileges & immunities are available to him & to his family not only in situ but as well
services; intrensitu, that is, when traveling through a third state on the way to or from the receiving state,
b. Dues & taxes on private immovable property situated in the territory of the receiving so far as may be necessary to secure his transit or return.
State, unless he holds it on behalf of the sending State for the purposes of the
mission;

v Termination v They are not charged with the duty of representing their states in political matters nor are they
Ø Death accredited to the state where they are supposed to discharge their functions.
Ø Resignation v Consuls do not ordinarily enjoy all the traditional diplomatic immunities & privileges, although they
Ø Removal are to a certain extent entitled to special treatment under the law of nations.
Ø Extinction of the state v Consuls are concerned with administrative & economic issues; diplomats are for political concerns
Ø Abolition of office
Ø Recall by the sending state KINDS & GRADES
§ Recall may be demanded by the receiving state when the foreign diplomat becomes 1. Consules Missi - Professional or career consuls who are nationals of the appointing state & are
persona non grata to it for any reason. required to devote their full time to the discharge of their consular duties.
Ø Dismissal by the receiving state 2. Consules Electi – May or may not be nationals of the appointing state & perform their consular
§ Where the demand is rejected by the receiving state, or even without making a request functions only in addition to their regular callings.
for recall, the receiving state may resort to the more drastic method of dismissal, by means
of which the offending diplomat is simply asked to leave the country. RANKS
Ø War between them 1. Consul-general – Heads several consular districts, or one exceptionally large consular district;
§ The outbreak of war between the sending & receiving states terminates their diplomatic 2. Consul – Takes charge of a small district or town or port;
relations, which are in fact usually severed even before the actual commencement of 3. Vice-consul – Assist the consul; &
hostilities. 4. Consular agent – Usually entrusted with the performance of certain functions by the consul.
Ø Change of government by violence
§ Diplomatic relations are not disturbed if the change is peaceful but may be suspended APPOINTMENT
where it is effected by means of violence & the new government has not yet been v Letter of Patent
recognized by the receiving state Ø Letter of appointment or commission which is transmitted by the sending state to the Secretary
of Foreign Affairs of the country where the consul is to serve
DIPLOMATIC DOCUMENTS, EXAMPLES v Exequatur
v Demarche – petition or protest presented through official channels Ø The authorization given to the consul by the sovereign of the receiving state, allowing him to
Ø Usually a formal diplomatic presentation of one government’s official position or wishes on a exercise his function within the territory
given subject to an appropriate official in another government or international organization
Ø Often seek to persuade, inform, or gather information FUNCTIONS
v Aide-memoire – diplomatic note / informal summary of a diplomatic interview or conversation that v Protection of the interests of the sending State & its nationals in the receiving State.
serves merely as an aid to memory v Promotion of the commercial, economic, cultural, & scientific relations of the sending & receiving
v Diplomatic correspondence – official correspondence between the agents authorized by a state States.
to conduct its foreign relations v Observes the conditions & developments in the receiving State & report the same to the sending
v First-Person Note – used for the most important correspondence State.
Ø Prepared by the secretary/undersecretary, or similar v Issuance of passports & other travel documents to nationals of the sending State & visas or
v Note Verbale – informal third person note appropriate documents to persons wishing to travel to the sending State.
Ø Middle between first-person & aide-memoire v Supervision & inspection of vessels & aircraft of the sending State.
v Pro Memoria – formal note embodying written record of a diplomatic discussion
v Voeu – official expression by an international conference of a wish or hope, often a resolution IMMUNITIES & PRIVILEGES
v Immunities of the Consuls
CONSULAR IMMUNITIES Ø Inviolability of their correspondence, archives & other documents
Ø Freedom of movement & travel
CONSULS Ø Immunity from jurisdiction for acts performed in their official capacity; &
v state agents residing abroad for various purposes but mainly in the interest of commerce & Ø Exemption from certain taxes & customs duties
navigation. v Members of a consular post are under no obligation to give evidence on the following situations:
Ø Concerning matters connected with the exercise of their functions

Ø To produce official correspondence & documents TERMINATION OF CONSULAR MISSION

Ø To give evidence as expert witness with regard to the law of the sending State v Death
v Liability of Consuls v Recall
Ø Arrest & punishment for grave offenses; & v Dismissal
Ø May be required to give testimony, subject to certain exceptions. v Notification by the receiving State to the sending State that it has ceased to consider as member of
v Immunities of the Consular Office the consular staff
Ø With respect to that part where the consular work is being performed; & v Withdrawal of his exequatur by the receiving State.
Ø May be expropriated by the receiving state for purposes of national defense or public utility. v War - outbreak of war between his home State & the receiving State.
§ With respect to expropriation by the receiving State, steps shall be taken to avoid
impeding the performance of consular functions, & prompt, adequate & effective IMMUNITY OF INTERNATIONAL ORGANIZATIONS & THEIR OFFICERS
compensation shall be paid by the sending State.
Ø A consular officer does not enjoy immunity from the criminal jurisdiction of the receiving State OF THE UNITED NATIONS (based on the Convention on the Privileges & Immunities of the UN)
& are not amenable to the jurisdiction of the judicial or administrative authorities of the receiving v The organization, its property & assets wherever located & by whomsoever held, shall enjoy
State in respect of acts performed in the exercise of consular functions immunity from every form of legal process except insofar as in any particular case it has expressly
Ø However, this does not apply in respect of a civil action either: waived its immunity. It is, however, understood that no waiver of immunity shall extend to any
1. Arising out of a contract concluded by a consular officer in which he did not enter measure of execution
expressly or impliedly v Its premises shall be inviolable.
2. By a third party for damages arising from an accident in the receiving State caused v Its archives & in general all documents belonging to it or held by it are inviolable wherever located
by a vehicle, vessel or aircraft. (Article 41 & 43, Vienna Convention v The organization, its assets, income, & other property shall be exempt from all direct taxes, customs
duties & prohibitions & restrictions on imports & exports for its official use
Diplomatic Immunity Consular Immunity
“Premises of the mission” includes the building “Consular premises” includes the building or OF THE UN SECRETARY GENERAL & OTHER OFFICIALS (based on the Convention on the Privileges
or parts of the building & the land irrespective of parts of the buildings & the land irrespective of & Immunities of the UN)
ownership used for the purpose of the mission the ownership used exclusively for the purposes v Immunity from legal process in respect of words spoken Or written & all acts performed by them in
including the residence of the head of mission of consular posts their official capacity;
General Rule – the agents of the receiving state General Rule – the agents of the receiving state v Exemption from taxation on the salaries & emoluments paid to them by the UN;
may not enter the premises of the mission may not enter the consular premises v Immunity from national service obligations;
v Immunity, together with their spouses & relatives dependent on them, from immigration restrictions
Exception – with the consent of the mission Exception – with the consent of the head of the & alien registration;
consular post v To be accorded the same privileges in respect of exchange facilities as are accorded to the officials
of comparable ranks forming part of diplomatic missions to the Government concerned;
Consent is assumed in case of fire or other v To be given, together with their spouses & relatives dependent on them, the same repatriation
disaster requiring prompt protective action facilities in time of international crisis as diplomatic envoys; &
Personal baggage of a diplomatic agent shall Consular bag shall not be opened v To have the right to import free of duty their furniture & effects at the time of first taking up their post
not be opened in the country in question.
It may be requested that the bag be opened in
their presence by an authorized representative OF THE REPRESENTATIVE OF STATES TO THE PRINCIPAL & SUBSIDIARY ORGANS OF THE UN
of the receiving state if they have serious reason & TO CONFERENCES CONVENED BY THE UN (based on the Convention on the Privileges &
to believe that the bag contains objects of other Immunities of the UN)
articles, documents, correspondence, etc. v Immunity from personal arrest or detention & from seizure of their personal baggage, &, in respect
Not obliged to give evidence as witness May be called upon to attend as a witness of words spoken or written & all acts done by them in their capacity as representatives, immunity
from legal process of every kind;
If declined, no coercive measure or penalty may v Inviolability for all papers & documents;
be applied v The right to use codes & to receive papers or correspondence by courier or in sealed bags;

v Exemption in respect of themselves & their spouses from immigration restrictions, alien registration DETERMINATION OF A PERSON’S NATIONALITY
or national service obligations in the State they are visiting or through which they are passing in the 1. Birth
exercise of their functions; a. Jus soli
v The same facilities in respect of currency or exchange restrictions as are accorded to b. Jus sanguinis
representatives of foreign governments on temporary official missions; 2. Naturalization – accomplished through marriage, legitimation, option (election), acquisition of
v The same immunities & facilities in respect of their personal baggage as are accorded to diplomatic domicile, appointment to government office, or grant on application
envoys; & also a. Direct
v Such other privileges, immunities, & facilities not inconsistent with the foregoing as diplomatic b. Derivative
envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods 3. Repatriation – The recovery of nationality by individuals who are natural-born citizens of a
imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes. State but who had lost their nationality.
• R.A. 8171 governs repatriation of Filipino women who have lost Filipino citizenship
ACT OF STATE DOCTRINE by reason of marriage to aliens & repatriation of former natural-born Filipinos who
lost Filipino citizenship.
ACT OF STATE DOCTRINE 4. Subjugation – when a state is defeated & its territory is annexed, its nationals become subjects
v The doctrine protects the sovereignty of states by judicial deference to the public acts of a foreign of the winning state
state done in that state’s territory 5. Cession – when a state cedes its territory to another state, the people found in the ceded
v The courts of one country will not sit in judgment on the acts of the government of another, done territory become subjects of the accepting states
within its own territory
SUBJECT
v Has particular reference to the nationals of monarchial regimes, e.g., a British subject, who may be
PERSONAL NOTES
a citizen of the United Kingdom or of one of its colonies.
v Head of State – immune during term
v Consul – not absolute immunity
ACQUISITION OF NATIONALITY
v Diplomat – Pwede either release or recall if they commit a crime
v Nationality may be acquired by birth or by naturalization.
v Consular premises – not totally inviolable
v An individual acquires the nationality of the state where he is born jure solis or the nationality of his
parents jure sanguinis.

MODULE 9: ACQUISITION OF NATIONALITY

NATIONALITY & STATELESSNESS
NATURALIZATION
v Is a process by which a foreigner acquires, voluntarily or by operation of law, the nationality of
NATIONALITY V. CITIZENSHIP another state.

NATIONALITY JUS SANGUINIS V. JUS SOLI

v The tie that binds an individual to his state, from which he can claim protection & whose laws he is v Jus soli – Acquisition of nationality of the state where one is born;
obliged to obey. v Jus sanguinis – by blood, i.e. acquiring nationality of one’s parent or parents.
v Membership in a political community with all its concomitant rights & obligations.
KINDS OF NATURALIZATION
CITIZENSHIP 1. Direct Naturalization
v It applies only to certain members of the state accorded more privileges than the rest of the people • Is effected:
who also owe it allegiance a. By individual proceedings, usually judicial, under general naturalization
laws;
b. By special act of the legislature, often in favor of distinguished foreigners
who have rendered some notable service to the local state;

c. By collective change of nationality (naturalization en masse) as a result Dual Citizenship Dual Allegiance
of cession or subjugation; & Arises when, as a result of the concurrent application of the Refers to the situation in which a
d. In some cases, by adoption of orphan minors as nationals of the state different laws of two or more states, a person is simultaneously person simultaneously owes, by
where they are born. considered a national by the said states some positive act, loyalty to two or
2. Derivative Naturalization more states.
• Is conferred: Involuntary Result of an individual’s volition
a. On the wife of the naturalized husband; It is possible for the following classes of citizens of the
b. On the minor children of the naturalized parent; Philippines to possess dual citizenship:
c. On the alien woman upon marriage to a national. 1. Those born of Filipino fathers &/or mothers in foreign
• Derivative naturalization does not always follow as a matter of course, for it is usually countries which follow the principle of jus soli.
made subject to stringent restrictions & conditions. 2. Those born in the Philippines of Filipino mothers &
alien fathers if by the laws of their father’s’ country
Case: Poe-Llamanzares vs COMELEC such children are citizens of that country;
v Foundlings are likewise citizens under international law. 3. Those who marry aliens if by the laws of the latter’s
v Article 14 of the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality country the former are considered citizens, unless
Laws under which a foundling is presumed to have the nationality of the country of birth. by their act or omission they are deemed to have
v A foundling is presumed born citizens of the country where he is found, contained in Article 2 of the renounced Philippine Citizenship
1961 UN Convention on the Reduction of Statelessness.
CASES ON DUAL CITIZENSHIP/ ALLEGIANCE
MULTIPLE NATIONALITY, EXAMPLES v Mercado vs Manzano
Ø Whether or not a person born in United States, where, as previously stated, the jus soli principle
MULTIPLE NATIONALITY is observed, but of a Filipino father & a Filipino mother can be considered as a natural-born
v It is the possession by an individual of more than one nationality. It is acquired as the result of the Filipino citizen & therefore qualified to run for public office.
concurrent application to him of the conflicting municipal laws of two or more States claiming him as v Valles vs COMELEC
their national. Ø The Court likewise upheld the citizenship qualification of a person born of Filipino parents but
v Example: in Australia.
Ø A child born in the United States of Filipino parentage would be a citizen of that country under Ø It was ruled that for candidates with dual citizenship, it is enough that they elect Philippine
the jus soli as prescribed by American law & at the same time a citizen of the Philippines under citizenship upon the filing of their certificate of candidacy, to terminate their status as persons
our Constitution, which recognizes only the jus sanguinis with dual citizenship.
Ø The filing of a certificate of candidacy sufficed to renounce foreign citizenship, effective
RULES ON MULTIPLE NATIONALITIES Ø Safely removing any disqualification as a dual citizen.
v See CONFLICT OF NATIONALITY LAWS Ø In the certificate of candidacy, one declares that he/she is a Filipino citizen & that he/she will
Ø 1930 Hague Convention on Conflict of Nationality Laws, Articles 3 – 6 support & defend the Constitution of the Philippines & will maintain true faith & allegiance
thereto.
DOCTRINE OF INDELIBLE ALLEGIANCE Ø Such declaration, which is under oath, operates as an effective renunciation of foreign
v An individual may be compelled to retain his original nationality notwithstanding that he has already citizenship
renounced or forfeited it under the laws of a second state whose nationality he has acquired v Cordora vs COMELEC
v Examples Ø The Supreme Court also upheld the eligibility for elective public office of a person born of
Ø Sec. 2, Art. III, Phil. Constitution where a Filipino woman continues her citizenship even if Filipino parents in America.
married to a foreigner. v AASJS vs Datumanong
Ø An American citizen who has accepted a commission in the French Navy was convicted of Ø A Filipino who becomes a naturalized citizen of another country is allowed to retain his Filipino
violating the Neutrality Act of 1874 since he had no power to renounce his allegiance without citizenship by swearing to the supreme authority of the Republic of the Philippines.
the consent of the US & therefore subject still to its laws. Ø Naturalized citizens who acquire Filipino citizenship & desire to run for elective public office in
the Philippines meet the qualifications for holding such public office as required by the

Constitution & existing laws &, at the time of the filing of the certificate of candidacy, make a b. Request for release
personal & sworn renunciation of any & all foreign citizenship before any public officer 2. Involuntary:
authorized to administer an oath aside from the oath of allegiance prescribed in Section 3 of a. Forfeiture as a result of some disqualification or prohibited act like enlistment in a
RA No. 9225. foreign army
Ø Dual citizens on the basis of RA No. 9225 have been acknowledged in our jurisdiction as having b. Substitution of one nationality for another following a change of sovereignty
the right to be registered as voters, regardless of the fact that they may not reside here.
v Macalintal vs COMELEC CONFLICT OF NATIONALITY LAWS
Ø The right of non-resident Filipinos to vote under the provisions of the Overseas Absentee Voting
Act of 2003, the Court declared that there is no provision in the dual citizenship law, requiring RULES ON MULTIPLE NATIONALITIES
duals to actually establish residence & physically stay in the Philippines first before they can v Hague Convention on the Conflict of Nationality Laws [1930]
exercise their right to vote. Ø Article 1 – Each state to determine under its law who are its nationals.
v David vs Agbay Ø Article 2 – Any question as to whether a person possesses the nationality of a particular state
Ø Section 3, RA 9225 to be determined in accordance with the law of the state.
§ Retention of Philippine Citizenship – Any provision of law to the contrary Ø Article 3 – A person with two or more nationalities may be regarded as its national by each of
notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a the states whose nationality he possesses.
foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking Ø Article 4 – A state may not give diplomatic protection to one of its nationals against a state
the following oath of allegiance to the Republic: whose nationality such person also possesses. [see Nottenbohm case]
• "I _____________________, solemnly swear (or affirm) that I will support & defend Ø Article 5 – Within a third State, a person having more than one nationality shall be treated as if
the Constitution of the Republic of the Philippines & obey the laws & legal orders he had only one. Without prejudice to the application of its law in matters of personal status &
promulgated by the duly constituted authorities of the Philippines; & I hereby declare of any conventions in force, a third State shall, of the nationalities which any such person
that I recognize & accept the supreme authority of the Philippines & will maintain true possesses, recognize exclusively in its territory either the nationality of the country in which he
faith & allegiance thereto; & that I imposed this obligation upon myself voluntarily is habitually & principally resident, or the nationality of the country with which in the
without mental reservation or purpose of evasion." circumstances he appears to be in fact most closely connected.
§ Natural born citizens of the Philippines who, after the effectivity of this Act, become Ø Article 6 – Without prejudice to the liberty of a State to accord wider rights to renounce its
citizens of a foreign country shall retain their Philippine citizenship upon taking the nationality, a person possessing two nationalities acquired without any voluntary act on his part
aforesaid oath. may renounce one of them with the authorization of the State whose nationality he desires to
Ø Note: surrender. This authorization may not be refused in the case of a person who has his habitual
§ Under the first paragraph are those natural born Filipinos who have lost their citizenship & principal residence abroad, if the conditions laid down in the law of the State whose
by naturalization in a foreign country who shall re-acquire their Philippine citizenship upon nationality he desires to surrender are satisfied.
taking the oath of allegiance to the Republic of the Philippines.
§ The second paragraph covers those natural born Filipinos who became foreign citizens DOCTRINE OF EFFECTIVE NATIONALITY, WHEN IS IT APPLICABLE
after R.A. 9225 took effect, who shall retain their Philippine citizenship upon taking the v Within a third state, a person having more than one nationality shall be treated as if he had only one.
same oath. v Under the principle of effective nationality, the third state shall recognized conclusively in its territory
§ The taking of oath of allegiance is required for both categories of natural-born Filipino either the nationality of the country in which he is habitually & principally present or the nationality
citizens who became citizens of a foreign country, but the terminology used is different, of the country with which he appears to be in fact most closely connected.
"re-acquired" for the first group, & "retain" for the second group. v Article 5, Hague Convention on the Conflict of Nationality Laws [1930]
Ø Within a third state, a person having more than one nationality shall be treated as if he had only
LOSS OF NATIONALITY one.
Ø Without prejudice to the application of its law in matters of personal status & of any convention
LOSS OF NATIONALITY in force, a third state shall, of the nationalities which any of such person possesses, recognize
1. Voluntary – precedes the acquisition exclusively in its territory either:
a. Renunciation – voluntary withdrawal a. The nationality of the country in which he is HABITUALLY & PRINCIPALLY A
i. Express RESIDENT; or
ii. Implied

b. The nationality of the country with which in the circumstances he appears to v Consequences of Statelessness
be in fact MOST CLOSELY CONNECTED. 1. No state can intervene or complain in behalf of the stateless person for an international
Ø The immediately preceding determination is what is known as the delinquency committed by another state in inflicting injury upon him;
PRINCIPLE OF EFFECTIVE OR ACTIVE NATIONALITY. 2. He cannot be expelled by the state if he is lawfully in its territory except on grounds of
national security or public order;
DIPLOMATIC PROTECTION 3. He cannot avail himself of the protection & benefits of citizenship like securing for himself
v A state is entitled to protect its subjects when injured by acts contrary to international law committed a passport or visa & personal documents.
by another state, from whom they have been unable to obtain satisfaction through ordinary channels v Example:
v Conditions for the Exercise of Diplomatic Protection 1. A child born in a state where only jus sanguinis is recognized to parents whose state
Ø Defendant state has broken an obligation towards the national state in respect of its own observe only the jus soli.
nationals, & 2. Individual who after renouncing his original nationality in order to be naturalized in
Ø Only the party to whom an international obligation is owed can bring a claim regarding breach another state is subsequently denaturalized & is thereafter denied repatriation by his
of that obligation former country.
Ø In such cases, the individual is, from the traditional viewpoint, powerless to assert any right that
PRINCIPLE OF CONTINUOUS NATIONALITY otherwise would be available to him under international law were he a national of a particular
v Applies to claims for diplomatic protection state.
v Requires that from the time of the occurrence of the injury until the making of the award, the claim § A state does not commit an international delinquency in inflicting an injury upon an
must continuously & without interruption have belonged to a person or to a series of persons: individual lacking nationality, & consequently no State is empowered to intervene or
Ø Having the nationality of the state by whom it is put forward, & complain on his behalf either before or after the injury.
Ø Not having the nationality of the state against whom its put forward § The Hague Convention of 1930 adopted certain rules calculated to avoid the condition of
statelessness & all its attendant inconvenience.
PRINCIPLE OF NATIONAL TREATMENT § In the case of naturalization, the wife & children retain their existing nationality if they are
v An alien cannot complain provided he receives the same treatment as nationals. not also naturalized &, moreover, the wife will acquire her husband’s new nationality, if
v An alien can only expect equality of treatment under the local law because he submits to local permitted, only with her own consent.
conditions which benefits & burdens & because to give an alien a special status would be contrary § The adopted child’s existing nationality is also not lost if he does not acquire the adopter’s
to the principles of territorial jurisdiction & equality nationality.
v It is provided that children shall have the nationality of the state of their birth whenever their parents
STATELESSNESS are:
1. Unknown
DEFINITION & CONSEQUENCE 2. Stateless or of unknown nationality
v Statelessness 3. Father who is stateless or of unknown nationality & a mother who is a national of the state
Ø Is the condition or status of an individual who is born without any nationality or who loses his where they are born.
nationality without retaining or acquiring another.
Ø A stateless individual is, from the traditional viewpoint, powerless to assert any right that STEPS UNDERTAKEN TO AVOID CONDITION OF STATELESSNESS (HAGUE CONVENTION OF
otherwise would be available to him under international law where he is a national of a particular 1930)
state. v Article 1
§ Any wrong suffered by him through the act of omission of a state would be damnum Ø It is for each State to determine under its own law who are its nationals. This law shall be
absque injuria for in theory no other state had been offended & no international recognized by other States in so far as it is consistent
delinquency committed as a result of the damage caused upon him. v Article 2
Ø It was in view of this difficulty that the Hague Convention of 1930 adopted rules to avoid the Ø Any question as to whether a person possesses the nationality of a particular State shall be
condition of statelessness & all its attendant inconveniences. Briefly stated, these rules would determined in accordance with the law of that State.
condition loss of nationality by an individual upon his retention or acquisition of another v Article 3
nationality, whether such loss be by expatriation, naturalization as to the wife & minor children Ø Subject to the provisions of the present Convention, a person having two or more nationalities
or adoption. may be regarded as its national by each of the States whose nationality he possesses.

v Article 4 JURISPRUDENCE
Ø A State may not afford diplomatic protection to one of its nationals against a State whose v US vs AUSTRIA & HUNGARY
nationality such person also possesses. Ø Issue: Could the Austrian government subject Alexander Tellech, who was born of Austrian
v Article 5 parents in the US, to compulsory military service?
Ø Within a third State, a person having more than one nationality shall be treated as if he had Ø Ruling: Yes. “The action taken by the Austrian civil authorities in the exercise of their police
only one. Without prejudice to the application of its law in matters of personal status & of any powers & by the Austro-Hungarian military authorities, of which complaint is made, was taken
conventions in force, a third State shall, of the nationalities which any such person possesses, in Austria, where claimant is voluntarily residing, against claimant as an Austrian citizen.
recognize exclusively in its territory either the nationality of the country in which he is habitually Citizenship is determined by rules prescribed by municipal law. Under the law of Austria, to
& principally resident, or the nationality of the country with which in the circumstances he which claimant had voluntarily subjected himself, he was an Austrian citizen. The Austrian &
appears to be in fact most closely connected. the Austro-Hungarian authorities were well within their rights in dealing with him as such.
v Article 6 Possessing as he did dual nationality, he voluntarily took the risk incident to residing in Austrian
Ø Without prejudice to the liberty of a State to accord wider rights to renounce its nationality, a territory & subjecting himself to the duties & obligations of an Austrian citizen arising under the
person possessing two nationalities acquired without any voluntary act on his part may municipal laws of Austria.”
renounce one of them with the authorization of the State whose nationality he desires to v THE CANEVARO CASE – READ!
surrender. This authorization may not be refused in the case of a person who has his habitual Ø Issue: May Italy file a diplomatic claim against Peru on behalf of Rafael Canevaro, who is a
& principal residence abroad, if the conditions laid down in the law of the State whose national of both states under their respective municipal laws?
nationality he desires to surrender are satisfied. Ø Held: “Whereas, according to Peruvian legislation (34 of the Constitution), Rafael Canevaro is
a Peruvian by birth because born on Peruvian territory, &, whereas, on the other hand,
RIGHTS OF STATELESS PERSON (COVENANT RELATING TO THE STATUS OF STATELESS according to Italian legislation (Article 44 of the Civil Code) he is of Italian nationality because
PERSON) born of an Italian father; whereas, as a matter of fact, Rafael Canevaro had on several
v Convention Relating to the Status of Stateless Persons occasions acted as a Peruvian citizen, both by running as a candidate for the Senate, where
I. Treatment of stateless persons vis-à-vis the nationals in the state they are staying none are admitted except Peruvian citizens & where he succeeded in defending his election,
a. THEY MUS BE GIVEN TREATMENT AT LEAST AS FAVORABLE AS THAT &, particularly, by accepting the office of Consul-General for the Netherlands, after having
ACCORDED TO THE NATIONAL OF SUCH STATE WITH RESPECT TO: secured the authorization of both the Peruvian Government & the Peruvian Congress; under
i. Freedom to practice their religion & freedom as regards the religious these circumstances, whatever Rafael Canevaro’s status as a national may be in Italy, the
education of their children; Government of Peru has a right to consider him a Peruvian citizen & to deny his status as an
ii. Access to the courts of law; Italian claimant.”
iii. Rationing of products in short supply; v THE NOTTENBOHM CASE – READ!
iv. Elementary education; Ø Facts: Nottebohm, a German by birth, had been a resident of Guatemala for 34 years when he
v. Public relief & assistance; & applied for & acquired naturalization in Liechtenstein one month before the outbreak of the
vi. Labor legislation & social security. World War II. Many members of his family & his business connections were in Germany. In
vii. issuance of identity papers & travel documents to the stateless 1943, Guatemala, which had declared a war on Germany, confiscated all his properties on the
persons ground that he was an enemy national. Liechtenstein thereupon filed suit against Guatemala
II. Treatment of stateless persons lawfully staying in the territory of a state vis-à-vis aliens on his behalf as a naturalized citizen of Liechtenstein.
found or staying there. Ø Issue: Was Nottembohm’s naturalization in Liechtenstein binding on Guatemala?
a. THEY MUST GIVEN TREATMENT AS FAVORABLE AS POSSIBLE &, IN ANY Ø Held: “The courts of third States, when they have before them an individual whom two other
EVENT, NOT LESS FAVORABLE THAN THAT ACCORDED TO ALIENS States hold to be their national, seek to resolve the conflict by having recourse to international
GENERALLY IN THE SAME CIRCUMSTANCES, relative to: criteria & their prevailing tendency is to prefer the real & effective nationality… (Nottebohm’s)
i. Acquisition of movable & immovable property; actual connections with Liechtenstein were extremely tenuous. No settled abode, no prolonged
ii. Right of association in non-political & non-profit-making associations residence in that country at the time of his application for naturalization… No intention of settling
& trade unions; there was shown at that time or realized in the ensuing weeks, months or years – on the
iii. Gainful employment & practice of liberal profession; contrary, he returned to Guatemala very shortly after his naturalization & showed every
iv. Housing & public education other than elementary education; & intention of remaining there…
v. Freedom of movement.

§ Naturalization was asked not so much for the purpose of obtaining a legal recognition of Ø In the Philippines, diplomatic asylum cannot be granted except to members of the official or
Nottebohm’s membership in fact in the population of Liechtenstein, as it was to enable personal household of diplomatic representatives
him to substitute for his status as a national of a belligerent State that of a national of a v Territorial Asylum
neutral State, with the sole aim of thus coming within the protection of Liechtenstein but Ø Exists only when stipulated in a treaty or justified by established usage
not of becoming wedded to its traditions it interests, its way of life or of assuming the Ø May depend on liberal attitude of the receiving state, on grounds of territorial supremacy
obligations – other than fiscal obligations – & exercising the rights pertaining to the status
acquired. REFUGEES
§ Guatemala is under no obligation to recognize a nationality granted in such
circumstances. Liechtenstein consequently is not entitled to extend its protection to REFUGEES
Nottebohm vis-à-vis Guatemala & its claim must, for this reason, be held to be v Persons who are outside the country of his nationality, or if he has no nationality, the country of his
inadmissible.” former habitual residence either because:
Ø He has or had well-founded fear of prosecution by reason of his race, religion, nationality or
ASYLUM political opinion;
Ø Who is unable or, because of such fear, is unwilling to avail himself of the protection of the
ASYLUM government of the country of his nationality; or if he has no nationality, to return to the country
v The right of asylum is the competence of every state inferred from its territorial supremacy, whether of his former habitual residence.
they are its subjects to allow a prosecuted alien to enter & to remain on its territory under its
protection & thereby grant asylum to him. ESSENTIAL ELEMENTS FOR ONE TO BE CONSIDERED A REFUGEE
v Asserts the fact that every State exercises territorial supremacy person on its territory, whether they 1. He is outside the country of his nationality, or if stateless, outside the country of his habitual
are its subjects or aliens, excludes the exercise of power of foreign States over their nationals in the residence;
territory of another State. Thus, a foreign state, is provisionally, at least, an asylum for every 2. He lacks national protection; &
individual, who being prosecuted at home, crosses its frontier 3. He fears persecution of reason of his race, religion, nationality or political opinion.

THE RIGHT OF ASYLUM RIGHTS OF A REFUGEE (REFUGEE CONVENTION)

1. Every foreign State can grant at least a provisional asylum for any individual, who, being 1. Non-discrimination of application for refugee status based on race, religion, or country of origin
persecuted in his home State, goes to another State. 2. To be treated similar to nationals with respect to the following:
2. In the absence of any international treaty stipulating the contrary, no state is, by international a. right to religion
laws, obliged to refuse admission into its territory to such a fugitive or in case he has been b. rationing system (when supplies are short)
admitted, to expel him or deliver him up to the prosecuting state. c. elementary education
3. The right of asylum is not a right possessed by an alien to demand that a state protect him & d. public relief
grant him asylum. e. labor legislation & social security
4. At present, it is just a privilege granted by a state to allow an alien escaping from the f. fiscal charges
persecution of his country for political reasons to remain & to grant him asylum. 3. To be accorded the same treatment as an alien or foreign national with respect to the following:
5. In short, a foreign state, have the right to grant asylum, but the individual has no right to demand a. to have his personal status respected
asylum (UDHR & the General Assembly’s 1967 Declaration on Territorial Asylum) b. to acquire movable & immovable property
c. protection of industrial property & rights in literacy, artistic & scientific works
PRINCIPLES ON ASYLUM d. right to association
v Diplomatic Asylum e. access to courts
Ø The granting of refuge by a State in its embassies, ships or aircraft in the territory of another f. wage-earning employment
State g. self-employment
Ø Once diplomatic asylum is granted, there is a right of safe conduct from the foreign state. h. housing
Ø Beyond that, the rules of asylum are generally based on treaty rather than Customary i. to practice liberal profession
International Law. j. education other than elementary

4. Administrative assistance OBLIGATIONS OF REFUGEES TO THE COUNTRY WHERE THEY FIND THEMSELVES
5. Freedom of movement v Every refugee has duties to the country in which he finds himself, which require in particular that he
6. To be issued travel documents conforms to its laws & regulations as well as to measures taken for the maintenance of public order
7. Be permitted to transfer their assets
8. Sympathetic considerations as regards the following: CAUTIO JUDICATUM SOLVI
a. Extension of benefits similar to death benefits or social security v Security deposit payable by a foreign plaintiff for taking court action against a national of the State
b. Issuance of travel documents to refugees who are unable to obtain a travel document
from the country of their lawful residence NON-REFOULEMENT (IN RELATION TO REFUGEES)
c. Permission to transfer assets necessary for their resettlement in another country v No contracting state shall expel or return a refugee in any manner whatsoever, to the frontiers of
9. To not be expelled territories where his life or freedom is threatened.
10. To not be penalized for illegal entry until their status in the country is regularized or the obtain v The state is under obligation to grant temporary asylum to refugees.
admission into another country. v Non-refoulement is a principle in international law, specifically refugee law, that concerns the
protection of refugees from being returned to places where their lives or freedoms could be
REFUGEE CONVENTION OF 1951 threatened.
v A refugee is treated as a stateless individual, which he is, either de jure or de facto. v Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution
v The convention does not deal with admission of refugee but with nonrefoulement. based on membership in a social group or class of persons, nonrefoulement refers to the generic
v Refugee Convention does not apply to: repatriation of people, generally refugees into war zones & other disaster areas.
1. Organs receiving protection & assistance from UN except from UN High Commissioner for v the Principle of the non-refoulment was declared to be a generally accepted principle by the
Refugees (UNHCR) Convention relating to the status of stateless persons.
2. Persons having rights & obligations attached to possession of nationality in the country which v Non-application of Non-Refoulment Principle
they have taken residence Ø The prohibition on non-refoulment does not apply when:
3. Persons who: 1. There are reasonable grounds for regarding the refugee as a danger to the security
a. Committed crimes against peace, war, or crimes against humanity of the state; or
b. Committed serious non-political crime outside the country of residence prior to their 2. Having been convicted of a particular serious crime, constitutes danger to the
admission in it community of the state (Refugee Convention, Art. 33)
c. Guilty of acts contrary to purposes & principles of the UN (Refugee Convention, Art.
10) DOCTRINE OF GENUINE LINK
v It states that the bond of nationality must be real & effective in order that a State may claim a person
RIGHTS OF AN APPLICANT FOR REFUGEE STATUS IN THE PHILIPPINES as its national for the purpose of affording him diplomatic protection
1. Right to legal counsel
2. To have the services of an interpreter, necessary, at all stages of the refugee status
determination & for the purposes of the preparation of the written application & for the interview; MODULE 10:
&
3. He shall not be denied access to the UN High Commissioner for Refugees (UNHCR) TREATMENT OF ALIENS
EFFECT OF RECOGNITION OF REFUGEE STATUS IN THE PHILIPPINES: TREATMENT OF ALIENS
1. the benefits of recognition shall automatically inure to the accompanying Family Members
2. Refugees & stateless persons including their family members have the right to residence STANDARDS OF TREATMENT
3. They are entitled to the appropriate visas & such other immigration documents appurtenant 1. National treatment/ equality of treatment – Aliens are treated in the same manner as
thereto as may be provided by immigration laws & regulations; nationals of the State where they reside
4. They may enjoy & exercise such rights & privileges accorded by the 1951 Refugee Convention 2. Minimum international standard – However harsh the municipal laws might be, against
& 1967 Refugee Protocol subject to Philippine laws & regulations a State’s own citizens, aliens should be protected by certain minimum standards of
humane protection.

v States protect aliens within their jurisdiction in the expectation that their own nationals will be § Liability will attach to the state where its treatment of the alien falls below the international
properly treated when residing or sojourning abroad. standard of justice. Or where it is remiss in according him the protection or redresses that
is warranted by the circumstances.
NOTES v Recently invoked in recent times because of the expanding need & desire of nations for wider
v As inherent in sovereignty & essential to its own security & existence, every state has the right to relations in their commercial & cultural activities
determine in what cases under what conditions foreigners may be admitted to its territory. v Function: To encourage more intercourse among the people of the world through intervisitation of
Ø Once it decides to accept them, its competence as a territorial sovereign is limited by the their respective countries
requirement that they be treated justly, in accordance with the law of nations.
v As a rule, aliens cannot claim a preferred position vis-à-vis the national of the state where he is only REQUISITES OF DOCTRINE OF STATE RESPONSIBILITY
a guest. He may NOT ENJOY: 1. The injured alien must first exhaust all local remedies; &
1. The right to vote 2. He must be represented in the international claim for damages by his own State
2. To run for public office
3. To exploit natural resources ELEMENTS OF STATE RESPONSIBILITY
4. To engage in certain businesses regarded as vital to the interests of the local state 1. Breach of international obligation
v Cardinal Rule of International Law: The foreigner must accept the institutions of the local state as 2. Attributability
he finds them • Acts/situations which are attributable to the state
Ø “When in Rome, do as the Romans do.” a. Acts Of The State Organs – acts of State organs in their capacity
Ø He cannot demand that the ways of his host country be altered to suit his own convenience or provided by law or under instructions of superiors
adjusted to gratify his own interests b. Acts Of Other Persons – If the group of persons was in fact exercising
v The state is not an insurer of the life or property of the alien when he is within its territory elements of the governmental authority in the absence or default of the
Ø The alien is expected to take the customary precautions for the protection of his own rights & official authorities & circumstances such as to call for the exercise of those
to avail himself of the usual remedies when the rights are violated elements of authority.
Ø The state cannot be held responsible if the alien is victimized by pickpocket or a swindler or is c. Acts Of Revolutionaries – conduct of an insurrectional movement which
hurt in an accident through fault of another individual & is unable to redress the wrong done to becomes the new government of a State or part of a State.
him
ELEMENTS OF AN INTERNATIONALLY WRONGFUL ACT
DOCTRINE OF STATE RESPONSIBILITY, CONDITIONS 1. Act or omission is attributable to the State under international law; &
2. Constitutes a breach of an international obligation of the State
DOCTRINE OF STATE RESPONSIBILITY
v Governs instances when the alien can claim a more favored position that the national of the local INTERNATIONAL STANDARD OF JUSTICE
state, & in proper cases, hold the state liable for injuries committed against him while within its
territory INTERNATIONAL STANDARD OF JUSTICE
v A state may be held responsible for: v A concept of controversial content that has defied precise definition
Ø An international delinquency v The standard of the reasonable state as referring to the ordinary norms of official conduct observed
§ Instances of International Delinquency in civilized jurisdictions
• Violation of a treaty v Deemed not satisfied:
• Denial of the injured alien to access the court Ø if the laws of the state are intrinsically unjust, as when there is a marked disproportion between
• The state where the injury happened did not institute measures to prevent the the degree of an offence & the penalty imposed for it
incident. Ø If the laws of the state authorize the summary decision of contentious cases without the
• The state concerned did not investigate the incident. observance of notice & hearing & other generally accepted requirements of due process
Ø Directly or indirectly imputable to it v If the laws of the state fall below the international standard of justice, they are equally applicable to
Ø Which causes injury to the national of another state aliens & nationals of that state

DOCTRINE OF EQUALITY OF TREATMENT Ø Liability will attach immediately as their acts may not be effectively prevented or reversed under
v Relations of the state with its own nationals are purely municipal; international law is involved in its the constitution & laws of the state
relations with the nationals of other states v Indirect State Responsibility
Ø The offense is committed by inferior government officials or by private individuals
PRINCIPLE OF DIPLOMATIC PROTECTION Ø The state will be held liable only if, by reason of its indifference in preventing or punishing it, it
v The state has the obligation to protect its nationals even though they are abroad. can be considered to have connived in effect in its commission
Ø Acts of the following are attributable to the state:
THEORY OF OBJECTIVE OR STRICT LIABILITY WITH RESPECT TO STATE RESPONSIBILITY § State organs
v It provides that fault is unnecessary for State responsibility to be incurred. Its requisites are: § Other persons exercising elements of governmental authority in the absence or default of
1. Agency the official authorities & in circumstances calling for the exercise of those elements of
2. Casual connection between the breach & the act or omission imputable to the State. authority.
§ Insurrectional or other movement which becomes the new government.
Case: U.S. (Chattin) v. Mexico v Note: In case of injuries inflicted upon a foreigner in the course of quelling rebellion, state
v Facts: US filed a claim on behalf of a national who was allegedly arrested, tried & sentenced illegally responsibility will attach only if the rebellion succeeds & the rebels will take control of the state, but
by the Mexican government & subjected to inhuman treatment in jail. not when the legitimate government remains in power as the act of quelling rebellion is a valid
v Held: Upheld most of the charges filed by the claimant. Bringing the proceedings of Mexican exercise of defense. State liability will attach only if it fails to observe the minimum international
authorities to the test of international standards, there can be no doubt of their being highly standard for the protection of aliens.
insufficient. Inquiring whether there is convincing evidence of these unjust proceedings, the answer
must be in the affirmative. EXHAUSTION OF LOCAL REMEDIES
Ø Since it is a case of alleged responsibility of Mexico for injustice committed by its judiciary, it is
necessary to inquire whether the treatment of Chattin amounts even to an outrage, to bad faith, v Even assuming the liability of the State for an international delinquency, its enforcement cannot be
to willful neglect of duty, or to an insufficiency of government action recognizable by every claimed by the injured foreigner unless he first exhausts all available local remedies for the
unbiased man; & the answer here again can only be in the affirmative. protection or vindication of his rights
Ø Corollary of the principle that the foreigner must accept the institutions of the state as he finds
FAILURE OF PROTECTION OF REDRESS them. The generally accepted view is that the state must be given an opportunity to do justice
in its own regular way & without unwanted interference with its sovereignty by other states. “It
FAILURE OF PROTECTION OF REDRESS is a sound principle that where there is a judicial remedy, it must be sought; & only if it is sought
v The state may be held liable if it does not make reasonable efforts to prevent injury to the alien or, in vain does diplomatic interposition become proper”
having done so unsuccessfully, fails to repair such injury v This requirement may be dispensed with if there are no remedies to exhaust, as where the laws are
v Degree of diligence required varies with the circumstances of every case intrinsically defective or there is laxity or arbitrariness in their enforcement or where the courts are
Ø U.S. (Noyes) v. Panama: Republic of Panama was not held liable for injuries sustained by an corrupt or where there is no adequate machinery for the administration of justice. There would also
American national from an unruly & having been shown that: be no remedy available from the so-called “acts of state” which are not subject to judicial review.
§ the local police force of three members was reinforced when disorder was apprehended;
§ a policeman & the police chief himself tried actively to protect Noyes when he was RESORT TO DIPLOMATIC PROTECTION
attacked; &
§ it was not possible to pinpoint the culprits in view of the tumultuous nature of the incident v If the injured foreigner has exhausted all local remedies but without success, he may then avail
v Responsibility does not immediately attach to the state upon showing a failure to prevent or redress himself of the assistance of his state but only if he has a state. Otherwise, he will have no party to
an injury to aliens represent him, & he by himself, being a mere individual, cannot institute his claim in his own name
Ø Distinction must be made between direct & indirect state responsibility v In theory, any injury to an alien is a violation not of his own personal right but of the right of his state
to have its nationals protected whenever they are in a foreign country.
DIRECT V. INDIRECT STATE RESPONSIBILITY Ø It follows that where the injured alien is stateless, his case will be one of damnum abs que
v Direct State Responsibility injuria & cannot be the subject of diplomatic protection
Ø The international delinquency was committed by superior government officials or organs

v Nationality is so important that it is required to exist from the time of the injury until the time the 2. Satisfaction – a measure other than restitution or compensation which an offending State
international claim is finally settled. Once this tie is broken, the claim itself is deemed automatically is bound to take.
abated. If, therefore, the injured national dies while the claim is under consideration & it should ¨ Its object is often either:
happen that his heirs are not nationals of the claimant state, the claim will lapse a. An apology & other acknowledgment of wrongdoing
v This requirement may yet yield to the growing view that the individual as such should be allowed to b. Punishment of individuals concerned
institute an international claim against a foreign state for violation of his own personal rights. As it is c. Taking of measures to prevent a recurrence
now, it is already subject to the exception that the UN may file a diplomatic claim on behalf of its 3. Restitution – involves wiping out all the consequences of the breach & reestablishing the
officials, as affirmed in the case of Count Folke Bernadotte, who was assassinated while mediating situation which would probably have existed had the act not been committed.
the Palestine crisis. It is noteworthy that under the European Convention on Human Rights & also 4. Compensation – payment of money as a valuation of the wrong done.
contracting states other than the state of the injured individual may bring alleged infractions of the ¨ The compensation must correspond to the value which restitution in kind would
convention before the European Court of Human Rights. bear; the award of damages for loss sustained which would not be covered by
restitution in kind or payment in place of it.
ENFORCEMENT OF CLAIM
AVOIDANCE OF STATE RESPONSIBILITY
v An international claim for damages may be resolved through negotiation or, if this fails, any of the
other methods of settling disputes, like good offices, arbitration, & judicial settlement. There have AVOIDANCE OF STATE RESPONSIBILITY
been cases also where hostile & forcible measures have been employed & when war itself has been v The doctrine of state responsibility is applied more frequently to tortious rather than contractual
resorted to as a means of compelling compliance with the demands of the injured state. liability because of the unwillingness of most states to act as “collection agencies” for their nationals
v In the event that the responsibility of the state is established or acknowledged, the duty to make entering into private agreements with or in foreign countries. Nevertheless, to avoid the intervention
reparation will arise. Such reparation may take the form of restitution or, where this is not possible, of the alien’s state in contracts of this nature, the local state sometimes incorporates therein what is
satisfaction or compensation, or all 3 of these together. Thus, the settlement may consist of the known as the Calvo clause.
restoration or replacement of the object of the offense, a formal apology by the delinquent state &
payment of damages as well CALVO CLAUSE
v Calvo Clause – This is a stipulation by which the alien waives or restricts his right to appeal to his
REPARATION, RESTITUTION, SATISFACTION OR COMPENSATION own state in connection with any claim arising from the contract & agrees to limit himself to the
v Enforcement of Claim – An international claim for damages may be resolved through: remedies available under the law of the local state.
1. Negotiation v Sample Calvo Clause:
2. Good Offices Ø The contractor & all persons who, as employees or in any other capacity, may be engaged in
3. Arbitration the execution of the work under this contract either directly or indirectly, shall be considered as
4. Judicial Settlement Mexicans in all matters within the Republic of Mexico, concerning the execution of such work
5. War & the fulfillment of this contract. They shall not claim, nor shall they have, with regard to the
v Such reparation may take the form of: interests & the business connected with this contract, any other rights or means to enforce the
1. Restitution same than those granted by the laws of the Republic of Mexico, nor shall they enjoy any other
2. Satisfaction Or Compensation rights than those established in favor of Mexicans. They are consequently deprived of any
3. Restoration Or Replacement Of The Object Of The Offense rights as aliens, & under no conditions shall the intervention of foreign diplomatic agents be
4. Formal Apology By The Delinquent State permitted, in any matter related to his contract.
5. Payment Of Damages v In so far as it requires the alien to exhaust the remedies available in the local state, the Calvo clause
v Reliefs Available Where A State Is Liable For An Internationally Wrongful Act may be enforced as a lawful condition of the contract. However, it may not be interpreted to deprive
1. Declaratory Relief – declaration by a court that as to the illegality of an act constitutes a the alien’s state of the right to protect or vindicate his interests in case they are injured in another
measure of satisfaction or reparation in the broad sense. state as such waiver can legally be made not by him but by his own state.
¨ This is available when this is, or the parties deem this, the proper way to deal Ø US (North American Dredging Co.) v. Mexico:
with a dispute or when the object “is not to give satisfaction for the wrong § The commission holds that under the rules of international law, an alien may lawfully make
received.” such a promise (i.e. Calvo Clause), but at the same time holds that he cannot deprive the
government of his nation of its undoubted right of applying international remedies to

violations of international law committed to his damage. Such government frequently has EXTRADITION
a larger interest in maintaining the principles of international law than in recovering
damage for one of its citizens in a particular case, & manifestly such citizen cannot by DISTINGUISHED FROM DEPORTATION
contract tie in this respect the hands of his government. v Extradition
Ø Is the surrender of a person by one state to another state where he is wanted for prosecution
EXCLUSION OF ALIENS or, if already convicted, for punishment.
Ø This is not a criminal proceeding; petition for bail is valid in extradition cases
EXCLUSION OF ALIENS Ø The surrender by one nation to another of an individual accused or convicted of an offense
v Exclusion – denial of entry to an alien territorial jurisdiction of the other, which, being competent to try & to punish him, demands the
v The state may also avoid liability to aliens by refusing their admission, but this is not regarded as surrender.
sound policy since it would provoke retaliation in kind & ultimately isolate its nationals from the rest Ø It is not part of customary international law, although the duty to extradite exists only when
of the international community. obliged by treaty to do so.
v It would not be advisable either if the entry of aliens were allowed indiscriminately because they Ø The right of the state to successfully request the extradition of a criminal offender arises from
might pose a danger to the welfare & especially the security of the admitting country. a treaty with the requested state.
Ø Absent the treaty, the duty to surrender a person who has sought asylum within its boundaries
Harvey vs Santiago does not inhere in the state, which, if it so wishes, can extend to him a refuge & protection even
v The power to deport aliens is an act of State, an act done by or under the authority of the sovereign from the state that he has fled.
power. Ø The extradition treaty creates the reciprocal obligation to surrender persons from the requested
v It is a police measure against undesirable aliens whose continued presence in the country is found state's jurisdiction charged or convicted of certain crimes committed within the requesting
to be injurious to the public good & the domestic tranquility of the people. state's territory, & is of the same level as a law passed by the Legislatures of the respective
parties.
Exclusion Deportation v Deportation
The authorized removal of an alien by immigration Governed by Sections 37 to 39 of the PIA. Ø The removal of an alien out of the country, simply because his presence is deemed inconsistent
officers, performing primary inspection, or by the with the public welfare, & without any punishment being imposed or contemplated, either under
immigration boards of special inquiry, by the laws of the country out of which he is sent, or under those of the country to which he is
secondary inspection, of any foreigner arriving in taken.
the Philippines who, upon inspection & prior to
entry or admission, is barred by immigration laws, Extradition Deportation
rules & regulations from entering or being admitted It is effected at the request of the state of origin. Unilateral act of the local state.
to the Philippines. Based on the offenses generally committed in Based on the causes arising in the local state
When an alien is excluded he is immediately sent The power to deport aliens is an act of State, the state of origin.
back to the country where he came from on the an act done by or under the authority of the Calls for the return of the fugitive to the state of An undesirable alien may be deported to a state
same vessel which transported him, unless in the sovereign power. origin. other than his own or the state of origin.
opinion of the Commissioner of Immigration such
immediate return is not practicable or proper. BASIS OF EXTRADITION
When an alien is excluded, Section 25 of the PIA It is a police measure against undesirable v The extradition of a person is required only if there is a treaty between the state of refuge & the state
of 1940 authorizes the alien's detention until such aliens whose continued presence in the of origin.
time it is determined that he is qualified for entry country is found to be injurious to the public v In the absence of such treaty, the local state has every right to grant asylum to the fugitive & to
&/or admission. good & the domestic tranquility of the people. refuse to deliver him back to the latter state even if he is its national.

ELEMENTS OF EXTRADITION (from the case of Govt. of Hongkong SAR vs Munoz)

1. There must be an extradition treaty in force between the HKSAR & the Philippines;
2. The criminal charges that are pending in the HKSAR against the person to be extradited;

3. The crimes for which the person to be extradited is charged are extraditable within the terms PROCEDURE FOR EXTRADITION
of the treaty; v Short Version
4. The individual before the court is the same person charged in the HKSAR; 1. If the surrender of a fugitive is sought, a request for his extradition is presented through
5. The evidence submitted establishes probable cause to believe that the person to be extradited diplomatic channels to the state of refuge.
committed the offenses charged; & 2. Upon receipt of this request, the state of refuse will conduct a judicial investigation to
6. The offenses are criminal in both the HKSAR & the Philippines (double criminality rule). ascertain if the crime is covered by the extradition treaty & if there is a prima facie case
against the fugitive according to its own laws
RIGHTS OF A PERSON ARRESTED & DETAINED IN ANOTHER STATE 3. If there is, a warrant of surrender will be drawn, & the fugitive will be delivered to the state
1. Right to have his request complied with by the receiving State to so inform the consular post of origin.
of his condition v Long Version – Procedure For Extradition When A Foreign State Requests From The Philippines
2. Right to have his communication addressed to the consular post forwarded by the receiving 1. File/issue request through diplomatic representative with:
State accordingly a. Decision of conviction
3. Right to be informed by the competent authorities of the receiving without delay his rights as b. Criminal charge & warrant of arrest
mentioned above c. Recital of facts
d. Text of applicable law designating the offense
FUNDAMENTAL PRINCIPLES OF EXTRADITION e. Pertinent papers
v List of Principles 2. DFA forwards request to DOJ
1. Based on the consent of the State expressed in a treaty 3. DOJ files petition for extradition with RTC
2. Principle of Specialty – a fugitive who is extradited may be tried only for the crime 4. Upon receipt of a petition for extradition & its supporting documents, the judge must study
specified in the request for extradition & included in the list of offenses in the extradition them & make, as soon as possible, a prima facie finding whether
treaty a. they are sufficient in form & substance,
3. Any person may be extradited, whether he be a national of the requesting State, of the b. they show compliance with the Extradition Treaty & Law, &
State of refuge or of another State. He need not be a citizen of the requesting State c. the person sought is extraditable.
4. Political or religious offenders are generally not subject to extradition. ¨ At his discretion, the judge may require the submission of further documentation
• Attentant clause is a provision in an extradition treaty which states that the or may personally examine the affiants & witnesses of the petitioner. If, in spite
murder or assassination of the head of a state or any member of his family will of this study & examination, no prima facie finding is possible, the petition may
not be considered as a political offense & therefore extraditable. be dismissed at the discretion of the judge.
5. The offense must have been committed within the territory of the requesting State 5. On the other hand, if the presence of a prima facie case is determined, then the magistrate
or against its interest must immediately issue a warrant for the arrest of the extraditee, who is at the same time
6. Double Criminality Rule – The act for which the extradition is sought must be punishable summoned to answer the petition & to appear at scheduled summary hearings.
in both States 6. Hearing (provide counsel de officio if necessary);
v Principle of Specialty – a fugitive who is extradited may be tried only for the crime specified in the 7. Appeal to CA within ten days whose decision shall be final & executory;
request for extradition & included in the list of offenses in the extradition treaty 8. Decision forwarded to DFA through the DOJ;
v Attentat Clause – provision in an extradition treaty which states that the murder or assassination of 9. Individual placed at the disposal of the authorities of requesting State – costs & expenses
the head of a state or any member of his family will not be considered as a political offense & to be shouldered by requesting State.
therefore extraditable.
v Genocide – Countries have a duty to bring persons suspected of genocide & other international ABDUCTION OF FUGITIVE
crimes to justice in their own courts, to extradite them to a state willing to prosecute them or to v There have been instances when nationals of the state seeking the fugitive have abducted him in
transfer them to an international criminal tribunal with jurisdiction over these crimes. the state of refuge
v Rule of Double Criminality v Such acts are not allowed under international law as they constitute a violation of the territorial
Ø The extraditable offense must be criminal under the laws of both the requesting & the requested integrity of the state of refuge.
states. Ø Example:
Ø The requested state comes under no obligation to surrender the person if its laws do not regard § In the case of Adolf, Eichmann, who was kidnapped in Argentina by Israeli agents & taken
the conduct covered by the request for extradition as criminal to Israeli where he was subsequently executed for the murder of six million Jews in WW2.

v However, the abduction or arrest of the wanted individual is permissible had it been effected by or SITUATION
with the help of the nationals of the state of refuse itself. v initial stage of a dispute
Ø Example: Savakar Case v Where the disagreement has not yet ripened into a full-blown conflict or the issues have not yet
§ Where a prisoner en route to India escaped in a French port but was apprehended by a been sufficiently formulated & defined - It is the initial stage of a dispute
local policeman & delivered back to the British authorities. When France later demanded v A situation, by contrast, is a state of affairs which has not yet assumed the nature of conflict between
the prisoner’s return on the ground that a formal request for his extradition should have the parties but which may, though not necessarily, come to have that character.
been made, it was held that Great Britain was under no obligation to comply.
METHODS OF SETTLING DISPUTES

MODULE 11: SETTLING DISPUTES

v Disputes are required to be settled, conformably to one of the basic principles of the UN, by peaceful
SETTLEMENT OF INTERNATIONAL DISPUTES means in such manners that international peace & security, & justice, are not endangered.
v UN Charter, Art. 2: ”by peaceful means in such manner that international peace & security & justice
DEFINITION & CLASSIFICATION are not endangered.”
v Montevideo Convention: the primary interest of states is the conservation of peace. Differences of
DISPUTE any nature which arise between them should be settled by recognized pacific methods.
v Kelsen: exists when one state claims that another state should behave in a certain manner & that v Unlike municipal laws, international law has not yet been able to provide for an adequate machinery
claim is rejected by the latter for the peaceful settlement of disagreements among states by compulsory processes binding on the
v Malone: contest of some specificity, the resolution of which has some practical effect on the relations contending parties, such as are available from national administrative & judicial tribunals.
between the parties
v A disagreement on a point of law or fact, a conflict of legal views or of interests between two persons AMICABLE & NON HOSTILE METHODS
v A dispute can properly be considered as a disagreement on a matter at issue between two or more
States which has reached a stage at which the parties have formulated claims & counterclaims AMICABLE METHODS (all except for negotiation involves a third party)
sufficiently definite to be passed upon by a court or other body set up for the purpose of pacific 1. Negotiation
settlement. • Sarmiento: Essentially a process of bargaining between the parties in search of a
solution to their problem.
LEGAL DISPUTE • Cruz: First step taken in the settlement of an international dispute, is the discussion
v If it involves justiciable rights based on law or facts susceptible of adjudication by a judicial or arbitral undertaken by the parties themselves of their respective claim & counterclaims with
tribunal. a view to their just & orderly adjustment
v Example: conflict on the interpretation of a treaty or the ascertainment of the boundaries of adjacent
• The conversations may be brief or protected, depending on. The issues in contention
states
& perhaps also on considerations of national pride.
• Where the talks prosper & agreement is reached, it is usually formalized through the
POLITICAL DISPUTE
rectification of the injury caused to the claimant state
v If it cannot be decided by legal processes on the basis of the substantive rules on international law
2. Inquiry
because the differences of the parties spring from animosities in their mutual attitudes rather than
• Sarmiento: a method of elucidating the points of differences & agreements to both
from an antagonism of legal rights.
sides in the hope that it would facilitate the understanding of the issues of the
v Such would be the case if in one state, in the exercise of its sovereign rights, enacts immigration
disputes.
laws discrimination against nationals of another state over the latter’s protest.
• Cruz: Investigation of the points in question, on the theory that their elucidation will
v The solution to such a dispute lies not in the councils of the courts but in the corridors of diplomacy.
contribute to the solution of the differences between the parties.
• The UN is empowered to call the parties concerned to explain their position on a
INTERNATIONAL DISPUTE
dispute & may attempt to narrow their differences, reconcile their opposing views, &
v Actual disagreement between states regarding the conduct to be taken by one of them for the
if necessary, recommend a just & fair solution.
protection or vindication of the interests of the other

• As most disputes are caused by a misunderstanding of certain factual situations, Third party acts as facilitator. Third party, acts as facilitator, evaluator
their clarification by an impartial & conscientious body can limit of not entirely remove & intervener.
the areas of disagreement Result is an agreement between parties Result is a settlement agreement
• The findings of the party making the inquiry are not conclusive upon the disputing Agreement is enforceable by law. Agreement is executable as decree of
states, but they nevertheless may exert a strong moral influence in the settlement of civil court.
the dispute
• Basis - it rests on the theory that certain disputes could be settled if the facts of the 5. Conciliation
case were established. • method that combines the characteristics of both inquiry & mediation
• Object of Enquiry - to ascertain the facts underlying a dispute & thereby prepare • Calls for the active participation of a third party in an attempt of the disputants to
the way for a negotiated adjustment or settlement of the dispute settle their conflict (such as the ASEAN or NATO), or by a group of States, & the
3. Good offices recommendations made by it are likewise not binding.
• Referred to as “quiet diplomacy” since the process often involves entrusting the • the services of the conciliator are not offered by the third party but solicited by the
dispute to personalities with special qualifications on whom both parties agree. parties in dispute.
• This might involve, for example, heads of States, the Sec-Gen of the UN or their • Conciliation v. Enquiry
designees. ¨ In enquiry, the main object is to establish the facts.
• Method by which a third party attempts to bring the disputing states together in order ¨ In conciliation, the main object is not only to elucidate the facts but to bring the
to enable them to discuss the issues in contention & arrive at an agreement. parties to an agreement.
• Usually employed when the parties are no longer on speaking terms, that is, when 6. Arbitration
they have severed diplomatic relations or have actually commenced hostilities. • Sarmiento: a quasi-judicial method of settlement of disputes. In turning to arbitration,
4. Mediation a line is crossed between diplomatic methods of setting disputes & adjudication.
• Sarmiento: like good offices, mediation is an adjunct of negotiation, but with the • The contrast is sharpened by the fact that an arbitral award is a binding decision. In
mediator as an active participant, authorized, & even expected, to advance his own choosing, arbitration, the parties to a dispute invite another entity to resolve it for
proposals & to interpret, a well as to transmit, each party’s proposals to each other. them.
• Cruz: More active involvement than good offices. • However, arbitration allows the parties to constitute & to operate on their own court.
• Third party does not merely provide the opportunity for the antagonist to negotiate Consequently, it has the attraction for States in disputes that they can select
but also actively participate in their discussions in order to reconcile their conflicting individuals as arbitrators in whom they have confidence & thus can at least influence
claims & appease their feelings of resentment the procedure that will be employed to resolve their conflict.
• Suggestions of the mediator are merely persuasive, however, & may be rejected • Cruz: Solution of a dispute by an impartial third party, usually a tribunal created by
without offense by the parties to the dispute the parties themselves under a charter known as the compromis which will provide
• Mediation v. Good Offices for, among others, the composition of the body & the manner of the selection of its
¨ In good offices, once the parties have been brought together, the third party members, applied by it, & the issues of fact or law to be resolved.
tendering good offices has no further functions to perform. • Unlike conciliation, the proceedings are essentially judicial & the award is, by
¨ In mediation, on the other hand, the third party mediates & is the more active previous agreement, binding on the parties to the dispute
one, for he proposes solution, offers his advice & in general attempts to • Principle of Free Determination – this principle applies to the competence of the
conciliate differences. arbitral tribunal, the law to be applied & the procedure to be followed.
• Choice of Arbitrators – the arbitrators should be either freely selected by the parties
Mediation Conciliation or, at least, the parties should have been given the opportunity of a free choice of
Mediation is a process of resolving Conciliation is an alternate dispute arbitrators.
issues between parties wherein a third resolution method in which an expert is • States are under no legal obligation to arbitrate their disputes.
party assist them in arriving at an appointed to settle the dispute by • Compromis d’ Arbitrage – the agreement expressing the consent of the parties to
agreement. persuading parties to reach agreement. the dispute to submit to arbitration & outlining the constitution of the arbitral panel,
Confidentiality, that depends on trust. Confidentiality, whose extent is fixed by the rules of procedure, the issues to be decided & the binding nature of the arbitral
law. decision.

¨ It is the charter of the arbitral tribunal. reported to the Council. Parenthetically, it should be noted that the existence of these
¨ Contains the following: agencies will NOT prevent the Security Council from itself investigating & setting
a. the questions to be settled; these disputes.
b. the method of selecting arbitrators & their number;
c. venue; LIMITATIONS ON JURISDICTION OF ICJ
d. expenses; v Jurisdiction
e. the arbitral award; Ø Comprises all cases which the parties refer to it & all matters specially provided for in the UN
f. rules of procedure; & Charter or in treaties & conventions in force
g. the law to be applied. Ø The jurisdiction of the International Court of Justice is not general or obligatory; its competence
7. Judicial settlement to act is dependent on the consent of the parties involved.
• Sarmiento: Judicial settlement is a decision by a Court. In the UN system the ICJ is v Ways that a State may give consent to submit to the jurisdiction of the ICJ
an integral part of the UN & the Court with seat at the Hague, decides inter-States a. Consent Ante Hoc – through treaties whereby a State agreed to submit to the jurisdiction
disputes. States must agree to refer to the Court for decision. of the ICJ to all matters specially provided for in treaties & conventions in force of which
• Cruz: Judicial settlement of international disputes is now entrusted to the ICJ, which it is a party
superseded the Permanent Court of International Justice under the defunct League ¨ By accepting compulsory jurisdiction of the ICJ by a declaration under the
of Nations. Optional Jurisdiction Clause
• If any party to a case fails to perform the obligations incumbent upon it under a b. Consent Ad Hoc – by special agreement or unilateral application whereby the State
judgment rendered by the Court, the other party may have recourse to the Security Parties to a dispute jointly submit the case to the ICJ or where the applicant State has
Council which may, if it deems necessary, make recommendations or decide upon accepted the jurisdiction by a unilateral application followed by a separate act of consent
measure to give affect to the other means directly by the other party, such as by the other party
announcement of the fact of noncompliance & appeal to world opinion to persuade c. Consent Post Hoc – whereby the consent of the defendant State is given after the
the losing litigant to abide by the decision. initiation of the proceedings
• Judicial Tribunal v. Arbitration v Limitations On Jurisdiction Of The ICJ
¨ Similarities – nature of the proceedings & the binding character of the decision Ø Only States may be parties in contentious cases before the Court
but also in the fact that the disputes submitted for adjudication are legal rather Ø The consent of the States is needed for the court to acquire jurisdiction
than political v When the Court is competent to entertain a dispute between States
Ø The court is competent to entertain a dispute only if the States concerned have accepted its
jurisdiction in one or more of the following ways:
Judicial Tribunal Arbitration Tribunal
a. By the conclusion between them of a special agreement (compromise) to submit the
As to Nature
dispute to the ICJ
Generally, pre-existing & permanent Ad hoc body created & filed by the
b. By virtue of a jurisdictional clause, i.e., typically when they are parties to a treaty
body parties to the dispute themselves
containing a provision whereby in the event of a disagreement over its interpretation
As to Jurisdiction or application, one of them may refer the dispute to the ICJ
Compulsory Voluntary c. Through the reciprocal effect of declarations made by the under the ICJ Statute
As to Law Applied whereby each has accepted the jurisdiction of the ICJ as compulsory in the event of
Independent of the will of the parties Law applied may be limited to the a dispute with another State having made similar declarations
parties in arbitration proceedings Ø In case of doubt as to whether the ICJ has jurisdiction, it is the ICJ itself which decides.

8. Resort to regional & international organizations COMPROMISSARY CLAUSE

• May be resorted to by the parties on their own volition or taken by the body itself at v Clause containing consent manifested in a treaty which empowers the court to settle disputes arising
its own instance if allowed by agreement of the members. from interpretation or the application of such treaty
• Art. 52 of the UN Charter – regional arrangements or agencies may be established
to maintain international peace (thru regional action & to peacefully settle local
disputes before referring them to the Security Council. Their activities ought to be

OPTIONAL JURISDICTION CLAUSE (ARTICLE 36, STATUTE), APPLICABILITY • They are limited by the experience of humanity & the rules on good faith, applicable
v It provides: in the relations of state with state
1. State parties to the present Statute may at any time declare that they recognize as • They would be illegal if a previous act contrary to international law had not furnished
compulsory ipso facto & without special agreement, in relation to any other state accepting the reason for them
the same obligation, the jurisdiction of the Court in all legal disputes concerning: • They aim to impose on the offending state reparation for the offense of the return to
a. The interpretation of a treaty legality in avoidance of new offenses (Naulilaa Incident Arbitration)
b. Any question of international law • Case: Naulilaa Incident Arbitration
c. The existence of any fact which, if established would constitute a breach of an ¨ Facts: During World War I, a party of German officials & officers crossed into
international obligation the neutral Portuguese colony of Angola to discuss the purchase of food
d. The nature or extent of the reparation to be made for the breach of an supplies from the Portuguese. Due to a misunderstanding caused by language
international obligation difficulties, an altercation arose during the discussion as a result of which three
2. The declarations referred to above may be made unconditionally or on condition of of the Germans were killed & another one was interned by the Portuguese. The
reciprocity on the part of several or certain states, or for a certain time German authorities did not communicate with the Portuguese government but
in alleged reprisal German troops later attacked & destroyed certain forts &
HOSTILE METHODS posts in Angola.
v When pacific methods of settling disputes are unsuccessful, states sometimes find it expedient to ¨ Ruling: The death of the Germans at Naulilaa was not the consequence of acts
resort to what are known as the hostile or non-amicable methods. contrary to international law imputable to either German or Portuguese
v These methods are not only unfriendly but may even involve illegal & coercive acts & are usually authorities, either civil or military, but was purely fortuitous, being the result of
imposed upon weak countries by strong powers. misunderstanding & “of a certain impudence” on the part of the German
v Nevertheless, they are regarded as a mild alternative compared to war, in the sense that they may officials. Adding that there has been evident disproportion between the incident
avoid the necessity of creating a more serious state of hostilities which might not be justified by the of Naulilaa & the six acts of reprisals which followed it, the tribunal concluded
nature of the dispute. that the reprisals were unlawful in view of the lack of sufficient occasion, of
v Classifications previous demand & of admissible proportion between the alleged offense & the
1. Retorsion reprisals taken.
• Any action taken in “retaliation where the acts complained of do not constitute a legal • Common Forms of Reprisal
ground of offense but are rather in the nature of unfriendly acts but indirectly hurtful
¨ Display of force – example was when the US Mediterranean Fleet proceeded
to other states.” to & deployed along the coasts of Turkey in 1903 pending compliance with the
• The act of retaliation is also unfriendly but not illegal & may be in kind or of a different demand for the return of an American national kidnaped by a Turkish bandit
nature than the act that provoked it ¨ Embargo – the detention by the state seeking redress of the vessels of the
• Examples: offending state or its nationals, whether such vessels are found in the territory
¨ Severance of diplomatic or consular relations of the former or on the high seas
¨ Suspension of commercial intercourse Ø Example: Action taken by Holland against Venezuela in 1908
¨ Boycott ¨ Occupation of territory – example was when Italy seized the Greek island of
¨ Stoppage of travel of the other state Corfu in 1923 for the murder of certain Italian officers in Greece.
¨ Denunciation of treaties previously enjoyed ¨ Pacific blockade – by which the vessels of the offending state are prevented
¨ Recognition of a rival government from entering or leaving its ports by the ships of the state seeking redress
¨ Adverse propaganda Ø Example: Done by the Great Powers against Greece in 1886 to dissuade
2. Reprisal it from going to war against Turkey
• An act of self-help on the part of the injured state, responding after an unsatisfied 3. Intervention
demand to an act contrary to international law on the part of the offending state.
• They have in effect of suspending momentarily in the relations of the two states the
observance of this or that rule of international law

UNITED NATIONS Ø the GA shall consider the matter immediately with a view of making recommendations to
the members for collective measures, including in the case of breach of the peace or act of
SECURITY COUNCIL aggression, the use of armed forces when necessary, to maintain or restore international peace
v powers are limited except where international peace & security are endangered security.
v shall have jurisdiction to intervene in: v Was adopted by the GA in 1950 recognizing that there is always the possibility that failure of unity
a. All disputes affecting international peace & security among Big Five will render the SC impotent in the solution of international disputes. As previously
b. All disputes which, although comping under the “domestic jurisdiction clause,” have been observed, the veto cast by any of the permanent members will prevent agreement on this matter.
submitted to it by the parties for settlement.
v Such disputes may be brought to it by: PREVENTIVE & ENFORCEMENT ACTION
Ø The Security Council itself through its own motion v Drastic Measures
Ø The General Assembly Ø When the terms of the settlement are rejected by any of the parties, the SC is empowered to
Ø The Secretary-General take more drastic steps, to wit:
Ø Any member of the UN a. Preventive Action
Ø Any party of the dispute, provided that in case of nonmembers of the UN, they should accept Ø Measures not involving the use of armed force, such as complete or partial
in advance, for the purpose of the dispute, the obligations of pacific settlement under the interruption of economic relations & of rail, sea, air, postal, telegraphic,
Charter. radio & other means of communication, & severance of diplomatic
relations.
GENERAL ASSEMBLY b. Enforcement Action
v inhibited from discussing any dispute at the time under consideration by the Security Council but its Ø should the SC consider that preventive action would be inadequate, it may
rather large & politics-oriented membership generally prevents an objective & dispassionate solution then take such action by air, sea or land forces as may be necessary to
to an international conflict. maintain or restore international peace & security
Ø such action may include:
DISPUTES OVER WHICH THE SECURITY COUNCIL HAS JURISDICTION, PARTIES • demonstrations
v Task/Mandate of the Security Council • blockades
Ø In the first instance • other operations by air, sea or land forces of members of the UN
§ When the SC deems necessary, call on the parties to settle the dispute by any peaceful
means in their own choice (Art. 33, UN Charter)
Ø Second instance PERSONAL NOTES
§ When the parties are unable to adjust their differences by themselves through the
peaceful methods suggested, the SC may recommend appropriate measure or methods Retorsion – Must be proportional & not be coercive
of adjustment, taking into consideration: Jus ad bellum
a. Any amicable measures already adopted by the parties; & 1. Necessity
b. That legal disputes should as a rule be referred to the ICJ (Art. 37, UN Charter) 2. Proportional
Ø Third instance/Last Step 3. Exhaustive
§ Compulsory Settlement
§ If these measures also prove unavailing, then the SC may recommend such actual terms Remedy of Injured States – Peaceful resolution first, perhaps through General Assembly
of settlement it may consider appropriate.
§ This last step is in the nature of a compulsory settlement of the dispute which the parties v Civilians are different from non-combatants
are under obligation to abide in the interest of international peace & security. v Non-combatants can also be like those who used to be combatants but are injured

UNITING FOR PEACE RESOLUTION 1950

v If the Security Council, because of lack of unanimity of the permanent members, fails to exercise
its primary responsibility for the maintenance of peace security in any case where there appears
to be threat to the peace, breach of peace, or act of aggression,

WAR
MODULE 12:
v It is an armed contention between the public forces of states or other belligerent communities,
INTERNATIONAL HUMANITARIAN LAW (LAW OF WAR) implying the employment of violence among the parties as a means of enforcing their respective
demands upon each other.
DEFINITION, COMMENCEMENT & LAWS OF WAR v War may exist even without the use of force, as when one state formally refuses to be governed by
the laws of peace in its relations with another state even if actual hostilities have not taken place
between them.
International Humanitarian Law Human Rights Law
Applies in situations of armed conflict. Protects the individual at all times in war &
TWO INSTANCES THAT THE USE OF FORCE ALLOWED:
peace alike.
1. In the exercise of the inherent right of self-defense under conditions prescribed in Article 51
No derogations are permitted under IHL Some human rights treaties permit governments 2. In pursuance of the so-called enforcement action that may be decreed by the Security Council
because it was conceived for emergency to derogate from certain rights in situations of under Article 42.
situations, namely armed conflict. public emergency.
Aims to protect people who do not or are no Tailored primarily for peacetime, & applies to LAWS OF WAR
longer taking part in hostilities. The rules everyone. Their principal goal is to protect v Laws of war that are supposed to be observed in the conduct of armed hostilities:
embodied in IHL impose duties on all parties to individuals from arbitrary behavior by their own 1. The Declaration of Paris of 1856.
a conflict. governments. Human rights law does not deal 2. The Hague Conventions of 1899.
with the conduct of hostilities. 3. The Hague Conventions of 1907.
Humanitarian law obliges States to take practical States are bound by human rights law to accord 4. The Geneva Convention of 1925.
& legal measures, such as enacting penal national law with international obligations. 5. The Geneva Convention of 1929.
legislation & disseminating IHL. 6. The Declaration of London of 1936.
Provide for several specific mechanisms that Implementing mechanisms are complex &, 7. The Geneva Convention of 1949
help its implementation. contrary to IHL include regional systems. 8. The Nuclear Nonproliferation Treaty.
Supervisory bodies, e.g. the UNCHR, are either
Notably, States are required to ensure respect based on the UN Charter or provided for in CATEGORIES OF THE LAWS OF WAR
also by other States. Provision is also made for specific treaties. 1. Jus in bello – also known as the law of war. The provisions of international humanitarian law
inquiry procedure, a Protecting Power apply to the warring parties irrespective of the reasons for the conflict & whether or not the
mechanism, & the International Fact-Finding The UNCHR have developed a mechanism of cause upheld by either party is just. It regulates only those aspects of international law, which
Commission. In addition, the International special rapporteurs & working groups, whose are of humanitarian concern.
Committee of the Red Cross (ICRC ) is given a task is to monitor & report on human rights 2. Jus ad bellum or jus contra bellum – known as the law on the use of force or law on the
key role in ensuring respect for the humanitarian situations either by country or by topic. It’s role is prevention of war. The application of humanitarian law does not involve the denunciation of
rules. to enhance the effectiveness of the UN human guilty parties as that would be bound to arouse controversy & not paralyze implementation of
rights machinery & to build up national, regional the law, since each adversary would claim to be a victim of aggression. IHL is intended to
& international capacity to promote & protect protect war victims & their fundamental rights, no matter to which party they belong.
human rights & to disseminate human rights
texts & information. Human rights treaties also HOW THESE AGREEMENTS ARE ENFORCED
provide for the establishment of committees of v The commonly accepted sanctions are:
independent experts charged with monitoring a. protest by one belligerent, usually accompanied or followed lodged by one belligerent,
their implementation. Certain regional treaties usually accompanied or followed by an appeal to world opinion against the unlawful acts
(European & American) also establish human of warfare committed by the other belligerent;
rights courts. b. reparation for damages caused by the defeated belligerent;
c. punishment of war criminals.

v Reprisals are often mentioned as a fourth sanction, but it is doubtful if they can be justified at present v When A Person Considered A Hors De Combat
inasmuch as they are essentially unlawful acts taken by one belligerent against the also illegal acts 1. Is in the power of an adverse party
of the other. 2. Has clearly expressed an intention to surrender
3. Has been rendered unconscious or otherwise incapacitated by wounds or sickness
COMMENCEMENT OF WAR & therefore is incapable of defending himself (R.A. 9851)
v The Hague Conventions of 1907 provide that hostilities “must not commence without a previous Ø In these cases the person abstains from any hostile act & does not attempt to escape.
explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with v Protected Persons” In An Armed Conflict
conditional declaration. 1. A person wounded, sick or shipwrecked, whether civilian or military
v War is supposed to commence on the date specified in the declaration or on the date it is 2. A prisoner of war or any person deprived of liberty for reasons related to an armed
communicated to the enemy. conflict
v This formality is often not observed, as evidenced by the number of wars that have broken out 3. A civilian or any person not taking a direct part or having ceased to take part in the
without the previous explicit warning required. In such cases, the rule is that war is supposed to hostilities in the power of the adverse party
commence from the moment of the first act of force committed by one state with intent of making 4. A person who, before the beginning of hostilities, was considered a stateless person
war or committed without such intent but considered by the other state as constituting war. or refugee under the relevant international instrument accepted by the parties to the
conflict concerned or under the national legislation of the state of refuge or state of
WAR MAY START WITH: residence
1. A declaration of war. 5. A member of the medical personnel assigned exclusively to medical purposes or to
2. With the rejection of an ultimatum. the administration of medical units or to the operation of an administration of medical
3. With the commission of an act of force regarded by at least one of the belligerents as an act of transports; or
war. 6. A member of the religious personnel who is exclusively engaged in the work of their
ULTIMATUM ministry & attached to the armed forces of a party to the conflict, its medical units or
v A written communication by one State to another which formulates, finally & categorically, the medical transports or non-denominational, non-combatant military personnel
demands to be fulfilled if forcible measures are to be averted. carrying out functions similar to religious personnel.
Ø In such situations the Geneva Conventions & Additional Protocol I apply.
CATEGORIES OF ARMED CONFLICTS
INTERNAL OR NON-INTERNATIONAL ARMED CONFLICT
INTERNATIONAL ARMED CONFLICTS v Law Applying To Internal Disturbances & Other Situations Of Internal Violence
v Definitions Ø These are governed by the provisions of human rights law & such measures of domestic
Ø Under IHL legislation as may be invoked. IHL does not apply to situations of violence not amounting in
§ Article 2, Geneva Convention of 1949 – “All cases of declared war or any other armed intensity to an armed conflict
conflict which may arise between two or more of the Highest contracting parties, even if v When IHL Apply In Terms Of Non-International Armed Conflicts
the State of war is not recognized by one of them” Ø Humanitarian law is intended for the armed forces, whether regular or not, taking part in the
§ Article 3, Geneva convention of 1949 – It also applies to armed conflict between the conflict, & protects every individual or category of individuals not or no longer actively involved
government & a rebel or insurgent movement in the hostilities
Ø R.A. 9851 § Examples: wounded or sick fighters; people deprived of their freedom as a result of the
§ it is any use of force or armed violence between States or a protracted armed violence conflict; civilian population; medical & religious personnel.
between governmental authorities & organized groups or between such groups within a Ø Each Party to a conflict shall be bound to apply to the following provisions:
State provided that it gives rise or may give rise to a situation to which the Geneva 1. Persons taking no active part in the hostilities, including armed forces who have laid
Conventions of 12 August 1949 including their common Article 3, apply down their arms & those placed hors de combat be treated humanely, without any
v Instances That Are Not Covered By An Armed Conflict adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or
Ø It does not include internal disturbances or tensions such as: any other similar criteria. To this end, the following acts are & shall remain prohibited
1. Riots at any time & any place whatsoever with respect to the abovementioned persons:
2. Isolated & sporadic acts of violence a. Violence to life & person, in particular murder of all kinds, mutilation, cruel
3. Other acts of a similar nature treatment & torture

b. Taking of hostages OUTLAWRY OF WAR

c. Outrages against personal dignity, in particular humiliating & degrading
treatment CHARTER OF THE UNITED NATIONS
d. The passing of sentences & the carrying out of executions without v The Organization is determined to save succeeding generations from the scourge of war which twice
previous judgment pronounced by a regularly constituted court, affording in our lifetime has brought untold sorrow to mankind.
all the judicial guarantees which are recognized as indispensable by v All members are called upon to abstain from the use of force in the solution of international
civilized peoples. differences to see to it that even nonmembers comply with its declared principles so far as may be
2. The wounded & sick shall be collected & cared for. necessary for the maintenance of international peace security.
Ø An impartial humanitarian body, such as the international committee of Red Cross, may offer
its services to the parties to the conflict.
EFECTS OF OUTBREAK OF WAR
WAR OF NATIONAL LIBERATION
v These are armed conflicts in which people are fighting against colonial domination & alien THE OUTBREAK OF WAR PRODUCES THE FOLLOWING GENERAL EFFECTS:
occupation & against racist regimes in the exercise of their right to self-determination. [Article 1(4), 1. The laws of peace cease to regulate the relations of the belligerents are superseded by the
Protocol I] These are sometimes called insurgencies, rebellions or wars of independence laws of war. Third states are governed by the laws of neutrality in their dealings with the
v Basis: Protocol Additional to the Geneva Conventions of 12 August 1949 & relating to the Protection belligerent.
of Victims of International Armed Conflicts (Protocol I), 8 June 1977. 2. Diplomatic consular relations between the belligerents are terminated their respective
v Categories On The Wars For National Liberation representatives are allowed to return to their own countries.
Ø The wars of national liberation are restrictive in the sense that they only fall under the following • Principle of Internment – Nationals of the enemy state is quartered if they were not
situations. allowed to return to the mother state.
1. Colonial domination 3. Treaties of a political nature, such as treaties of alliance, are automatically canceled, but those
2. Alien occupation; & which are precisely intended to operate during war, such as one regulating the conduct of
3. Racist regimes when the ‘people’s oppressed by these regimes are fighting for hostilities between the parties, are activated. Multipartite treaties dealing with technical or
self-determination. administrative matters, like postal conventions, are deemed merely suspended as between the
belligerents.
INTERNATIONALIZED ARMED CONFLICTS 4. Individuals are impressed with enemy character:
v A non-international armed conflict occurring on the territory of a State may become international in i. NATIONALITY TEST, if they are nationals of the other belligerent,
case of intervention of armed forces belonging to, or under overall control of one or more third wherever they may be;
State(s). ii. DOMICILIARY TEST, if they are domiciled aliens in the territory of the
v If the authorities did not consent to the intervention and/or the intervention of the third State(s) is other belligerent, on the assumption that they contribute to its economic
made against the authorities of the State where the NIAC occurred, whether or not the third State(s) resources;
support(s) the rebels, the conflict is "internationalized", which means that it becomes an international iii. ACTIVITIES TEST, if, being foreigners, they nevertheless participate in
armed conflict. the hostilities in favor of the other belligerent.
• Corporations other juridical persons, on the other hand, are regarded as enemies if
MARTENS CLAUSE a majority or a substantial portion of their capital stock is in the hands of enemy
v The Martens Clause implements rules of IHL applicable in armed conflict that are so fundamental to nationals or if they have incorporated in the territory or under the laws of the other
the respect of the human person and elementary considerations of humanity. belligerent.
v It is an effective means of addressing the rapid evolution of military technology. It states that "the 5. Enemy public property found in the territory of the other belligerent at the outbreak of hostilities
inhabitants and the belligerents remain under the protection and the rule of the principles of the law is, with certain exceptions, subject to confiscation. Enemy private may be sequestered, subject
of nations, as they result from the usages established among civilized peoples from the laws of to return, reimbursement or other disposition after the war in accordance with the treaty of
humanity and the dictates of the public conscience'." peace.

COMBATANTS & NON COMBATANTS v Spies are subject to the municipal law of the other belligerent except that, as provided in The Hague
Conventions of 1907, “a spy take in the act cannot be punished without previous trial.”
COMBATANTS Ø Spies if captured are not accorded the rights of a POW unless they belong to the armed forces
v Are those who engage directly in the hostilities. of the enemy state.
v Only the combatants may lawfully wage war are thus subject to direct attack from the enemy. v Questions: Are mercenaries entitled to be treated as POW when captured by enemy state?
v The following are regarded as combatants: Ø Answer: No because they do not belong to the armed forces of the belligerent state but they
1. The members of the armed forces, whether pertaining to the army, the navy or the air conduct their activities for personal economic gain.
force, except those not actively engaged in combat, such as chaplains medical personnel.
2. The irregular forces, such as the francs tireurs or guerrillas, provided, that: CONDUCT OF HOSTILITIES
a. they are commanded by a person responsible for his subordinates;
b. they wear a fixed distinctive sign recognizable at a distance; BASIC PRINCIPLES UDNERLYING THE LAWS OF WAR
c. they carry arms openly; 1. Principle Of Military Necessity – under this principle, the belligerents may, subject to the
d. they conduct their operations in accordance with the laws customs of war. other two principles infra, employ any amount kind of force to compel the complete submission
3. The inhabitants of unoccupied territory who, on approach of the enemy, spontaneously of the enemy with the least possible loss of lives, time money.
take arms to resist the invading troops without having had time to organize themselves, 2. Principle Of Humanity – prohibits the use of any measure that is not absolutely necessary for
provided only that they carry arms openly observe the laws customs of war. This is often the purposes of the war, such as the poisoning of wells weapons, the employment of dumdum
referred to as a levee en masse. or expanding bullets asphyxiating gases, the destruction of works of art property devoted to
4. The officers crew of merchant vessels who forcibly resist attack. religious or humanitarian purposes, the bombarding of undefended places attack of hospital
ships.
NON-COMBATANTS 3. Principle Of Chivalry – is the basis of such rules as those that require the belligerents to give
v Are those that do not engage directly in the hostilities. proper warning before launching a bombardment. Ruses stratagems of war are allowed
v Should not be subjected to attack as they are not supposed to participate in the actual fighting. provided they do not involve the employment of treacherous methods, such as the illegal use
of Red Cross emblems to throw the enemy off guard prior to an attack.
LEVEE EN MASSE
v The term applied to the inhabitants of a territory which has not been occupied, who on the approach KINDS OF WARFARE
of the enemy spontaneously take up arms to resist the invading troops without having had time to
organize themselves into regular armed forces. KINDS OF WARFARE
1. Land Warfare
RIGHTS WHEN CAPTURED 2. Aerial Warfare
v When captured combatants are entitled to treatment as prisoners of war, which includes inter alia 3. Naval Warfare
the rights to be accorded the proper respect commensurate with their rank, to adequate food
clothing, to safe sanitary quarters, to medical assistance, to refuse to give military information or THEATRE OF WAR
render military service against their own state, to communicate with their families. v the place where the hostilities are actually conducted, as distinguished from the region of war.
v Non-combatants do not enjoy identical rights when captured but are nevertheless protected from
inhumane treatment under the Geneva Convention of 1949 relative to the treatment of civilian REGION OF WAR
persons in time of war. v which is the greater area where the belligerent may lawfully engage each other.

SPIES & MERCENARIES NEW CONFLICTS

v When a person is considered a spy 1. Anarchic conflicts – It is a situation where armed groups take advantage of the weakening or
Ø If, acting clandestinely or under false pretenses, he obtains, or seeks to obtain, information in breakdown of the State structures in an attempt to grab power.
the zone of operations of belligerent, with the intention of communicating it to the hostile party. 2. Those in which group identity becomes a focal point – These groups exclude the adversary
v Scouts, or soldiers in uniform who penetrate the zone of operations of a hostile army to obtain through “ethnic cleansing” which consists in forcibly displacing or even exterminating
information, are not spies , when captured, should be treated as prisoners of war.

populations. This strengthens group feeling to the detriment of the existing national identity, WHEN APPLIED
ruling out any possibility of coexistence with other groups. v Where the territory of one belligerent State is occupied by the enemy during war, the legitimate
government is ousted from authority. When the belligerent occupation ceases to be effective, the
BELLIGERENT OCCUPATION authority of the legitimate government is automatically restored, together with all its laws, by virtue
of the jus postliminium.
BELLIGERENT OCCUPATION
v Territory is deemed occupied when it is actually placed under the authority of the hostile army, but RIGHT TO POSTLIMINY OR POSTLIMINIUM
this occupation is limited only to the area where such authority has been established can be v That in which persons or things taken by the enemy are restored to the former state on coming
effectively exercised. actually into the power of the nation to which they belong. (Vattel)
v Belligerent occupation does not result in transfer or suspension of the sovereignty of the legitimate v Broader Concept: Imports the reinstatement of the authority of the displaced government once
government although it may at the moment be unable to exercise it. control of the enemy is lost over the territory affected.
v The belligerent occupant cannot perform such acts as declaring the independence of the occupied Ø Thus, upon the end of the belligerent occupation, the laws of the re-established government
territory or requiring its inhabitants to renounce their allegiance to the lawful government. are revived all acts taken by the belligerent occupation which it could not legally do under the
v The belligerent occupant may promulgate new laws, non-political as well as political, provided they laws of nation (as well as lawful acts of a political complexion) are invalidated.
do not contravene the generally accepted principles of international law. v Illustration:
v The political laws are automatically abrogated upon the end of the occupation but the non-political Ø X’s (Private Land) → confiscated by the Enemy Occupant →sold to Y
laws may continue even beyond the occupation unless they are expressly repealed or modified by § As to the property: X can recover the property after the occupation without having to pay
the legitimate government. Y the purchase price. The reason is that Y never acquired a valid title from the enemy
v The occupant is permitted to exact from the populace contributions over above the regular taxes occupant as the confirmation was illegal.
for the needs of the army of occupation or for the administration of the territory. It may also, for § As to taxes collected by the occupation government: Cannot again be demanded by the
valuable consideration, make requisitions of things or services (excluding military) for the needs of legitimate government upon its restoration, as it was within the lawful competence of the
the occupying forces. enemy to impose collect taxes while its occupation of the territory was effective.
§ As to the Non-Political acts performed during the occupation (Decree of Divorce;
CASES Judgment for Recovery for a Debt): Remain valid even after the occupation.
v Haw Pia vs China Banking Corporation § As to Acts of Political Character (Conviction of a Crime against the Occupying Forces):
Ø It is permitted for the belligerent occupant to introduce military currency, provided the purpose Automatically lose their validity upon the end of the occupation.
is not to debase the country’s economy.
Ø The Supreme Court upheld the validity of the payments made by the plaintiff in Japanese NON HOSTILE INTERCOURSE
military notes to settle a loan extended to her in Philippine currency before the outbreak of the
Pacific war. v Certain relations between belligerents which are not strictly hostile
v Banaag vs Singson Encarnacion 1. Flag of Truce – A white flag carried by an individual authorized by one belligerent to enter
Ø The occupying state shall be regarded only as administrator usufructuary of public buildings, into communications with the other.
real estate, forests, agricultural estates belonging to the hostile state situated in the occupied ¨ The Bearer/ Parlementaire – Entitled to inviolability as long as he does not
territory. take advantage of his privileged position to commit an act of treachery.
Ø Where a lease for five years granted by the Philippine Executive Commission in 1942 over ¨ The Other Belligerent – Not obliged to receive a flag of truce.
certain municipal fisheries was deemed automatically canceled upon the reestablishment of 2. Cartels – Agreements to regulate intercourse during war on such matters as postal
the Commonwealth government. telegraphic communication, the reception of flags of truce the exchanged prisoners of
war.
RIGHT OF POSTLIMINIUM 3. Passport – A written permission given by the belligerent government or its authorized
agent to the subjects of the enemy state to travel generally in the belligerent territory.
JUS POSTLIMINIUM 4. Safe-Conduct – A pass given to an enemy subject or to an enemy vessel allowing passage
v Imports the reinstatement of the authority of the displaced government once control of the enemy is between defined points.
lost over the territory affected. ¨ This is given either by the belligerent government or by the commander of the
area within which it is effective.

5. Safeguard – Protection granted by a commanding officer either to enemy persons or TERMINATION OF WAR
property within his command. v War may be terminated:
¨ When it is enforced by a detail of men, they must use extreme measures, if 1. By simple cessation of hostilities,
necessary to fulfill their trust are themselves exempt from attack or capture by a. Principle of Possidetis – the property or territory in the possession of the
the enemy. respective belligerents upon the termination of war is retained by them
6. License to Trade – A permission given by the competent authority to individuals to carry b. Principle of Status Quo Ante – calls for the complete restoration to their
on trade even though there is a state or war. former owners of the property or territory that may have changed hands during
7. General License – Grants to all the subjects of the enemy state or to all its own subjects the hostilities with the exception only of prize body
the right to trade in specified places or in specified articles. 2. By conclusion of a negotiated treaty of peace or
8. Special License – Grants to a certain person the right to trade in the manner specified in ¨ At times, belligerents may be unable to effect a decisive victory against each
his license other may decide finally to settle their disagreement
3. By the defeat of one of the belligerents followed by a dictated treaty of peace or
TERMINATION OF WAR annexation of the conquered country
¨ Surrenders either
SUSPENSION OF HOSTILITIES a. Conditionally – a treaty of peace is concluded embodying the
v Cease Fire – an unconditional stoppage of hostilities by order of an international body like the UN conditions specified in the surrender
Security Council for the purpose of employing peaceful means of settling the differences between b. Unconditionally – the victorious belligerent usually issues a
the belligerents. unilateral declaration announcing the end of the war, to be followed
v Truce – sometimes used interchangeably with armistice but is now generally regarded as a cease- with a peace treaty dictated by it specifying the rules on the
fire with conditions attached. settlement of the obligation of the vanquished state the disposition
v Capitulation – the surrender of military forces, places or districts in accordance with the rules of of its territories. It is not possible to always conclude a peace treaty
military honor. of this nature because the defeated belligerent may cease to have
v Armistice – the suspension of all hostilities within a certain area (local) or in the entire region of the any legal standing or existence
war (general) agreed upon by the belligerent governments, usually for the purpose of arranging the
terms of the peace. WAR IS SUPPOSED TO END
v Suspension of Arms – A temporary cessation of the hostilities by agreement of the local v It is supposed to end with the re-establishment of peace but the precise date is not easily fixed in
commanders for such purposes as the gathering of the wounded the burial of the dead view
v The different methods of terminating the state of hostilities.
Armistice Suspension of Arms
INTEREST OF NEUTRALS
The purpose is political The purpose is military
v It is certainly desirable that a formal proclamation or treaty of peace indicate the exact date of the
May be concluded only by the commanders May be agreed upon by the local
termination of war.
in chief of the belligerent governments commanders
Usually in writing May be oral
AFTERMATH OF WAR

CONSEQUENCES OF WAR
PRINCIPLE OF UTI POSSIDETIS V. STATUS QUO ANTE
1. Implied judgement, right or wrong, that the vanquished belligerent is the guilty party in the
v Uti Possiditis – Imports the control of a belligerent over the territory of its enemy which it acquired
dispute that caused the hostilities
during the war.
a. The treaty of peace imposed by the victor upon the defeated state is regarded as the
v Status Quo Ante Bellum – Imports the restoration of the condition of both belligerent states before
punishment is sustained on that ground although marked by the vice of duress that
the war.
normally would invalidate other agreements.
b. The sentence thus rendered, with the active if reluctant acquiescence of the
vanquishes state, will impute to it responsibility for the war compel it to acknowledge
the obligation to pay reparations for injuries losses suffered by the victorious state

2. Nationals of the vanquished state may be protected punished as war criminals for other § It has been ruled that it is evident that the conduct of military operations by troops whose
violations of international law. excess are unrestrained by the orders or efforts of their commander would almost certainly
a. In these actions, they may not escape responsibility on the ground that they were result in violations which it is the purpose of the law of war to prevent.
merely acting on orders of their state. The state itself is liable for issuing such orders § Its purpose to protect civilian population prisoners of war from brutality would largely be
the individuals for obeying them provided a moral choice was possible. defeated if the commander of an invading army could with impunity neglect to take
reasonable measures for their protection.
PRINCIPLES OF THE NUREMBERG CHARTER & JUDGMENT
I. Any person who commits an act which constitutes a crime under international law is responsible CRIMES PUNISHABLE UNDER INTERNATIONAL LAW
therefor liable for punishment 1. Crimes against peace.
II. The fact that internal law does not impose a penalty for an act which constitutes a crime under a. planning, preparation, initiation or waging of a war of aggression or a war in violation
international law acted as a Head of State or responsible Government Official does not relieve of international treaties, agreements or assurances;
the person who committed the act from responsibility under international law. b. Participation in a common plan or conspiracy for the accomplishment of any of the
III. The fact that a person acted pursuant to orders of his Government or of a superior does not acts mentioned under (i).
relieve him from responsibility under international law, provided a moral choice was in fact 2. War Crimes (e.g. ill-treatment of POWs, plunder of private or public property)
possible to him. 3. Crimes against humanity (e.g. persecution on political, racial or religious grounds)
IV. Any person charged with a crime under international law has the right to a fair trial on the facts
law. v Complicity in the commission of a crime against peace, a war crime, or a crime against humanity is
V. The crime hereinafter set out are punishable as crimes under international law a crime under International law.
a. Crimes against Peace v Question: A, B, C, former Filipino generals are having their vacation in Bosnia when it was invaded
i. Planning, preparation, initiation or waging of a war of aggression or a war by Germany. They assisted the armed forces of Bosnia by providing combat strategies. In return
in violation of international treaties, agreements or assurances they are paid good amount of money. There were captured by German troops. Are the entitled to
ii. Participation in a common plan or conspiracy for the accomplishment of the rights of POW?
any of the acts mentioned under i. Ø Answer: No! They are not member of the armed forces of Bosnia but are mercenaries. They
b. War Crimes are not nationals of Bosnia nor domiciliary to the same.
i. Violations of the law or customs of war which include but are not limited to
murder, ill treatment or deportation to salve labor or for any other purpose
of civilian population of or in occupied territory, murder or ill-treatment of
MODULE 13:
prisoners of war, of persons on the seas, killing hostages, plunder of public
or private property, wanton destruction of cities, towns or villages or NEUTRALITY
devastation not justified by military necessity.
c. Crimes Against Humanity DISTINGUISH NEUTRALITY & NEUTRALIZATION
i. Murder, extermination, enslavement, deportation other inhuman acts
done against any civilian population or persecution on political, racial or
Neutrality Neutralization
religious grounds when such acts are done or in connection with any crime
Dependent solely on the attitude of the It is the result of a treaty wherein the
against peace or any war crime.
neutral state, which is free to join in any duration other conditions of
d. Complicity in the Commission of a Crime of Peace, a war crime or a crime against
belligerent any time it sees fit neutralization are agreed upon by the
humanity as set forth in Principle VI is a crime under international law.
neutralized state other powers
v Case: Yamashita v. Styer
Ø The commanding general was convicted of war atrocities by a military commission sentenced Neutrality is governed by the general law The agreement governs the conduct of
to death by hanging. He questioned his trial conviction on the ground that the military of nations the signatures
commission had no authority or jurisdiction to try him but the sentence was affirmed by the Neutrality obtains only during war It is intended to operate in time
Philippine Supreme Court the US Supreme Court: Only states may become neutral Portion of states, like islands, rivers,
canals may be neutralized

Neutral State Neutralized State USE OF NEUTRAL TERRITORIES, FACILITIES, & SERVICES
Duration v General Rule: War activities by or on behalf of any of the belligerents may not be undertaken in the
Temporary Permanent territory of the neutral state without infringement of its neutrality. Neutral territory is inviolable.
v Exceptions:
Source
1. Passage of sick wounded troops is allowed through a neutral state provided personnel
Discretion of the state Treaty
materials of war are not also carried;
Obligation 2. Persons bound for enlistment in the belligerent armies may cross the neutral frontiers if
No obligation to maintain neutrality Has an obligation to remain neutral they do so individually or separately not as a body;
3. The neutral state itself may give refuge to troops from the belligerent forces but must
RULES OF NEUTRALITY intern them as far as possible, at a distance from the theater of war;
4. Escaped prisoners of war need not be detained by the neutral state but must be assigned
MUTUAL RIGHTS & DUTIES OF NEUTRAL & BELLIGERENT STATES a place of residence if they are allowed to remain;
v Relations Of Belligerent States & Neutral States: 5. Warships belonging to belligerents may enter neutral ports, harbors roadsteads only in
1. A neutral state has the right duty to abstain from taking part in the hostilities from giving cases of unseaworthiness, lack of fuel or provisions, or stress of weather. The vessel must
assistance to either belligerent; leave as soon as it has been re-provisioned; it can take only so much fuel or supplies as
2. to prevent its territory other resources from being used in the conduct of hostilities by the it will need until it reaches the nearest of its own parts.
belligerents; 6. Repairs should be permitted so long as they are not intended to increase the fighting force
3. to acquiesce in certain restriction limitations that the belligerents may find necessary to of the vessel.
impose, especially in connection with international commerce; ¨ Neutral states are free to allow their nationals to deal, in their private capacity,
4. The belligerents, on the other hand, are bound to respect the status of the neutral state, with any of the belligerents.
avoiding any act that will directly or indirectly involve it in their conflict, to submit to any ¨ International law considers the relationship [in the absence of special rules
lawful measures it may take to maintain or protect its neutrality. imposing upon the neutral state the duty of intervening in the transaction] as
strictly between the individual the belligerent states whatever hardships may
REQUISITES OF VALID BLOCKADE be suffered by its nationals as a result thereof must, as a rule, be acquiesced
v Blockade – a hostile operation by means of which the vessels aircraft of one belligerent prevent all in the neutral state.
other vessels, including those of neutral states, from entering or leaving the ports or coasts of the
other belligerent, the purpose being to shut off the place from international commerce PRIZE
communication with other states. v These vessels may be captured as prize if
v To be valid, a blockade must be: 1. they are liable engaged in hostile activities;
1. Binding, i.e., duly communicated to the neutral states; 2. if they resist visit search; or
2. Effective, meaning that it is maintained by adequate force so as to make ingress to or 3. if there is reasonable suspicion that they are liable to confiscation.
egress from the port dangerous; v Prize is not confiscated summarily but must be brought to a prize court for adjudication.
3. Established by the proper authorities of the belligerent government, generally the head of v Prize Court – a domestic tribunal of a belligerent state that determines the legality of the capture by
state; a belligerent of enemy or neutral merchant vessels and of their liability to confiscation although its
4. Limited only to the territory of the enemy not extended to neutral places or international authority & jurisdiction is derived from national law, the rules it applies are rules of international law
rivers; except insofar as special national legislation might have prescribed a particular interpretation of
5. Impartially applied to all states alike. these rules
v The liability of a neutral vessel to capture for breach of blockade is contingent on its knowledge,
actual or presumptive, of the blockade continues as long as it is pursued by the ships of the VISIT & SEARCH, RULES LAID DOWN BY THE DECLARATION OF PARIS OF 1856 REGARDING
blockading force after it has left or tried to enter the blockaded port. TREATMENT OF SEA-BORNE GOODS IN TIME OF WAR
v A vessel found guilty of breach of blockade is liable to condemnation, so is the cargo unless it is v Treatment Of Sea-Borne Goods In Time Of War [Declaration Of Paris Of 1856]
proved that at the time it was shipped the owner neither knew nor could have known of the intention 1. Enemy goods under a neutral flag are not subject to capture, except contraband of war.
to violate the blockade. 2. Neutral goods under an enemy flag are not subject to capture, except contraband of war.

v Belligerent warships and aircraft have the right to intercept and inspect/ visit and search neutral v According to the Declaration of London, as generally accepted, a neutral vessel is liable to
merchant vessels on the high seas for the purpose of determining if they are in any way connected condemnation for unneutral service:
with the hostilities to determine whether they are in any way connected with the hostilities 1. if it is making a voyage special with a view to the transport of individual passengers who
are embodied in the armed forces of the enemy or with a view to the transmission of
DEFINITION & CLASSIFICATIONS OF CONTRABAND information in the interest of the enemy;
v Contraband – the term applied to goods which, although neutral property, may be seized by a 2. If with the knowledge of the owner, or the one who charters the entire vessel, or of the
belligerent because they are useful for war are bound for a hostile destination. master, it is transporting a military detachment of the enemy or one or more persons who,
Ø Contraband are subject to condemnation during the voyage, lend direct assistance to the operations of the enemy. The cargo, if
v Classification belonging to the owner of the vessels, is likewise confiscable.
Ø Absolute Contraband – consists of articles of war (arms, munitions) destined for belligerent v A neutral vessel is also liable to condemnation to be treated as a merchant vessel of the
territory. enemy:
Ø Conditional/Relative Contraband – consists of materials useful both in war in peace (food, 1. If it takes a direct part of the hostilities;
clothing) is destined for the military authorities of the belligerent territory. Under the Doctrine 2. If it is under the orders or control of an agent placed on board by the enemy government;
Of Usus Anticipitis, articles of ambiguous use may sometimes be regarded as contraband if 3. It is chartered entirely by the enemy government; or
used for war purposes. 4. If it is at the time exclusively either devoted to the transport of enemy troops or the
Ø Free List – includes goods useful for war bound for the belligerents but exempted from the transmission of information in the interest of the enemy.
law on contraband for humanitarian reasons (medicines, medical supplies).
RIGHT OF ANGARY, REQUISITES
DOCTRINE OF ULTIMATE CONSUMPTION v Angary – By the right of angary, a belligerent may, upon payment of just compensation, seize, use
v goods intended for civilian use which may ultimately find their way to be consumed by the belligerent or destroy, in case of urgent necessity for purposes of offense or defense, neutral property found in
forces are also liable to seizure on the way. its territory, in enemy territory, or on the high seas.
v As will be noted, the exercise of the right is conditioned upon three requisites, to wit:
DOCTRINE OF INFECTION 1. That the property is in the territory under the control or jurisdiction of the belligerent;
v any goods of the owner of contraband, carried on the same ship as the contraband may be seized 2. That there is urgent necessity for the taking;
or otherwise treated in the same manner as the contraband itself. 3. That just compensation is paid to the owner.
v As for the disposition of the vessel carrying the contraband, some states consider it confiscable if v While some authorities are of the opinion that the same purpose can be achieved through the
the contraband are more than ½ of the total cargo by weight, value, freight or volume. exercise of the right of eminent domain, it is claimed that expropriation cannot be exercised over
property that is only temporarily usually over the owner‘s objection, under the control of the
DOCTRINE OF ULTIMATE DESTINATION belligerent. Moreover, the expropriated property is never taken for the purpose of destroying it.
v Under the Doctrine of Ultimate Destination, the liability of contraband to capture is determined not
by their ostensible but by their real destination. TERMINATION OF NEUTRALITY

DOCTRINE OF CONTINUOUS VOYAGE / TRANSPORT TERMINATION OF NEUTRALITY

v Doctrine of Continuous Voyage – The doctrine specifically refers to the stoppage seizure of goods 1. when the neutral state itself joins the war;
carried by neutral vessels either out of or heading toward a neutral port. 2. Upon the conclusion of peace.
v Doctrine of Continuous Transport – The doctrine specifically refers to when the goods are v In the first case, the hitherto neutral state will be governed by the laws of war in its relations with the
reloaded on another vessel or other form of transportation. other belligerents by the laws of neutrality in its relations with all other states; in the second, all
states will again be governed by the laws of peace.
INSTANCES WHEN A VESSEL IS LIABLE TO CONDEMNATION FOR UNNEUTRAL SERVICE
v Unneutral Service – consists of acts, of a more hostile character than carriage of contraband or
breach of blockade, which are undertaken by merchant vessels of a neutral state in aid of any of the
belligerents.

NON-DEROGABLE RIGHTS
MODULE 14:
1. Right to life;
INTERNATIONAL HUMAN RIGHTS LAW 2. Freedom from torture & other inhuman or degrading treatment or punishment;
3. Freedom from slavery;
INTERNATIONAL HUMAN RIGHTS LAW 4. Freedom from imprisonment merely for inability to fulfil a contractual obligation;
5. Freedom from post facto legislation & other judicial guarantees;
6. Right to recognition before the law; &
HUMAN RIGHTS
7. Freedom .of thought, conscience & religion.
v Those rights which are inalienable & fundamental which are essential for life as human beings.
These are rights against the State, not private persons.
CUSTOMARY HUMAN RIGHTS LAWS
1. Prohibition Of Torture
GENERATIONS OF HUMAN RIGHTS
1. First generation: civil & political rights • Torture is any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him or a third
2. Second generation: economic, social & cultural rights
person information or a confession, punishing him for an act he or a third person has
3. Third generation: Right to development, right to peace & right to environment
committed or is suspected of having committed, or intimidating or coercing him or a
CLASSIFICATION OF HUMAN RIGHTS third person, or for any reason based on discrimination of any kind, when such pain
1. Individual rights or suffering is inflicted by or at the instigation of or with the consent or acquiescence
2. Collective rights (right to self-determination; the permanent sovereignty over natural resources) of a public official or other person acting in an official capacity (Convention Against
Torture, art. 1).
2. Prohibition Of Genocide
INTERNATIONAL BILL OF RIGHTS:
1. Universal Declaration of Human Rights (UDHR); • Genocide includes any of the following acts committed with intent to destroy, in whole
2. International Covenant on Civil & Political Rights (ICCPR) or in part, a national, ethnical, racial or religious group, such as:
3. International Covenant on Economic, Social, & Cultural Rights (ICESCR); & a. Killing members of the group;
4. The two Optional Protocols to the ICCPR b. Causing serious bodily or mental harm to members of the group;
c. Deliberately inflicting on the group conditions of life calculated to bring
PERSPECTIVE ON HUMAN RIGHTS about its physical destruction in whole or in part;
1. Natural Justice – people are born with certain inalienable rights that cannot be taken away by d. Imposing measures intended to prevent births within the group;
the State because they are lied to one’s personhood e. Forcibly transferring children of the group to another group.
2. Legal Positivism – human rights are made by humans as a reflection of social norms that are 3. Prohibition Of Slavery
then codified & advanced by the State • Slavery is the status or condition of a person over whom any or all of the powers
3. Universalisms – human rights reflect all the various culture the world; & attaching to the right of ownership are exercised.
4. Cultural relativism – human rights is a product of the cultural value held by some groups of 4. Prohibition Of Discrimination
people to the exclusion of others
UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)
DEROGATIONS FROM THE PROTECTION OF RIGHTS ALLOWED UNDER THE INTERNATIONAL
HUMAN RIGHTS CONVENTIONS & AGREEMENTS UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)
v The requirements are: v The UDHR is a "common standard of achievement for .all peoples & all nations, to the end that
1. There must be a public emergency which threatens the life of the nation; every individual & every organ of society shall strive by teaching & education to promote & respect
2. Such public emergency must be officially proclaimed; their universal & effective recognition & observance." It is not a treaty but it serves as the foundation
3. Derogation is allowed only to the extent strictly required by the exigencies of the situation; for other treaties such as the ICESCR & ICCPR which cover the most important human rights.
4. The measures taken· should not be inconsistent with their other obligations under
International Law; &; UDHR IS NOT BINDING
5. The measures may not involve discrimination solely on the ground of race, color, sex, v Many of the rights enshrined in the UDHR have subsequently been reflected in other human rights
language, religion or social origin. instruments & treaties that have been ratified by Member States, thus, much of the UDHR is now

codified into binding human rights obligations. Nonetheless, there is a growing recognition that the LIMITATIONS IN THE EXERCISE OF RIGHTS & FREEDOMS UNDER THE UDHR
rights in the UDHR contain minimum standards that are applicable to all countries. v In the exercise of his rights & freedoms, everyone shall be subject only to such limitations as are
determined by law solely for the purpose of securing due recognition & respect for the rights &
PHILOSOPHY ON WHICH IT IS BASED freedoms of others & of meeting the just requirements of morality, public order & the general welfare
v That "all humans are born free & equal in dignity & rights. They are endowed with reason & in a democratic society
conscience & should act towards one another in a spirit of brotherhood." v These rights & freedoms may in no case be exercised contrary to the purposes & principles of the
UN
FUNDAMENTAL RIGHST & FREEDOMS UNDER THE UDHR
1. Articles 1-21: Civil & Political Rights INTERNATIONAL COVENANT ON CIVIL & POLITICAL RIGHTS (ICCPR)
a. Life, liberty & security of person
b. Freedom from slavery or servitude ICCPR
c. Freedom from torture or to cruel, inhumane or degrading treatment or punishment v It is a multilateral treaty for the protection of the first generation human. rights. The Covenant
d. Recognition everywhere as a person before the law guarantees the following rights:
e. Equal protection of the law 1. Right to life, liberty & property, & equality
f. Effective remedy by the competent national tribunals 2. Freedom from torture, ill-treatment & poor prison conditions
g. Freedom from arbitrary arrest, detention or exile 3. Freedom of Movement - travel within & outside one's country; change one's residence
h. Fair & public hearing by an independent & impartial tribunal 4. Legal Personality, privacy & the family
i. Presumption of innocence until provided guilty 5. Thought, conscience, religion, expression & political freedoms
j. Freedom from arbitrary interference with his privacy, family, home or 6. Freedom to form associations & unions
correspondence 7. Protection of minorities
k. Freedom of movement & residence within the borders of each state & the right to 8. Self-determination of peoples
leave any country, including his own, & to return to his country
l. Seek & to enjoy in other countries asylum from persecution SELF-DETERMINATION OF PEOPLES
m. Nationality v All peoples have the right of self-determination. By virtue of that right they freely determine their
n. Marry & to found a family political status & freely pursue their economic, social & cultural development (ICCPR, Art. 1(1)).
o. Own property alone as well as in association with others
p. Freedom of thought, conscience & religion TWO IMPORTANT RIGHTS COVERED BY THE RIGHT OF SELF-DETERMINATION
q. Freedom of opinion & expression 1. To freely determine their political status & freely pursue their economic, social & cultural
r. Freedom of peaceful assembly & association development (ICCPR, Art. 1(1)); &
s. Take part in the government of his country, directly or through freely chosen 2. For their own ends, to freely dispose of their natural wealth & resources without prejudice to
representatives; right of equal access to public services in his country any obligations arising out of international economic cooperation, based upon the principle of
2. Articles 22-28: Economic, Social, & Cultural Rights mutual benefit, & international law. In no case may a people be deprived of its own means of
a. Social security subsistence (ICCPR, Art. 1(2)).
b. Work, free choice of employment, just & favorable conditions of work, protection
against unemployment, equal pay for equal work, just & favorable remuneration, & NON-DEROGABLE RIGHTS UNDER ICCPR:
the right to form & join trade unions for the protection of his interests v Rights which are not subject to limitation or suspension even in emergency situations (Art. 4(2)):
c. Rest & leisure 1. Right to life (Art. 6):
d. Standard of living adequate for the health & well-being of himself & of his family 2. Prohibition on genocide (Art. 6);
e. Education 3. Freedom from torture & other cruel, degrading, inhuman treatment of punishment (Art.7);
f. Freely participate in the cultural life of the community, to enjoy the arts & to share in 4. Freedom from enslavement or servitude (Art. 8);
scientific advancement & its benefits 5. Protection from imprisonment for debt (Art. 11);
6. Freedom from retroactive penal laws/ ex post facto laws (Art. 15);
7. Recognition as a person before the law (Art. 16);
8. Freedom of thought, conscience, & religion (Art. 18).

RIGHT OF DEROGATION UNDER ICCPR OPTIONAL PROTOCOLS TO ICCPR

v The right of derogation allows State Parties to the ICCPR in time of public emergency which 1. First Optional Protocol
threatens the life of the nation & the existence of which is officially proclaimed to take measures • enables the HRC to receive & consider communications from individuals claiming to
derogating form their obligations under the Covenant to the extent strictly required by the exigencies be victims of violations of any nights set forth in the ICCPR; &
of the situation 2. Second Optional Protocol
• aimed at the abolition of the death penalty
REQUIREMENTS FOR DEROGATION OF RIGHTS WHICH MAY BE DEROGATED UNDER THE
ICCPR INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, & CULTURAL RIGHTS (ICESCR)
1. Public emergency which threatens the life of the nation;
2. Official proclamation of such public emergency;
ICESCR
3. Derogation only to the Extent strictly required by the exigencies of the situation;
v It is a multilateral treaty for the protection of the second generation human rights
4. Measures taken should not be Inconsistent with their other obligations under International Law;
v These are reflected in the Philippine Constitution in the Articles pertaining to Social Justice; Family;
5. Measures may not involve Discrimination;
Education, Science & Technology, Arts, Culture, & Sports.
6. The State Party shall immediately inform the other State Parties to the Covenant, through the
SECOND GENERATION RIGHTS
intermediary of the Secretary-General, as to:
v The ICESCR was adopted at the same time as the ICCPR, but not in the same document because
a. The provisions from which it has derogated;
states could not reach a consensus over the rights contained in the ICESCR
b. Reasons by which it was actuated; &
c. Date on which it terminates such derogation.
SUBSTANTIVE RIGHTS UNDER THE ICESCR
7. No derogation from Articles 6. 7, 8 (par. 1 & 2), 11, 15, 16 & 18 shall be allowed
1. Work (Art. 6)
2. Enjoy just & favorable work conditions (Art. 7)
HUMAN RIGHTS COMMITTEE (HRC) 3. Form trade unions & join the trade union of his choice (Art. 8)
v The HRC is the monitoring mechanism of the ICCPR. 4. Social security, including social insurance (Art. 9)
v It is composed of 18 members who are nationals of parties, mostly judges or professors of law
5. Widest possible protection & assistance to the family (Art. 10); .
elected by secret ballot of the parties to serve in a personal capacity for a 4-year renewable term. 6. Adequate standard of living, including food, clothing, housing, & continuous improvement of
v It operates through the following ways: living conditions (Art. 11);
1. Reports 7. Enjoyment of. highest attainable standard of physical & mental health (Art. 12)
¨ A state must submit a report to the HRC on how it is implementing the ICCPR. 8. Education, including primary education: compulsory, available & free to all (Art. 13); &
This is done within 1 year of becoming a party to the Covenant & every 5 years 9. Take part, in cultural life, enjoy the benefits of scientific progress & its applications, & benefit
thereafter. from the protection of moral & material interests resulting from his authorship (Art. 15).
¨ Ad hoc reports can also be requested. The HRC may accept information from
NGOs. The representatives of each state are questioned about their reports at LIMITATION IN THE EXERCISE OF RIGHTS & FREEDOMS
a public hearing & the HRC would issue observations on each report. v The state may subject such rights only to such limitations as are determined by law only in so far as
¨ If a State fails to submit a report, the HRC still consider the matter & give its this may be compatible with the nature of these rights & solely for the purpose of promoting the
views general welfare in a democratic society
2. General Comments
¨ The HIRC is empowered to issue General, Comments on implementation of the
ICCPR; &
3. Individual Complaints
¨ The First Optional Protocol of the ICCPR enables the HRC to consider a petition
from an individual who is subject to the jurisdiction of a party to the Protocol &
who claims that he is a victim of a violation by that party of the ICCPR.
¨ The petitioner must have first exhausted all available domestic remedies,
provided those remedies have not been unreasonably prolonged. The state has
6 months to respond

MODULE 15: As to Period

Applicable at all times Applicable only in times of armed conflict
INTERNATIONAL HUMANITARIAN LAW (IHL) & As to Subjects
INTERNATIONAL CRIMINAL LAW (ICL) Primarily concerns states in their dealings Covers the conduct of state & non-state
with individuals actors
INTERNATIONAL HUMANITARIAN LAW V. INTERNATIONAL CRIMINAL LAW As to Enforceable Rights/ Duties
Political, economic, & cultural rights Limits the suffering of those not actively
INTERNATIONAL HUMANITARIAN LAW (IHL) participating in the armed conflict; &
v It governs armed conflicts to the end that the use of violence is limited & that human suffering is
mitigated or reduced by regulating or limiting the means of military operations & by protecting Limits the means & methods of warfare
persons who do not or no longer participate in hostilities.
v It is also known as the law of armed conflict or the law of war. INTERNATIONAL CRIMINAL LAW

BRANCHES OF IHL INTERNATIONAL CRIMINAL LAW

1. Law of Geneva – designed to safeguard military personnel who are no longer taking part in v It describes those aspects of international law that are concerned with crimes having an international
the fighting & people not actively. aspect or dimension
2. Law of the Hague – establishes the rights & obligations of belligerents in the conduct of military
operations, & limits the means of harming the enemy. GENERAL PRINCIPLES
1. Nullum crimen sine lege – A person shall not be criminally responsible under this Statute
CORE OBLIGATIONS OF STATES IN IHL unless the conduct in question constitutes, at the time it takes place, a crime within the
1. To engage in limited methods & means of warfare; jurisdiction of the Court.
2. To differentiate between civilian population & combatants, & work to spare civilian population • The definition of a crime shall be strictly construed & shall not be extended by
& property; analogy. In case of ambiguity, the definition shall be interpreted in favor of the person
3. To abstain from harming or killing an adversary who surrenders or who can no longer take part being investigated, prosecuted or convicted.
in the fighting; & 2. Nulla poena sine culpa – no person shall be punished for an act or conduct where there is no
4. To abstain from physically or mentally torturing or performing cruel punishments on law punishing it as a crime at the time it was committed
adversaries. 3. Ne bis in idem (not twice for the same) – it is equivalent to the constitutional prohibition against
double jeopardy in municipal law. As applied in international law:
SOURCES OF IHL a. No person shall be tried (before the ICC) with respect to conduct which formed
1. The Four Geneva Conventions of 1949. as basis for acquittal or conviction (by the ICC)
2. The Three Additional Protocols to the Geneva Conventions of 1977. b. No person shall be tried by another court for which he has been convicted or
3. The Hague Conventions. acquitted (by the ICC)
4. Customary IHL. c. No person who has been tried by another court shall be tried (by the ICC) with
respect to the same conduct unless the proceedings
International Human Rights Law International Humanitarian Law i. Were for the purpose of shielding the person involved from criminal
As to Origin responsibility, &
Modern (20th century) Ancient (people have always sought to ii. Were not conducted independently or impartially in accordance with
govern the conduct of warfare) norms of due process recognized by international law
As to Structure 4. Actus non facit reum, nisi mens sit rea (the act is not culpable unless the mind is also guilty)
Provides only minimum standards, & state Non-derogable code of conduct – embodies the fundamental principle that in every crime there is an actus reus, or the physical
sovereignty is recognized & states are act that constitutes the crime, & the mens rea, or the mental element of varying standards that
given leeway in enforcing human rights us held by the perpetrator

5. Doctrine of Cumulative Convictions – convictions for the different crimes charged in the k. Other acts of similar character intentionally causing great suffering,
indictment based on the same conduct are permissible if each crime involved has materially or serious injury to body or mental or physical health (Rome Statute,
distinct element not contained in the other Art. 7).
6. Male captus, bene detentus (badly captured, well detained) – doctrine that permits trial of ¨ The Rome Statute governing the International Criminal Court does not require
improperly arrested indivudal a connection with armed conflict & it includes other acts, such as:
7. Aut dedere aut judicare (extradite or prosecute) – the state ought to do one of two things: a. Sexual slavery;
a. It should either punish the guilty person as he deserves, or b. Forced pregnancy;
b. It should entrust him to the discretion of the party making the appeal (rendition) c. Enforced prostitution:
d. Enforced sterilization;
INTERNATIONAL CRIMES e. Enforced disappearance of persons; &
v This refers to those crimes that are of concern to every state because of their corrosive effect on f. Crime of Apartheid
international society or their particularly appalling nature 5. War Crimes – it refers to those that occur when individuals who are engaged in armed
1. Piracy – Any legal act of evidence or detention committed on the high seas for private conflict violate the treaty or customary law that applies in armed conflict. Civilians can also
ends by a private ship against another ship (Id. at 269). Pirates are in law hostes humani commit them when their illegal actions are facilitated by, or closely related to, the armed
generis or common enemies of mankind conflict
2. Slavery – It is the exercise of any or all of the powers attaching to the right of ownership 6. Crime of Aggression (Crimes Against Peace) – it means, the planning. preparation,
over a person & includes the exercise of such power in the., course of trafficking in initiation or execution, by a person in a position effectively to exercise control over or to
persons, in particular women & children direct the political or military action of a State, of an act of aggression which, by. its
3. Genocide – Any of the following acts committed with intent to destroy, in whole or in part, character, gravity & scale, constitutes a manifest violation of the Charter of the UN (Rome
a national ethnical, racial or religious group, such as: Statute, Art. 8 (1)).
a. Killing of members of the group; ¨ Act of aggression means the use of armed force by a State against the
b. Causing serious bodily or mental harm to members of the group; sovereignty, territorial integrity or political Independence of another State, or in
c. Deliberately inflicting on the group conditions of life calculated to bring about its any other manner inconsistent with the Charter of the United Nation (Rome
physical destruction in whole or in part; Statute Art. 8 (2)).
d. Imposing measures intended to prevent births within the group; or
e. Forcibly transferring children of the group to another group (Convention on the VENUES FOR PROSECUTION OF INTERNATIONAL CRIMES
Prevention & Punishment of the Crime of Genocide, Art. 2). 1. National courts – provided that the particular state adds the crime to its criminal code; or’
4. Crimes Against Humanity – Acts committed as part of widespread or systematic attack 2. International or hybrid criminal tribunals – provided that it has been created with jurisdiction
directed against any civilian population, with knowledge of the attack: over the particular crime
a. Murder;
b. Extermination; THE DEVELOPMENT OF INTERNATIONAL CRIMINAL LAW
c. Enslavement;
d. Deportation or forcible transfer of population; THE NUREMBERG & TOKYO TRIBUNALS
e. Imprisonment or other deprivation of physical liberty in violation of v The Nürnberg trials was series of trials held in Nürnberg, Germany, in 1945–46, in which former
fundamental rules of international law. Nazi leaders were indicted & tried as war criminals by the International Military Tribunal.
f. Torture; Ø The indictment lodged against them contained four counts:
g. Rape, sexual slavery, enforced prostitution, forced pregnancy, 1. crimes against peace (i.e., the planning, initiating, & waging of wars of aggression in
enforced sterilization, or any other form of sexual violence of violation of international treaties & agreements),
comparable gravity; 2. crimes against humanity (i.e., exterminations, deportations, & genocide),
h. Persecution; 3. war crimes (i.e., violations of the laws of war), &
i. Enforced disappearance of persons; 4. “a common plan or conspiracy to commit” the criminal acts listed in the first three
j. Apartheid; & counts.
Ø The authority of the International Military Tribunal to conduct these trials stemmed from the
London Agreement of August 8, 1945. On that date, representatives from the United States,

Great Britain, the Soviet Union, & the provisional government of France signed an agreement Ø The main defensive argument was the alleged crimes had yet to be established as international
that included a charter for an international military tribunal to conduct trials of major Axis war law & Japan's actions were in self-defense.
criminals whose offenses had no particular geographic location. Later 19 other nations Ø On September 9, 1947, 15 months & over 1,500 pages of opinion later, judgements were ready
accepted the provisions of this agreement. to be read. Many judges released opinions outside of the court with a common theme—the
Ø The tribunal was given the authority to find any individual guilty of the commission of war crimes absence of Japan's Emperor, Hirohito.
(counts 1–3 listed above) & to declare any group or organization to be criminal in character. If Ø In a contrast to the trials at Nuremberg, in which photographs & videos of Nazi atrocities were
an organization was found to be criminal, the prosecution could bring individuals to trial for put on public display, the Tokyo Trial was characterized by limited discussions of details. Also
having been members, & the criminal nature of the group or organization could no longer be unlike Nuremberg, the Tokyo Trial did not receive near as much attention from the American
questioned. A defendant was entitled to receive a copy of the indictment, to offer any relevant press or citizenry. Reduced & restricted media coverage inadvertently led to questions
explanation to the charges brought against him, & to be represented by counsel & confront & surrounding the extent of Japanese war crimes during World War II that affected the overall
cross-examine the witnesses. understanding of events that occurred in the Pacific theater of the war.
Ø The Tribunal tried 24 of the most important military & political leaders of the Third Reich &
heard evidence against 21 of the defendants. THE AD HOC CRIMINAL TRIBUNALS
Ø During the trial, the Tribunal—& the world—learned about the Nazi Party & its "planning, v International Criminal Tribunal for the Former Yugoslavia (ICTY)
initiating & waging of aggressive war" from the beginning. Ø The International Criminal Tribunal for the former Yugoslavia (ICTY) was a UN court of law that
Ø Footage of Nazi concentration camps taken by Allied military photographers during liberation dealt with war crimes that took place during the conflicts in the Balkans in the 1990s.
was shown to the court. The graphic scenes of what had taken place in Europe were the most Ø It was established by Resolution 827 of the UN Security Council, which was passed on 25 May
powerful evidence presented at the trial. 1993.
Ø In rendering these decisions, the tribunal rejected the major defenses offered by the Ø It had jurisdiction over four clusters of crimes committed on the territory of the former
defendants. Yugoslavia since 1991:
§ First, it rejected the contention that only a state, & not individuals, could be found guilty of 1. grave breaches of the Geneva Conventions,
war crimes; the tribunal held that crimes of international law are committed by men & that 2. violations of the laws or customs of war,
only by punishing individuals who commit such crimes can the provisions of international 3. violations of the laws against genocide, &
law be enforced. 4. crimes against humanity.
§ Second, it rejected the argument that the trial & adjudication were ex post facto. The Ø In 2004, the ICTY published a list of five accomplishments "in justice & law":
tribunal responded that such acts had been regarded as criminal prior to World War II. 1. “Spearheading the shift from impunity to accountability" – pointing out that, until very
v The Tokyo Trials (also known as the International Military Tribunal for the Far East), on recently, it was the only court judging crimes committed as part of the Yugoslav
January 19, 1946, MacArthur ordered the creation of the International Military Tribunal for the Far conflict, since prosecutors in the former Yugoslavia were, as a rule, reluctant to
East (IMTFE) & approved the Charter, with protocols closely imitating the Nuremberg Trials. On prosecute such crimes
April 25, 1946, the original Rules of Procedure of the International Military Tribunal for the Far East 2. "Establishing the facts" – highlighting the extensive evidence-gathering & lengthy
with amendments were announced. findings of fact that Tribunal judgments produced
Ø On May 3, 1946, the prosecution opened its case charging the defendants with crimes against 3. "Bringing justice to thousands of victims & giving them a voice" – pointing out the
peace, conventional war crimes, & crimes against humanity. Like Nuremberg, the Allies large number of witnesses that had been brought before the Tribunal
established three categories: 4. "The accomplishments in international law" – describing the fleshing out of several
§ Class A: Charges against Japan's top leaders alleging crimes against peace. international criminal law concepts which had not been ruled on since the Nuremberg
§ Class B & C: Charges at Japanese of any rank covered conventional war crimes & crimes Trials
against humanity. 5. "Strengthening the Rule of Law" – referring to the Tribunal's role in promoting the
Ø Unlike the Nuremberg trials, the charge of crimes against peace was a prerequisite to use of international standards in war crimes prosecutions by former Yugoslav
prosecution—only those individuals whose crimes included crimes against peace could be republics.
prosecuted by the Tribunal. In this event, no Class C charges were heard in Tokyo. v International Criminal Tribunal for Rwanda (ICTR)
Ø The prosecution had to prove three things: that war crimes were systematic or widespread; the Ø The International Criminal Tribunal for Rwanda (ICTR) is the first international court of law
accused knew that troops were committing atrocities; & the accused had power or authority to established to prosecute high-ranking individuals for massive human rights violations in Africa.
stop the crimes. Ø The UN Security Council established the International Criminal Tribunal for Rwanda to
"prosecute persons responsible for genocide & other serious violations of international

humanitarian law committed in the territory of Rwanda & neighboring States, between 1 v Principle VII – Complicity in the commission of a crime against peace, a war crime, or a crime
January 1994 & 31 December 1994". against humanity as set forth in Principle VI is a crime under international law.
Ø The Rwandan genocide refers to the mass slaughter of more than 800,000 ethnic Tutsi &
politically moderate Hutu by government-directed gangs of Hutu extremist soldiers & police in THE INTERNATIONAL CRIMINAL COURT (ICC)
Rwanda. The duration of the 1994 genocide is usually described as 100 days, beginning on v International Criminal Court (ICC)
April 6 & ending in mid-July. Ø The first permanent, treaty-based, international criminal court established to promote the rule
Ø The ICTR is the first ever international tribunal to deliver verdicts in relation to genocide, & the of law & ensure that the gravest international crimes do not go unpunished.
first to interpret the definition of genocide set forth in the 1948 Geneva Convention. Ø It shall be a permanent institution & shall have the power to exercise its jurisdiction over
Ø It also is the first international tribunal to define rape in international criminal law & to recognize persons for the most serious crimes of international concern, as referred to in the Rome Statute,
rape as a means of perpetrating genocide. & shall be complementary to national criminal jurisdictions. (Rome Statute, Art. 1)
Ø Another landmark was reached in the "Media case", where the ICTR became the first v ICC’s International Legal Personality
international tribunal to hold members of the media responsible for broadcasts intended to Ø Aside from having international legal personality, it shall also have such legal capacity as may
inflame the public to commit acts of genocide. be necessary for the exercise of its functions & the fulfillment of its purposes. (Rome Statute,
Art. 4)
THE NÜRNBERG PRINCIPLES v Organs of the Court [Article 34, Rome Statute]
v Principle I – Any person who commits an act which constitutes a crime under international law is Ø The Presidency
responsible therefor & liable to punishment. Ø An Appeals Division, A Trial Division and a Pre-trial Division
v Principle II – The fact that internal law does not impose a penalty for an act which constitutes a Ø The Office of the Prosecutor
crime under international law does not relieve the person who committed the act from responsibility Ø The Registry
under international law. v Judges of ICC
v Principle III – The fact that a person who committed an act which constitutes a crime under Ø 18 judges, but may be increased by the Presidency. [Article 36, Rome Statute].
international law acted as Head of State or responsible Government official does not relieve him v Seat of the Court [Article 3, Rome Statute]
from responsibility under international law. Ø The seat of the court shall be established at The Hague in Netherlands [the host state]
v Principle IV – The fact that a person acted pursuant to order of his Government or of a superior Ø The court shall enter into a headquarters agreement with the host State, to be approved by the
does not relieve him from responsibility under international law, provided a moral choice was in fact Assembly of the States Parties and thereafter concluded by the president of the Court on its
possible to him. behalf.
v Principle V – Any person charged with a crime under international law has the right to a fair trial on Ø The Court may sit elsewhere, whenever it considers it desirable.
the facts & law. v Jurisdictional Rules Applicable to the ICC
v Principle VI – The crimes hereinafter set out are punishable as crimes under international law: 1. Jurisdiction ratione materiae (subject matter) – The jurisdiction of the Court shall be
a) Crimes against peace: limited to the most serious crimes of concern to the international community as a whole.
i. Planning, preparation, initiation or waging of a war of aggression or a war in ¨ The Court has jurisdiction in accordance with this Statute with respect to the
violation of international treaties, agreements or assurances; following crimes: Genocide; Crimes against humanity; War crimes; Crime of
ii. Participation in a common plan or conspiracy for the accomplishment of any aggression. (Art. 5)
of the acts mentioned under (i). 2. Jurisdiction ratione loci (place of the commission of the crime) – Once a State
b) War crimes – Violations of the laws or customs of war include, but are not limited to, becomes a party to the Statute, it accepts the Court's jurisdiction with respect to crimes
murder, ill-treatment or deportation to slave-labor or for any other purpose of civilian under the Rome Statute.
population of or in occupied territory, murder or ill-treatment of prisoners of war, of persons ¨ However, for the Court to exercise its jurisdiction, the "territorial State" (the
on the seas, killing of hostages, plunder of public or private property, wanton destruction State on whose territory the situation which is being investigated has taken or
of cities, towns, or villages, or devastation not justified by military necessity. is taking place), or the "nationality State" (the State whose nationality is
c) Crimes against humanity – Murder, extermination, enslavement, deportation & other possessed by the person who is being investigated) must be a party to the
inhuman acts done against any civilian population, or persecutions on political, racial or Rome Statute. (Art. 12)
religious grounds, when such acts are done or such persecutions are carried on in 3. Jurisdiction ratione personae (over the person of the accused) – The Court shall
execution of or in connection with any crime against peace or any war crime. have jurisdiction over the person of an accused only if the crime was committed in the

territory of a State that is a party to the Rome Statute or if the accused is a national of a Ø However, if the accused, being present before the Court, continues to disrupt the trial, the Trial
State that is party to the Rome Statute. (Art. 12) Chamber may remove the accused & shall make provision for him or her to observe the trial &
¨ However, the Court shall have no jurisdiction over any person who was under instruct counsel from outside the courtroom, through the use of communications technology, if
the age of 18 at the time of the alleged commission of a crime. (Art. 26) required. Such measures shall be taken only in exceptional circumstances after other
¨ The Statute shall apply equally to all persons without any distinction based on reasonable alternatives have proved inadequate, & only for such duration as is strictly required.
official capacity. v Presumption of Innocence
¨ In particular, official capacity as a Head of State or Government, a member of Ø Article 66 of the Rome Statute affirms the rule on presumption of innocence until proved guilty
a Government or parliament, an elected representative or a government official before the Court in accordance with the applicable law. The onus (burden) is on the Prosecutor
shall in no case exempt a person from criminal responsibility under this Statute, to prove the guilt of the accused & in order to convict the accused, the Court must be convinced
nor shall it, in & of itself, constitute a ground for reduction of sentence. (Art. 27) of the guilt of the accused beyond reasonable doubt.
4. Jurisdiction ratione temporis (time of commission of the crime) – A person shall not v Penalties
be criminally responsible under the Rome Statute unless the conduct in question Ø Article 77 of the Rome Statute only allows the imposition of the following penalties on a person
constitutes, at the time it takes place, a crime within the jurisdiction of the Court. (Art. 22) convicted of a crime under the Rome Statute:
The Court has jurisdiction only with respect to crimes committed after the entry into force a) Imprisonment for a specified number of years, which may not exceed a maximum of
of the Rome Statute, i.e., on July 1, 2002. (Art. 11) 30 years; or
b) Life imprisonment when justified by the extreme gravity of the crime & the individual
International Criminal Court International Court of Justice circumstances of the convicted person.
As to What Created It Ø In addition to imprisonment, the Court may impose a fine & order the forfeiture of proceeds,
property & assets derived directly or indirectly from that crime, without prejudice to the rights
Rome Statute UN Charter
of bona fide third parties.
As to Subject Matter Jurisdiction
Ø Where served
Limited to the most serious crimes of concern Covers legal disputes which the States refer to § Article 103 of the Rome Statute provides that a sentence of imprisonment shall be served
to the international community as a whole it, i.e. disputes on treaty interpretation in a State designated by the Court from a list of States which have volunteered to enforce
the sentence in their territory.
Has criminal jurisdiction to prosecute Gives advisory opinion on any legal questions § If no State is designated by the Court or if no State is willing to enforce the sentence, the
individuals as may be requested by the General sentence of imprisonment shall be served in a prison facility made available by the host
Assembly or Security Council State
As to Jurisdiction Over Persons or Parties v Victim Participation in Proceedings
Has the power to exercise jurisdictions over Consent by the states is needed in order to Ø Victims have won the right in the Rome Statute of the International Criminal Court to make
persons & is complementary to national acquire jurisdiction representations to the Pre-Trial Chamber (Art. 15), to make submissions directly as well as
jurisdictions through counsel (Art. 19), & to make applications for reparation & to appeal the same (Art. 82).
As to Parties
Individuals States THE HYBRID TRIBUNALS
As to Independence v Special Court for Sierra Leone
The ICC is independent of the UN The ICJ is the principal judicial organ of the UN Ø The Special Court for Sierra Leone, or the "Special Court" (SCSL) was a judicial body set up
by the government of Sierra Leone & the UN to "prosecute persons who bear the greatest
responsibility for serious violations of international humanitarian law & Sierra Leonean law"
v The Court will only investigate & prosecute if a State is unwilling or unable to genuinely prosecute.
committed in Sierra Leone after 30 November 1996 & during the Sierra Leone Civil War.
This will be determined by the judges.
Ø Following its dissolution in 2013, it was replaced by the Residual Special Court for Sierra Leone
v Unjustified delays in proceedings as well as proceedings which are merely intended to shield
in order to complete its mandate
persons from criminal responsibility will not render a case inadmissible before the ICC. (Rome
Ø Origins
Statute, Art. 17)
§ On 12 June 2000, Sierra Leone's President Ahmad Tejan Kabbah wrote a letter to UN
v Trial in absentia
Secretary-General Kofi Annan asking the international community to try those responsible
Ø Generally, not allowed as the Rome Statute applies the principle of presence.
for crimes during the conflict.
Ø Article 63 of the Statute states that the accused shall be present.

§ On 10 August 2000, the UN Security Council adopted Resolution 1315 requesting the • providing guidance on non-judicial aspects of Special Court operations; overseeing
Secretary-General to start negotiations with the Sierra Leonean government to create a the Special Court’s annual budget & other financially related reports, & advising the
Special Court. secretary-general on these;
§ On 16 January 2002, the UN & the government of Sierra Leone signed an agreement • assisting the secretary-general on ensuring adequate funding for the court;
establishing the court. A contract was awarded to Sierra Construction Systems, the largest encouraging cooperation by states;
construction company in Sierra Leone, to construct the building that would house the • & reporting regularly to interested states.
court. The first staff members arrived in Freetown in July 2002. v Extraordinary Chambers in the Courts of Cambodia
§ On 10 March 2004, the new courthouse building of the Special Court for Sierra Leone was Ø The Extraordinary Chambers in the Courts of Cambodia was a court established to try the
officially opened, before an audience of national & international dignitaries. senior leaders & the most responsible members of the Khmer Rouge for alleged violations of
Ø Jurisdiction international law & serious crimes perpetrated during the Cambodian genocide.
§ The SCSL had the jurisdiction to try any persons who committed crimes against humanity Ø Although it was a national court, it was established as part of an agreement between the Royal
against civilians that included: murder; extermination; enslavement; deportation; Government of Cambodia & the UN, & its members included both local & foreign judges.
imprisonment; torture; rape, sexual slavery, forced prostitution or any other form of sexual Ø It was considered a hybrid court, as the ECCC was created by the government in conjunction
violence; persecution on the basis of politics, race, ethnicity or religion; & other "inhumane with the UN, but remained independent of them, with trials being held in Cambodia using
acts." In addition, the court would have jurisdiction to prosecute those who violated the Cambodian & international staff. The Cambodian court invited international participation in
Geneva Convention of 1949, as well as Sierra Leone's Prevention of Cruelty to Children order to apply international standards.
Act, 1926 for the abuse of girls & Malicious Damage Act 1861. Ø The remit of the Extraordinary Chambers extended to serious violations of Cambodian penal
§ However, the court does not have jurisdiction over those under the age of 15. Further, it law, international humanitarian law & custom, & violation of international conventions
was superior to any court of Sierra Leone & could take precedence in cases of possible recognized by Cambodia, committed during the period between 17 April 1975 & 6 January
conflicting jurisdiction. Previous amnesties contrary to the remit of the court would be 1979.
invalid. § This includes crimes against humanity, war crimes & genocide.
Ø Punishment § The chief purpose of the tribunal as identified by the Extraordinary Chambers was to
§ All sentences should be carried out within Sierra Leone, unless there was no capacity to provide justice to the Cambodian people who were victims of the Khmer Rouge regime's
deal with the accused, at which point any states pursuant to the International Criminal policies between April 1975 & January 1979.
Tribunal for Rwanda or the International Criminal Tribunal for the former Yugoslavia who § However, rehabilitative victim support & media outreach for the purpose of national
have acceded a willingness to host the accused for the tenure of their sentence can hold education were also outlined as primary goals of the commission.
the prisoner. Enforcement would be carried out by the court. Ø Origin
§ Commuting sentences would be up to the state in consultation with the court. § In 1997, Cambodia's two Co-Prime Ministers wrote a letter to the Secretary-General of
Ø The Special Court lacks U.N. Chapter VII powers that obligate governments to cooperate with the UN requesting assistance to set up trial proceedings against the senior leaders of the
the court. This makes the Special Court, unlike the ICTR or the ICTY, dependent on the timely Khmer Rouge. After lengthy negotiations, an agreement between the Royal Government
cooperation & compliance of member states with its requests & orders in all areas, including of Cambodia & the UN was reached & signed on 6 June 2003. The agreement was
the production of witness testimony or other evidence, the service of warrants, & the search, endorsed by the UN General Assembly.
arrest, & surrender of suspects to the Special Court. Human Rights Watch has previously Ø Judicial Chambers
urged the UN to grant the Special Court Chapter VII powers. § Under the agreement between Cambodia & the UN, the tribunal is to be composed of both
Ø In another difference from the ad hoc tribunals, the agreement establishing the Special Court local & international judges.
provides for the court to have a Management Committee. § Both the Pre-Trial Chamber & the Trial Chamber are composed of three Cambodian &
§ The Management Committee’s mandate is to “assist the Secretary-General in obtaining two international judges, while a Supreme Court Chamber is made up of four Cambodian
adequate funding, & provide advice & policy direction on all non-judicial aspects of the judges & three international judges.
operation of the Court, including questions of efficiency, & to perform other functions as § All international judges have been appointed by the Supreme Council of the Magistracy
agreed by interested States.” of Cambodia from a list of nominees submitted by the Secretary-General of the UN. There
§ Its terms of reference provide that the committee is responsible for a number of important are also Reserve judges who may be called upon to serve.
functions, including:
• identification of nominees for the positions of registrar, prosecutor, & judges
appointed by the secretary-general;

Ø Jurisdiction & Applicable Law § Its jurisdiction could be extended beyond that event to other attacks in Lebanon between
§ The Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia 1 October 2004 & 12 December 2005, if there was sufficient evidence showing they were
for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea connected & of a similar nature & gravity to the 14 February attack.
establishes the crimes over which the Court has jurisdiction. § Human Rights Watch had argued that the tribunal should have been given jurisdiction
§ Presently it has jurisdiction over certain crimes that violate the 1956 Penal Code of over 14 other attacks perpetrated in Lebanon since 1 October 2004.
Cambodia, crimes under the Convention on the Prevention & Punishment of the Crime of § The Tribunal is the first of the UN-based international criminal court to try a terrorist crime
Genocide, general crimes against humanity, crimes under the Geneva Conventions (war committed against a specific person.
crimes), crimes under the Hague Convention for the Protection of Cultural Property in the
Event of Armed Conflict, & crimes under the Vienna Convention on Diplomatic Relations. THE ROME STATUTE OF THE ICC
§ If found guilty, criminals may be sentenced to prison or have their property confiscated.
The Court, as with all other tribunals established by the UN, does not have the power to CRIMES UNDER THE ROME STATUTE
impose the death penalty. Thus far, five people have been indicted by the Court for v Crimes within the Jurisdiction of the ICC (Rome Statute, Art. 5)
genocide, crimes against humanity &/or war crimes. To date, three have been convicted Ø It is limited to the most serious crimes of concern to the international community as a whole
& all sentenced to life imprisonment. 1. The crime of genocide
v Special Tribunal for Lebanon 2. Crimes against humanity
Ø The Special Tribunal for Lebanon (STL), also referred to as the Lebanon Tribunal or the Hariri 3. War crimes; &
Tribunal, is a tribunal of international character applying Lebanese criminal law to carry out the 4. Crimes of aggression
investigation & prosecution of those responsible for 14 February 2005 assassination of Rafic Ø The court may hold accountable any person aged 18 or older at the time of the crime without
Hariri, the former Lebanese prime minister, & the deaths of 21 others, as well as those regard to the individual’s official duties or functions. Therefore, heads of State, legislators, &
responsible for connected attacks. other high-ranking government officials are not exempt from criminal responsibility.
Ø The Tribunal is unique among international criminal tribunals in that it may hold trials in v The Rome Statute applies the principle of non-retroactivity ratione personae.
absentia, & it is the first to deal with terrorism as a distinct crime. Ø Article 24 of the Statute states that "no person shall be criminally responsible under this Statute
Ø Origin for conduct prior to the entry into force of the Statute."
§ In March 2006, UN Security Council Resolution 1664, the Security Council requested the Ø The Rome Statute entered into force on July 1, 2002
Secretary-General consult with the Lebanese government on the establishment of an
international tribunal to try those responsible for the 14 February 2005 attack. PRINCIPLES OF COMPLEMENTARITY
§ The Lebanese government & UN signed an agreement for the Special Tribunal for v This principle would not replace national courts in criminal jurisdiction. If the national court is able or
Lebanon on 23 January 2007 & 6 February 2007 respectively. willing to take cognizance of crimes that are also cognizable by the ICC, the latter would not take
§ However, the Lebanese Prime Minister wrote to the UN Secretary-General in May 2007 cognizance of the case.
stating that the Speaker refused to convene Parliament, & therefore the agreement could v Only when the national court creates an unjustified delay or when its proceedings are meant to
not be ratified, despite the support of a majority of parliamentarians. shield an individual from criminal liability may the ICC take cognizance of the case.
§ Due to this political impasse, the Security Council implemented the agreement through
UN Security Council Resolution 1757 on 30 May 2007, under Chapter VII of the UN IMMUNITY OF HEADS OF STATE & OTHER STATE OFFICIALS
Charter. v Individual Responsibility
§ According to the resolution, the agreement (attached as an annex) would enter into force Ø Individuals can be held responsible for serious offenses
on 10 June 2007, unless Lebanon informed the UN that it complied with the legal Ø High government rank will not immunize an individual from prosecution nor, in & of itself,
requirements for its entry into force before that date. constitute a ground for reduction of sentence (Rome Statute, Art. 27)
§ The political stalemate did not resolve itself, & the Agreement therefore came into force Ø Military commanders may be responsible for any international crimes committed by troops
on 10 June 2007. under their command if they knew, or should have known, that troops were committing or were
Ø Jurisdiction about to commit international crimes, & the commander failed to take measures to prevent the
§ The Tribunal was established to "try all those who are found responsible for the [February commission of such crimes or to ensure that such crimes were submitted for investigation &
14th, 2005] terrorist crime which killed the former Lebanese Prime Minister Rafic Hariri & prosecution (Rome Statute, Art. 28)
others." v State Responsibility
Ø States can be held responsible for the commission of international crimes

v Common Defenses WHAT IS MEANT BY “ATTACK DIRECTED AGAINST ANY CIVILIAN POPULATION”
1. Mental disease or defect v It means a course of conduct involving the multiple commission of acts referred to in other crimes
2. Mistake of fact against humanity against any civilian population, pursuant to or in furtherance of a State or
3. Mistake of law where such negates the mental element required by the crime organizational policy to commit such attack.
4. Intoxication (unless voluntary)
5. Defense of one’s self or another GENOCIDE (RA 9851, SEC. 5)
6. Duress resulting from threat of imminent death or serious bodily harm to one’s self or 1. Any of the following acts with intent to destroy, in whole or in part, a national, ethnic, racial,
another religious, social or any other similar stable & permanent group such as:
7. Being ordered by a military or civilian superior to commit an unlawful act but only where a. Killing of members of the group
the person did not know the order was unlawful & the order was not manifestly unlawful b. Causing serious bodily or mental harm to members of the group
c. Deliberately inflicting on the group conditions of life calculated to bring about its
Command Responsibility Respondeat Superior (let the master answer) physical destruction in whole or in part
Definition d. Imposing measure intended to prevent births within the group
Superior may be held responsible for the A legal doctrine, most commonly used in tort, e. Forcibly transferring children of the group to another group
crime of a subject, if they know of it & do not that holds an employer or principal legally 2. Directly & publicly inciting others to commit genocide
prevent it when they could & should prevent it responsible for the wrongful acts of an
employee or agent, if such acts occur within WAR CRIMES (RA 9851, SEC. 4)
the scope of the employment or agency 1. In case of an international armed conflict, grave breaches of the Geneva Conventions of August
Defenses 12, 1949, namely any of the following acts against persons or property protected:
a. Willful killing
The defense that a commander did not The liability of the employer may be overcome
b. Torture or inhuman treatment, including biological experiments
actually commit atrocities is unavailable by the defense of due diligence
c. Willfully causing great suffering, or serious injury to body or health
d. Extensive destruction & appropriation of property not justified by military necessity &
REPUBLIC ACT 9851
carried out unlawfully & wantonly
“PHILIPPINE ACT ON CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE,
e. Willfully depriving a prisoner of war or other protected person of the rights of fair &
& OTHER CRIMES AGAINST HUMANITY”
regular trial
f. Arbitrary deportation or forcible transfer of population or unlawful confinement
PURPOSE OF PASSAGE
g. Taking hostages
v R.A. 9851 mandates both the State & non-state armed groups to observe international humanitarian
h. Compelling a prisoner of war or other protected person to serve in the forces of a
law standards & gives the victims of war-crimes, genocide & crimes against humanity legal recourse
hostile power; &
i. Unjustifiable delay in the repatriation of prisoners of war or other protected persons.
STATE POLICIES UNDER RA 9851
2. In case of non-international armed conflict, serious violation of common Article 3 to the four
v Note: The application of the provisions of this Act shall not affect the legal status of the parties to a
Geneva Conventions of 12 August 1949, namely any of the following acts committed against
conflict, nor give an implied recognition of the status of belligerency.
persons taking no active part in the hostilities, including members of the armed forces who
1. The renunciation of war & adherence to a policy of peace, equality, justice, freedom,
have laid down their arms & those placed hors de combat by sickness, wounds, detention or
cooperation & amity with all nations.
any other cause:
2. Values the dignity of every human person & guarantees full respect of human rights
a. Violence to life & person, in particular, willful killings, mutilation, cruel treatment &
3. Promotion of Children as zones of peace
torture
4. Adoption of the generally accepted principles of international law
b. Committing outrages upon personal dignity, in particular humiliating & degrading
5. Punishment of the most serious crimes of concern to the international community
treatment
6. To ensure persons accused of committing grave crimes under international law all rights
c. Taking of hostages; &
for a fair & strict trial in accordance with national & international law as well as accessible
d. The passing of sentences & the carrying out of executions without previous judgment
& gender-sensitive avenues
pronounced by a regularly constituted court, affording all judicial guarantees which
are generally recognized as indispensable.

3. Other serious violations of the laws & customs applicable in the armed conflict within the p. Ordering the displacement of the civilian population for reasons related to the
established framework of international law, namely: conflict, unless the security of the civilians involved or imperative military reasons so
a. Intentionally directing attacks against the civilian population as such or against demand
individual civilians not taking direct part in hostilities q. Transferring, directly or indirectly, by occupying power of parts of its own civilian
b. Intentionally directing attacks against civilian objects, that is, objects which are not population into the territory it occupies, or the deportation or transfer of all or parts of
military objectives the population of the occupied territory within or outside this territory
c. Intentionally directing attacks against buildings, material, medical units & transport, r. Committing outrages upon personal dignity, in particular, humiliating & degrading
& personnel using the distinctive emblems of Additional Protocol II in conformity with treatment
international law s. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
d. Intentionally directing attacks against personnel, installations, material, units or sterilization, or any other form of sexual violence
vehicles involved in a humanitarian assistance or peacekeeping mission in t. Utilizing the presence of a civilian or other protected person to render certain points,
accordance with the Charter of the UN as long as they are entitled to the protection areas or military forces immune from military operations
given to civilians or civilian objects under the international law of armed conflict u. Intentionally using starvation of civilians as a method of warfare by depriving them
e. Launching an attack in the knowledge that such attack will cause incidental loss of of objects indispensable to their survival, including willfully impending relief supplies
life or injury to civilians or damage to civilian objects or widespread long-term & v. In an international armed conflict, compelling the nationals of the hostile party to take
severe damage to the natural environment which would be excessive in relation to part in the operations of war directed against their own country, even if they were in
the concrete & direct military advantage anticipated the belligerent’s service before the commencement of the war
f. Launching an attack against works or installations containing dangerous forces in w. In an international armed conflict, declaring abolished, suspended or inadmissible in
the knowledge that such attack will cause excessive loss of life, injury to civilians or a court of law the rights & actions of the nationals of the hostile party
damage to civilian objects, & causing death or serious injury to body or health x. Committing any of the following acts:
g. Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings i. Conscripting, enlisting or recruiting children under the age of 15 years into
which are undefended & which are not military objectives, or making non-defended the national armed forces
localities or demilitarized zones the object of attack ii. Conscripting, enlisting, or recruiting children under the age of 18 years into
h. Killing or wounding a person in the knowledge that he/she is hors de combat, an armed force or group other than the national armed forces; &
including a combatant who, having laid down his/her arms no longer having means iii. Using children under the age of 18 years to participate actively in hostilities
of defense, has surrendered at discretion y. Employing means of warfare which are prohibited under international law, such as:
i. Making improper use of a flag of truce, of the flag or the military insignia & uniform i. Poison or poisoned weapons
of the enemy or of the UN, as well as of the distinctive emblems of the Geneva ii. Asphyxiating, poisonous or other gases, & all analogous liquids, materials
Conventions or other protective signs under the International Humanitarian Law, or devices;
resulting in death, serious personal injury or capture; iii. Bullets which expand or flatten easily in the human body, such as bullets
j. Intentionally directing attacks against buildings dedicated to religion, education, art, with hard envelopes which do not entirely cover the core or are pierced
science, or charitable purposes, historic monuments, hospitals & places where the with incisions
sick & wounded are collected, provided that they are not military objectives. iv. Weapons, projectiles & material & methods of warfare which are of the
Ø Note: In case of doubt, they shall be presumed not to be so used. nature to cause superfluous injury or unnecessary suffering or which are
k. Subjecting persons who are in the power of an adverse party to physical mutilation inherently indiscriminate in violation of the international law of armed
or to medical or scientific experiments of any kind, or to removal of tissue or organs conflict
for transplantation, which are neither justified by the medical, dental or hospital
treatment of the person concerned not carried out in his/her interest, & which cause “OTHER CRIMES AGAINST HUMANITY” ASIDE FROM WAR CRIMES & GENOCIDE UNDER R.A.
death to or seriously endanger the health of such person or persons 9851 SEC. 6
l. Killing wounding or capturing an adversary by resort to perfidy v “Other crimes against humanity” includes any of the following acts when committed as part of a
m. Declaring that no quarter will be given widespread or systematic attack directed against any civilian population, with knowledge of the
n. Destroying or seizing the enemy’s property unless such destruction or seizure is attack:
imperatively demanded by the necessities of war 1. Willful killing
o. Pillaging a town or place, even when taken by assault

2. Extermination – the intentional infliction of conditions of life, inter alia, the deprivation of PROTECTED PERSONS IN AN ARMED CONFLICT UDNER RA 9851 SEC. 3 (Q)
access to food & medicine, calculated to bring about the destruction of a part of a v Note: In such situations the Geneva Conventions & Additional Protocol I apply.
population. 1. A person wounded, sick or shipwrecked, whether civilian or military
3. Enslavement – the exercise of any or all of the powers attaching to the right of ownership 2. A prisoner of war or any person deprived of liberty for reasons related to an armed conflict
over a person & includes the exercise of such power in the course of trafficking in persons, 3. A civilian or any person not taking a direct part or having ceased to take part in the
in particular women & children. hostilities in the power of the adverse party
4. Arbitrary deportation or forcible transfer of population – forced displacement of the 4. A person who, before the beginning of hostilities, was considered a stateless person or
persons concerned by expulsion or other coercive acts from the area in which they are refugee under the relevant international instrument accepted by the parties to the conflict
lawfully present, without grounds permitted under domestic or international law concerned or under the national legislation of the state of refuge or state of residence
5. Imprisonment or other severe deprivation of physical liberty in violation of fundamental 5. A member of the medical personnel assigned exclusively to medical purposes or to the
rules of international law administration of medical units or to the operation of an administration of medical
6. Torture – the intentional infliction of severe pain or suffering, whether physical, mental, or transports; or
psychological, upon a person in the custody or under the control of the accused; except 6. A member of the religious personnel who is exclusively engaged in the work of their
that torture shall not include pain or suffering arising only from, inherent in or incidental to, ministry & attached to the armed forces of a party to the conflict, its medical units or
lawful sanctions. medical transports or non-denominational, non-combatant military personnel carrying out
7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or functions similar to religious personnel.
any other form of sexual violence of comparable gravity
¨ Forced pregnancy means the unlawful confinement of a woman to be forcibly
made pregnant, with the intent of affecting the ethnic composition of any MODULE 16:
population or carrying out other grave violations of international law.
8. Persecution against any identifiable group or collectivity on political, racial, national, INTERNATIONAL ENVIRONMENTAL LAW
ethnic, cultural, religious, gender, sexual orientation other grounds that are universally
recognized as impermissible under international law INTERNATIONAL ENVIRONMENTAL LAW
¨ Persecution means the intentional & severe deprivation of fundamental rights
contrary to international law by reason of identity of the group or collectively INTERNATIONAL ENVIRONMENTAL LAW
9. Enforced or involuntary disappearance of persons – the arrest detention or abduction of v It is the branch of public international law comprising "those substantive, procedural & institutional
persons by, or with the authorization, support, or acquiescence of, a State or a political rules which have as their primary objective the protection of the environment," the term environment
organization followed by a refusal to acknowledge that deprivation of freedom or to give being understood as encompassing "both the features & the products of the natural world & those
information on the fate or whereabouts of those persons, with the intention of removing of human civilization.
them from the protection of the law for a prolonged period of time
10. Apartheid – Inhumane acts committed in the context of an institutionalized regime of STANDARD OF CONDUCT FOR STATES
systematic oppression & domination by one racial group/s & committed with the intention v Strict Liability Theory – states are under an absolute obligation to prevent pollution & are thus
of maintaining that regime. liable for its effects irrespective of fault
11. Other inhumane acts of similar character intentionally causing great suffering, or serious v Test of Due Diligence – states will be required to take all necessary steps to prevent substantial
injury to body or to mental or physical health. pollution & to demonstrate the kind of behavior expected of good governments
v Long Range Transboundary Air Pollution – Air pollution whose physical origin is situated wholly
INSTANCES NOT COVERED BY ARMED CONFLICT UNDER RA 9851 SEC. 3(C) or in part within the area under the national jurisdiction of one State & which has adverse effects in
v It does not include internal disturbances or tensions the area under the jurisdiction of another State at such a distance that It is not generally possible to
1. Riots; distinguish the contribution of individual emission sources or groups of sources
2. Isolated & sporadic acts of violence; & Ø Bases of Liability for Transboundary Pollution under International Law
3. Other acts of a similar nature. 1. An absolute duty to protect against harm from ultra-hazardous activities, which if
violated, results in a state being held strictly liable
2. Abuse of Rights Theory – responsibility for negligent or intentional acts; and
3. Good Neighborliness Principle

RULES DEVELOPED FOR THE PROTECTION OF THE ENVIRONMENT IN ARMED CONFLICT PRECAUTIONARY PRINCIPLE
1. Each State Party undertakes not to engage in military or other hostile use of environmental
modification techniques having widespread, long-lasting or severe effects as the means of PRECAUTIONARY PRINCIPLE
destruction, damage or injury to any other Party State v Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be
2. Prohibition of the employment of methods or means of warfare which are intended, or may be used as a reason for postponing cost-effective measures to prevent environmental degradation.
expected, to cause widespread, long-term & severe damage to the natural environment. (Principle 15, Rio Declaration on Environment & Development)

SECTION 16, ARTICLE II, 1987 CONSTITUTION REQUISITES OF PRECAUTIONARY PRINCIPLE

1. There are threats of serious or irreversible damage to the environment
SECTION 16, ARTICLE II, 1987 CONSTITUTION 2. Lack of full scientific certainty in establishing a causal link between human activity &
v The State shall protect & advance the right of the people to a balanced & healthful ecology in accord environmental effect; &
with the rhythm & harmony of nature. 3. Cost-effective measures to prevent environmental degradation shall not be postponed
OTHER PRINCIPLES
PRINCIPLE 21 OF STOCKHOLM DECLARATION
PRINCIPLE OF COMMON HERITAGE OF HUMANKIND
STOCKHOLM DECLARATION v Maintains that all humans have a stake in resources located outside of the territories of states, such
v The Stockholm Declaration, or the Declaration of the UN Conference on the Human Environment, as the high seas, the deep seabed, etc.
was adopted on June 16, 1972 in Stockholm, Sweden. v No one state should be able to exhaust the resources of these global commons & all are obliged to
v It contains 26 principles & 109 recommendations regarding the preservation & enhancement of the cooperate peacefully in managing them
right to a healthy environment.
PRINCIPLE OF COMMON BUT DIFFERENTIATED RESPONSIBILITY
PRINCIPLE 21 OF THE STOCKHOLM DECLARATION v This principle requires the protection of specified environmental resource or area as common
v This declares that States have responsibility but takes into account the differing circumstances of certain States in the discharge of
1. The sovereign right to exploit their own resources pursuant to their own environmental such responsibilities. (Article 3[1], Framework Convention on Climate Change)
policies, &
2. The responsibility to ensure that activities within their jurisdiction or control do not cause POLLUTER PAYS PRINCIPLE
damage to the environment of other States or of areas beyond the limits of national v It means that the party responsible for producing the pollutants must bear responsibility for
jurisdiction. shouldering the costs of the damage done to the environment. It is expressly stated in Principle 16
of the Rio Declaration on Environment & Development:
PART OF CUSTOMARY LAW Ø “National authorities should endeavor to promote the internalization of environment costs & the
v The Court recognizes that the environment is daily under threat & that the use of nuclear weapons use of economic instruments, taking into account the approach that the polluter should, in
could constitute a catastrophe for the environment. principle, bear the cost of pollution, with due regard to the public interest & without distorting
v The court also recognizes that the environment is not an abstraction but represents the living space, international trade & investment.” (Principle 16, Rio Declaration)
the quality of life & the very human beings, including generations unborn.
v The existence of the general obligation of States to ensure that activities within their jurisdiction & PRINCIPLE OF GOOD NEIGHBORLINESS
control respect the environment of other States or of areas beyond national control is now part of v Sic utere tuo ut alienum non laedas – so use your own as not to injure the rights of others
the corpus of international law relating to the environment. v States have, in accordance with the Charter od the UN & the principles of international law, the
sovereign right to exploit their own resources pursuant to their own environmental policies, & the
responsibility to ensure that activities within their jurisdiction or control do not cause damage to the
environment of other states or of areas beyond limits of national jurisdiction

PRINCIPLE OF SUSTAINABLE DEVELOPMENT

v It is a development that meets the needs of the present without compromising the ability of future
generations to meet their own needs
v Principles embodying sustainable development
1. Principle Of Intergenerational Equity – the need to preserve natural resources for the
benefit of future generations.
2. Principle Of Sustainable Use – the aim of exploiting natural resources in a manner which
is "sustainable," or "prudent," or "rational," or "wise," or "appropriate."
3. Principle Of Equitable Use Or Intragenerational Equity – the equitable use of natural
resources, which implies that use by one state must take into account the needs of other
states.
4. Principle Of Integration – the need to ensure that environmental considerations are
integrated into economic & other developmental plans, programs & projects, & that
development needs are taken into account in applying environmental objectives.

PRINCIPLE OF PREVENTIVE ACTION

v The obligation requiring the prevention of damage to the environment, & otherwise to reduce, limit
or control activities which might cause or risk such damage

PRINCIPLE OF NON-DISCRIMINATION
v Each state should ensure that its regime of environmental protection, when addressing pollution
originating within the state, does not discriminate between pollution affecting the state & pollution
affecting other states

END OF SUBJECT COVERAGE

Page 58 of 58
Sources: class discussion, syllabus, Cruz | Sarmiento | Nachura | Bernas PIL Books, San Beda MemAid, and other reviewers. There may be errors. Use at your own risk.

Case Digest - Biraogo Vs Truth Commission
No ratings yet
Case Digest - Biraogo Vs Truth Commission
7 pages
Admin Law Cases
No ratings yet
Admin Law Cases
18 pages
Marcos Vs Manglapus G.R. No. 88211 A
No ratings yet
Marcos Vs Manglapus G.R. No. 88211 A
2 pages
G.R. No. 180643 Case Digest
No ratings yet
G.R. No. 180643 Case Digest
2 pages
People v. Dela Peña G.R. No. 219581
No ratings yet
People v. Dela Peña G.R. No. 219581
2 pages
Lladoc vs. Commissioner of Internal Revenue, 14 SCRA 292, No. L-19201 June 16, 1965
No ratings yet
Lladoc vs. Commissioner of Internal Revenue, 14 SCRA 292, No. L-19201 June 16, 1965
3 pages
Estrada vs. Escritor PDF
No ratings yet
Estrada vs. Escritor PDF
129 pages
Ejusdem Generis Real Handout
No ratings yet
Ejusdem Generis Real Handout
1 page
Bayan Muna v. Romulo, G.R. No. 159618, February 1, 2011
No ratings yet
Bayan Muna v. Romulo, G.R. No. 159618, February 1, 2011
41 pages
People v. Salvilla, G.R. No. 86163, April 26, 1990
No ratings yet
People v. Salvilla, G.R. No. 86163, April 26, 1990
12 pages
Monetary Board vs. Philippine Veterans Bank G.R. No. 189571 2015
No ratings yet
Monetary Board vs. Philippine Veterans Bank G.R. No. 189571 2015
2 pages
Baer Vs Tizon, 57 Scra 1, G.R. No. L-24294, May 3, 1974
No ratings yet
Baer Vs Tizon, 57 Scra 1, G.R. No. L-24294, May 3, 1974
19 pages
ObliCon CH 3 Pt1 Full Cases
No ratings yet
ObliCon CH 3 Pt1 Full Cases
111 pages
Registration of A Corporation Cannot Be Compelled by Mandamus
No ratings yet
Registration of A Corporation Cannot Be Compelled by Mandamus
31 pages
CIR Vs RUEDA DIGEST
No ratings yet
CIR Vs RUEDA DIGEST
3 pages
Galman v. Pamaran, GR L-71208-09
No ratings yet
Galman v. Pamaran, GR L-71208-09
1 page
Trajano v. Marcos
No ratings yet
Trajano v. Marcos
3 pages
Gloria Macapagal - Arroyo v. People, G.R. No. 220598, July 19, 2016
0% (1)
Gloria Macapagal - Arroyo v. People, G.R. No. 220598, July 19, 2016
49 pages
Republic Vs Feliciano
No ratings yet
Republic Vs Feliciano
5 pages
Caunca v. Salazar
No ratings yet
Caunca v. Salazar
3 pages
GR 182734 2023
100% (1)
GR 182734 2023
18 pages
The Philippine Islands v. Monte de Piedad 35 Phil. 728
No ratings yet
The Philippine Islands v. Monte de Piedad 35 Phil. 728
3 pages
Information Packet UC KAS IEMCC
No ratings yet
Information Packet UC KAS IEMCC
4 pages
Vinuya vs. Hon. Executive Secretary, G.R. No. 162230, April 28, 2010
No ratings yet
Vinuya vs. Hon. Executive Secretary, G.R. No. 162230, April 28, 2010
15 pages
G.R. Nos. 187836 & 187916 (Resolution) - Social Justice Society Officers v. Lim
No ratings yet
G.R. Nos. 187836 & 187916 (Resolution) - Social Justice Society Officers v. Lim
8 pages
Pasay City Recall Election Ruling
No ratings yet
Pasay City Recall Election Ruling
6 pages
Neri v. Senate Committee, G.R. No. 180643, March 25, 2008
No ratings yet
Neri v. Senate Committee, G.R. No. 180643, March 25, 2008
23 pages
Arroyo V Delima
No ratings yet
Arroyo V Delima
4 pages
BOY SCOUTS OF THE PHILIPPINES v. COMMISSION ON AUDIT Dissenting Opinion, Justice Antonio T. Carpio
No ratings yet
BOY SCOUTS OF THE PHILIPPINES v. COMMISSION ON AUDIT Dissenting Opinion, Justice Antonio T. Carpio
36 pages
30 - Alih vs. Castro, 150 SCRA 279
No ratings yet
30 - Alih vs. Castro, 150 SCRA 279
1 page
Extradition Case: State vs. Due Process
No ratings yet
Extradition Case: State vs. Due Process
27 pages
Jurisdiction Dispute in PNP Kidnapping Case
No ratings yet
Jurisdiction Dispute in PNP Kidnapping Case
16 pages
Resident Marine Mammals of The Protected Seascape Tañon Strait vs. Secretary Angelo Reyes, G.R. No. 180771, April 21, 2015
No ratings yet
Resident Marine Mammals of The Protected Seascape Tañon Strait vs. Secretary Angelo Reyes, G.R. No. 180771, April 21, 2015
36 pages
Marasigan vs. Fuentes
No ratings yet
Marasigan vs. Fuentes
5 pages
Aglipay Vs Ruiz G.R. No. L-45459 March 13, 1937
100% (1)
Aglipay Vs Ruiz G.R. No. L-45459 March 13, 1937
4 pages
35 and 36
No ratings yet
35 and 36
8 pages
Agrarian Reform Legal Challenges
No ratings yet
Agrarian Reform Legal Challenges
3 pages
Commander's Duty in War Crimes
No ratings yet
Commander's Duty in War Crimes
1 page
Digested Cases in Political Law
No ratings yet
Digested Cases in Political Law
31 pages
University of The Philippines College of Law: Sun Insurance V. RTC Judge Asuncion and Po Tiong
No ratings yet
University of The Philippines College of Law: Sun Insurance V. RTC Judge Asuncion and Po Tiong
2 pages
Case No. 1 - Province of North Cotabato v. Govt of The Rep of The Philippines
No ratings yet
Case No. 1 - Province of North Cotabato v. Govt of The Rep of The Philippines
3 pages
Case Digest (6 & 27)
No ratings yet
Case Digest (6 & 27)
4 pages
Arcaba vs. Tabancura Vda de Batocael GR No. 146683, November 22, 2001
No ratings yet
Arcaba vs. Tabancura Vda de Batocael GR No. 146683, November 22, 2001
9 pages
Sasot Vs People
No ratings yet
Sasot Vs People
8 pages
Stat Con Cases
No ratings yet
Stat Con Cases
9 pages
Centeno v. Villaon-Pornillos
No ratings yet
Centeno v. Villaon-Pornillos
1 page
Sigre v. CA, G.R. No. 109568
No ratings yet
Sigre v. CA, G.R. No. 109568
5 pages
Kulayan vs. Tan
No ratings yet
Kulayan vs. Tan
18 pages
PIL Module 7 and 8 Notes
No ratings yet
PIL Module 7 and 8 Notes
30 pages
PIL Notes
No ratings yet
PIL Notes
3 pages
Final Coverage Pil 2024
No ratings yet
Final Coverage Pil 2024
15 pages
Jurisdiction
No ratings yet
Jurisdiction
38 pages
Public International Law Reviewer
100% (3)
Public International Law Reviewer
20 pages
A) The Territoriality Principle
No ratings yet
A) The Territoriality Principle
43 pages
Pil Cre
No ratings yet
Pil Cre
6 pages
Jurisdiction in International Law
No ratings yet
Jurisdiction in International Law
59 pages
PFR (Atty. Rachel Castro)
No ratings yet
PFR (Atty. Rachel Castro)
11 pages
Pil Notes
No ratings yet
Pil Notes
7 pages
3 Territory
No ratings yet
3 Territory
15 pages
Jurisdiction of The It Act 2000
100% (1)
Jurisdiction of The It Act 2000
21 pages
Constitutional Law 1: Legislative Review
100% (1)
Constitutional Law 1: Legislative Review
81 pages
Persons and Family Relations Law - Finals - Mama Gie Notes
100% (2)
Persons and Family Relations Law - Finals - Mama Gie Notes
192 pages
Mama Gie X Jeepney Transpo Notes
No ratings yet
Mama Gie X Jeepney Transpo Notes
118 pages
Persons and Family Relations Law - Midterm - Mama Gie Notes
100% (4)
Persons and Family Relations Law - Midterm - Mama Gie Notes
89 pages
Constitutional Law 1 - Midterm - Mama Gie Notes
No ratings yet
Constitutional Law 1 - Midterm - Mama Gie Notes
26 pages
Criminal Law 1 - Finals - Mama Gie Notes
No ratings yet
Criminal Law 1 - Finals - Mama Gie Notes
67 pages
Negotiable Instruments Law - Finals - Mama Gie Notes
No ratings yet
Negotiable Instruments Law - Finals - Mama Gie Notes
28 pages
Negotiable Instruments Law Guide
100% (1)
Negotiable Instruments Law Guide
39 pages
Obligations and Contracts Short Notes by Mama Gie
100% (1)
Obligations and Contracts Short Notes by Mama Gie
24 pages
Ppa Letter
No ratings yet
Ppa Letter
1 page
State of Punjab v. Tehal Singh and Ors
No ratings yet
State of Punjab v. Tehal Singh and Ors
3 pages
Ll.b.vi Term Paper LB-602 Jurisprudence Ii (NC) (Concepts) - 7946
No ratings yet
Ll.b.vi Term Paper LB-602 Jurisprudence Ii (NC) (Concepts) - 7946
7 pages
Law School's Injunction Denied
No ratings yet
Law School's Injunction Denied
11 pages
Latasa Vs Comelec
No ratings yet
Latasa Vs Comelec
2 pages
Ghana Court of Appeal Criminal Appeal Judgment
No ratings yet
Ghana Court of Appeal Criminal Appeal Judgment
26 pages
Ale 2003 Public With Answers
No ratings yet
Ale 2003 Public With Answers
26 pages
Row Acquisition Process - 1
No ratings yet
Row Acquisition Process - 1
16 pages
Omnibus Election Code - Article I - General Provisions
No ratings yet
Omnibus Election Code - Article I - General Provisions
6 pages
West Bengal Board of Secondary Education
No ratings yet
West Bengal Board of Secondary Education
3 pages
Constituent Assembly Debates Upsc Notes 97
No ratings yet
Constituent Assembly Debates Upsc Notes 97
3 pages
Secretary Certificate Required by BIR
100% (2)
Secretary Certificate Required by BIR
2 pages
Application For Succession Certificate
100% (4)
Application For Succession Certificate
4 pages
Transcript - SLOC - The Indian Act
No ratings yet
Transcript - SLOC - The Indian Act
15 pages
Indian Councils Act 1892: Key Reforms
100% (1)
Indian Councils Act 1892: Key Reforms
5 pages
LGCD-Completion Certificate
No ratings yet
LGCD-Completion Certificate
14 pages
Congress - Finals SecondBriefing
No ratings yet
Congress - Finals SecondBriefing
4 pages
Legal Storm Hits Ekta Tripolis
No ratings yet
Legal Storm Hits Ekta Tripolis
2 pages
Voter Registration Application Form
No ratings yet
Voter Registration Application Form
10 pages
JOJI Compro
100% (1)
JOJI Compro
11 pages
Alfred Njau and Others V City Council of Nairobi: Jus Ibi Idem Remedium
No ratings yet
Alfred Njau and Others V City Council of Nairobi: Jus Ibi Idem Remedium
14 pages
300 309 100 Partner and Prospective Marriage - Subclass 300 309 100 - No...
No ratings yet
300 309 100 Partner and Prospective Marriage - Subclass 300 309 100 - No...
9 pages
Cinematography Act
No ratings yet
Cinematography Act
4 pages
The Lex Repetundarum of The Tabula Bembina
No ratings yet
The Lex Repetundarum of The Tabula Bembina
7 pages
G.R. No. 127371. April 25 2002 Case Brief - Digest
No ratings yet
G.R. No. 127371. April 25 2002 Case Brief - Digest
2 pages
Sources of International Law - Transcribed
No ratings yet
Sources of International Law - Transcribed
9 pages
Title Guardianship of Minor Under Section 8 of The Hindu Min (1) 2
No ratings yet
Title Guardianship of Minor Under Section 8 of The Hindu Min (1) 2
10 pages
Ronald Giles, Nancy Detweiler - QFS2020 - Quantum Financial System, Revaluation of Currencies-QFS2020.Com (2021)
100% (1)
Ronald Giles, Nancy Detweiler - QFS2020 - Quantum Financial System, Revaluation of Currencies-QFS2020.Com (2021)
116 pages
Mayor City Council Lawsuit File - 1
No ratings yet
Mayor City Council Lawsuit File - 1
47 pages
ILW 1501 Assessment 1 - Attempt 1
No ratings yet
ILW 1501 Assessment 1 - Attempt 1
9 pages

Mama Gie Notes - PUBLIC INTERNATIONAL LAW Law Finals Reviewer

Uploaded by

Mama Gie Notes - PUBLIC INTERNATIONAL LAW Law Finals Reviewer

Uploaded by

Mama Gie Notes | Public International Law – FINALS REVIEWER | Atty.

Jun Marr Denila | SBCA-SOL | 2nd Sem, AY 22-23

TERRITORIAL JURISDICTION Ø Convention on the Privileges & Immunities of Specialized Agencies

TERRITORIAL JURISDICTION LAND JURISDICTION

PROCESS OF SUGGESTION AGENTS OF DIPLOMATIC INTERCOURSE

Ø To produce official correspondence & documents TERMINATION OF CONSULAR MISSION

MODULE 9: ACQUISITION OF NATIONALITY

NATIONALITY JUS SANGUINIS V. JUS SOLI

THE RIGHT OF ASYLUM RIGHTS OF A REFUGEE (REFUGEE CONVENTION)

ELEMENTS OF EXTRADITION (from the case of Govt. of Hongkong SAR vs Munoz)

MODULE 11: SETTLING DISPUTES

8. Resort to regional & international organizations COMPROMISSARY CLAUSE

UNITING FOR PEACE RESOLUTION 1950

b. Taking of hostages OUTLAWRY OF WAR

SPIES & MERCENARIES NEW CONFLICTS

DOCTRINE OF CONTINUOUS VOYAGE / TRANSPORT TERMINATION OF NEUTRALITY

RIGHT OF DEROGATION UNDER ICCPR OPTIONAL PROTOCOLS TO ICCPR

MODULE 15: As to Period

BRANCHES OF IHL INTERNATIONAL CRIMINAL LAW

SECTION 16, ARTICLE II, 1987 CONSTITUTION REQUISITES OF PRECAUTIONARY PRINCIPLE

PRINCIPLE OF SUSTAINABLE DEVELOPMENT

PRINCIPLE OF PREVENTIVE ACTION

END OF SUBJECT COVERAGE

You might also like