Crimes Against Law of the Nations

Question 1

What are the crimes against the law of nations?

Answer 1

Article 118- Inciting to war or giving motives for reprisals.

Article 119- Violation of neutrality

Article 120-Correspondence with hostile country

Article 121-Flight to enemy’s country

Article 122-Piracy in General and mutiny on the high seas or in Philippines waters

Article 123-Qualified Piracy

Question 2

What are the elements for inciting to war or giving motives for reprisals?

Answer 2

(1)Offender performs unlawful or unauthorized acts;

(2) The acts provoke or give occasion for—
(a) a war involving or liable to involve the Philippines; or
(b) exposure of Filipino citizens to reprisals on their persons or property.

Question 3

What are the elements for violation of neutrality?

Answer 3

a. there is a war in which the Philippines is not involved
b. There is a regulation issued by a competent authority to enforce neutrality
c. offender violates the regulation

Question 4

What are the elements for correspondence with hostile country?

Answer 4

(1) It is in time of war in which the Philippines is involved;

(2) Offender makes correspondence with an enemy country or territory occupied by
enemy troops;

(3) The correspondence is either—
(a) prohibited by the Government;
(b) carried on in ciphers or conventional signs; or
(c) containing notice or information which might be useful to the enemy.

Question 5

What are the elements for flight to enemy’s country?

Answer 5

(1) There is a war in which the Philippines is involved;
(2) Offender must be owing allegiance to the Government;
(3) Offender attempts to flee or go to an enemy country;
(4) Going to the enemy country is prohibited by competent authority.

Question 6

What are the elements for piracy?

Answer 6

(1) The vessel is on high seas or Philippine waters;
(2) Offenders are neither members of its complement nor passengers of the vessel;

(3) Offenders either—
(a) attack or seize a vessel on the high seas or in Philippine waters;
(b) seize in the vessel while on the high seas or in Philippine waters the whole or
part of the cargo of said vessel, its equipment, or personal belongings of its
complement or passengers.

(4) There is intent to gain.

Question 7

What are the elements for mutiny?

Answer 7

(1) The vessel is on high seas or Philippine waters;
(2) Offenders are members of its complement or passengers of the vessel;

(3) Offenders either—
(a) attack or seize a vessel on the high seas or Philippine waters;
(b) seize in the vessel while on the high seas or in Philippine waters the whole or
part of the cargo of said vessel, its equipment, or personal belongings of its
complement or passengers.

Question 8

What are the elements for qualified piracy?

Answer 8

(1) The vessel is on the high seas or Philippine waters;

(2) Offenders may or may not be members of its complement, or passengers of the
vessel;

(3) Offenders either—
(a) attack or seize the vessel; or
(b) seize the whole or part of the cargo, its equipment, or in personal belongings of
the crew or passengers.

(4) The preceding were committed under any of the following circumstances:
(a) Whenever they have seized a vessel by boarding or firing upon the same;
(b) Whenever the pirates have abandoned their victims without means of saving
themselves; or
(c) Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape.