Reviewer Flashcards
an entitlement to something, whether to concepts like justice and due process, or to ownership of property or some interest in property, real or personal.
RIGHTS
is the comprehensive, systematic, and institutional compliance with international human rights standards and practices in the conduct of police or law enforcement functions.
Human Rights Based Policing (HRBP)
The writ is an order to the person in charge of someone’s detention to deliver the named person so that the court can investigate the legality of his imprisonment.
Writ of Habeas Corpus
It is a remedy available to any person whose right to life, liberty and security has been violated or is threatened with violation by an unlawful act or omission of a public official/employee, or of a private individual or entity.
Writ of Amparo
is a remedy available to any person who’s the right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or private individual. The WOHD enables the petitioner to invoke the right to privacy and right to information.
Writ of Habeas Data (WOHD)
- also known as the law of war or the law of armed conflict which regulates the conduct of warfare.
International Humanitarian Law (IHL)
engagement in or the activities involved in war or conflict
War fare
any individual who is not a member of armed forces
Civilian
person entitled to directly participate in hostilities during an armed conflict
Combatant
What is Armed Conflict, when does it exist?
• Between states, and national liberation movements.
(International Armed Conflict)
• Between governmental authorities and organized armed groups.
• Between organized armed groups within state.
Three (3) Main Currents:
•Law of Geneva
•Law of the Hague
• The efforts of Un to ensure that Human rights are respected in armed conflicts and to limit the use of certain weapons.
Fundamental Principles of International Humanitarian Law
•Principle of Distinction
•Principle of Proportionality
•Principle of Limitation
•Principle of De Martens Clause
Most basic principle of IHL which is for the parties to the conflict to distinguish between combatants and civilians, and between military objectives and civilian objects.
Principle of Distinction
- Proper balancing of the conflicting interests between military necessity and humanitarian considerations.
Principle of Proportionality
Basic rule that the right of the parties to the conflict to choose methods or means of warfare is not unlimited. As the saying goes, “Even War Has its Limits.” International Humanitarian Law then provides both general and specific limitations or restraints.
Principle of limitations