XII. PUBLIC INTERNATIONAL LAW

Question 1

XII. PUBLIC INTERNATIONAL LAW

A. Doctrine of Incorporation and Transformation

iL is Auto incorpo into Domstc
v
iL req Legis action

(1987 CONST., art. II, sec. 2; art. VII, sec. 21)

Answer 1

1. DOCTRINE OF INCORPORATION
   
   • Definition:
     Under this doctrine, international law is deemed automatically incorporated into the domestic legal system without the need for legislative enactment.
   • Application: Treaties and conventions ratified by the Philippines are considered part of domestic law and can be directly invoked in local courts.
   • Example:
     The Philippines’ adherence to the Universal Declaration of Human Rights has led to local laws and policies that reflect its principles.
2. DOCTRINE OF TRANSFORMATION
   
   • Definition:
     Under this doctrine, international law requires legislative action for its incorporation into domestic law.
   • Application: Treaties and conventions ratified by the Philippines require enabling legislation before they can be applied domestically.
   • Example:
     The ratification of the Rome Statute by the Philippines necessitated the passage of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity for its enforcement locally.

Understanding these doctrines is crucial for interpreting how international treaties and conventions are integrated into Philippine law, guiding both legislative and judicial processes concerning international obligations and human rights standards.

Question 2

XII. PUBLIC INTERNATIONAL LAW

B. Sources of Obligations in International Law

(Statute of the International Court
of Justice, art. 38)

C2 pdf

Answer 2

Summary of Key Points

1. Sources of Law:
   
   • International Conventions: Rules recognized by contesting states.
   • International Custom: General practices accepted as law.
   • General Principles of Law: Recognized by civilized nations.
   • Judicial Decisions and Teachings: Used as subsidiary means, subject to Article 59.
2. Ex Aequo et Bono:
   
   • The Court can decide based on fairness and good conscience if the parties agree.

Example:
In a dispute between two countries over maritime boundaries, the Court will apply international conventions like the United Nations Convention on the Law of the Sea (UNCLOS), customary international law, and general principles recognized by nations. If both parties agree, the Court may also decide the case based on principles of fairness (ex aequo et bono).

Mnemonic: “Conventions, Customs, Principles, Decisions, Fairness”
- Conventions: International agreements
- Customs: General practices
- Principles: General legal principles
- Decisions: Judicial decisions and expert teachings
- Fairness: Ex aequo et bono decisions if agreed by parties

Question 3

XII. PUBLIC INTERNATIONAL LAW

C. Subjects of International Law

States
Int org
Ind & NSa

Answer 3

Certainly! Here are the key points to remember for the concept of Subjects of International Law under Philippine public international law, along with examples:

Key Points:

1. States:
   States are the primary subjects of international law and possess legal personality. They have the capacity to enter into international relations, make treaties, and participate in international organizations. States are sovereign entities recognized by other states.
   Example:
   The Philippines, as a sovereign state, has the capacity to enter into treaties with other countries, engage in diplomatic relations, and participate in international organizations such as the United Nations.
2. International Organizations: Entities like the United Nations (UN), International Court of Justice (ICJ), World Trade Organization (WTO), and regional organizations (ASEAN, EU) are subjects of international law. They are created by treaties among states and have legal personality to conduct international activities.
   Example:
   The UN, established by its charter in 1945, acts as a forum for international cooperation and resolution of disputes among member states. It has legal standing to undertake peacekeeping operations, humanitarian missions, and international development projects.
3. Individuals and Non-State Actors: In specific circumstances, individuals and non-state entities can be considered subjects of international law. This includes heads of state, diplomats, and international organizations’ officials who act on behalf of their states or organizations under international agreements.
   Example:
   Diplomats accredited to foreign countries enjoy privileges and immunities under international law, protecting them from prosecution or arrest in their host countries. They represent their states in diplomatic negotiations and promote international relations.

Illustrative Example:
Scenario: The Philippines signs a bilateral trade agreement with Malaysia to promote economic cooperation and investment between the two countries.

Explanation: In this scenario, both the Philippines and Malaysia are recognized as subjects of international law. They have legal personality to negotiate and enter into treaties that govern their relations concerning trade, investment, and other areas of mutual interest. International law provides the framework within which these agreements are made and enforced, ensuring that states respect their obligations and commitments.

Understanding these key points helps in comprehending how states, international organizations, and individuals interact within the framework of international law, ensuring stability, cooperation, and mutual respect among nations.

Question 4

XII. PUBLIC INTERNATIONAL LAW

D. Diplomatic and Consular Law (Vienna Convention on Diplomatic Relations; Vienna Convention on Consular Relations)

These diplomats include: AMD

Ambassadors: They are the highest-ranking diplomats who represent their country’s head of state or government in the host country. Ambassadors typically oversee diplomatic missions (embassies) and are responsible for maintaining diplomatic relations.

Ministers and Envoys: These are diplomats of varying ranks who represent their governments in specific diplomatic or political capacities. They may also serve as heads of mission in embassies or in other specialized diplomatic roles.

Diplomatic Staff: These are officials who work in embassies or consulates under diplomatic status. They assist in various diplomatic functions, including political, economic, cultural, and administrative matters.

Answer 4

1) Vienna Convention on Diplomatic Relations (VCDR):

• Diplomatic Immunity: Diplomats enjoy immunity from the jurisdiction of the host country, both in terms of personal inviolability and immunity from civil and criminal jurisdiction.
• Respect for Premises: The premises of diplomatic missions are inviolable, and the host country must ensure their protection from intrusion or damage.
• Example: If a foreign diplomat in the Philippines is accused of a serious crime, they cannot be prosecuted in Philippine courts due to diplomatic immunity. Instead, the sending state may choose to waive immunity or recall the diplomat for prosecution.

2) Vienna Convention on Consular Relations (VCCR):

• Functions of Consular Posts: Consular posts provide various services to nationals of the sending state, including issuing visas, assisting in emergencies, and promoting trade and cultural relations.
• Access to Nationals: Consular officers have the right to visit and communicate with nationals of the sending state who are detained or imprisoned in the host country.
• Example: If a Filipino national is arrested in a foreign country, Philippine consular officers can visit them in detention, provide legal assistance, and ensure their rights are respected under international law.

3) Legal Framework: Both conventions establish a framework for diplomatic and consular relations that promotes peaceful international relations, facilitates international cooperation, and protects the interests of sending states and their nationals abroad.

Understanding these key points ensures that diplomatic and consular activities in the Philippines adhere to international legal norms, promoting effective communication between states and protecting the rights of diplomats and nationals under international law.

Question 5

XII. PUBLIC INTERNATIONAL LAW

E. Treaties; Vienna Convention on the Law of Treaties

intAgr bet S govrnd by iL

Treaty on treaties - estab rules on how what T

Answer 5

Based on the search results, here are the key points to remember about treaties and the Vienna Convention on the Law of Treaties (VCLT):

1. Definition of a Treaty:
   
   • An international agreement concluded between states in written form and governed by international law.
   • Can be in a single instrument or multiple related instruments.
2. Vienna Convention on the Law of Treaties:
   
   • Adopted on 23 May 1969, entered into force on 27 January 1980.
   • Known as the “treaty on treaties”.
   • Establishes comprehensive rules for how treaties are drafted, amended, interpreted, and terminated.
3. Scope of VCLT:
   
   • Applies to treaties between states.
   • Does not directly govern treaties involving international organizations.
4. Key Principles:
   
   • Pacta sunt servanda (agreements must be kept)
   • Free consent
   • Good faith
5. Important Articles:
   
   • Article 26: Pacta sunt servanda
   • Article 31-33: Rules of treaty interpretation
   • Article 53: Defines jus cogens (peremptory norms)
   • Article 62: Fundamental change of circumstances
6. Treaty Formation:
   
   • Consent to be bound can be expressed through ratification, acceptance, approval, or accession.
7. Reservations:
   
   • States can make reservations to exclude or modify certain treaty provisions.
8. Interpretation:
   
   • Treaties should be interpreted in good faith, according to the ordinary meaning of terms in their context and in light of the treaty’s object and purpose.
9. Invalidity and Termination:
   
   • Grounds for invalidity include error, fraud, corruption, and coercion.
   • Treaties can be terminated or suspended under certain conditions.
10. Customary International Law:
    
    • Many provisions of the VCLT are considered reflective of customary international law, binding even on non-parties.

Remember that while the VCLT provides the framework for treaty law, customary international law continues to govern questions not regulated by the Convention.

Question 6

XII. PUBLIC INTERNATIONAL LAW

F. Nationality and Statelessness ( RA 9225 HAGUE CONVENTION)

Legal bond bet ind & State

When ona is not a Nat of any S

Answer 6

Key Points:

1. Nationality:
   Refers to the LEGAL BOND between an individual and a state,
   entitling the person to the Rights and Privileges of citizenship, such as the right to vote, protection abroad, and access to social services.
2. Statelessness:
   Occurs when an individual is NOT CONSIDERED a national by any state under its laws. Stateless persons are often denied basic rights that nationals enjoy, such as access to education, healthcare, and employment.
3. RA 9225 (Citizenship Retention and Reacquisition Act of 2003): This Philippine law allows former Filipino citizens who have acquired foreign citizenship to retain or reacquire Philippine citizenship, thereby addressing cases of dual nationality.
4. Hague Convention on Nationality (1930): Provides guidelines for DETERMINING nationality, preventing statelessness, and regulating the loss and acquisition of nationality. It encourages states to adopt measures to reduce cases of statelessness.

Example Illustration:

Scenario: Maria, a Filipino citizen, marries John, a foreign national, and acquires his nationality. They live abroad for several years, during which Maria loses her Filipino citizenship due to acquiring foreign nationality.

Explanation: Under RA 9225, Maria can retain her Filipino citizenship by reacquiring it through a process prescribed by Philippine law. This allows her to regain the rights and privileges of Philippine citizenship, including the ability to own land in the Philippines and engage in economic activities reserved for Filipinos.

Understanding these key principles helps in navigating issues related to nationality and statelessness, ensuring protection and recognition of individuals’ rights under international and Philippine laws.

Question 7

XII. PUBLIC INTERNATIONAL LAW

G. Jurisdiction of States
1. Territoriality Principle
2. Nationality Principle
3. Protective Principle
4. Universality Principle
5. Passive Personality Principle
6. Conflicts of Jurisdiction

Answer 7

Jurisdiction of States under Public International Law

1. Territoriality Principle:
   
   • A state has jurisdiction over actions and events occurring within its own territory.
   • Example:
     If a crime is committed in France, French courts have the authority to prosecute the offender.
2. Nationality Principle:
   
   • A state has jurisdiction over its nationals, regardless of where they are located.
   • Example:
     A U.S. citizen committing a crime abroad can be prosecuted under U.S. law.
3. Protective Principle:
   
   • A state can exercise jurisdiction over actions that threaten its security, even if conducted by foreigners outside its territory.
   • Example:
     A foreign national plotting a terrorist attack against the U.K. can be prosecuted by U.K. authorities.
4. Universality Principle:
   
   • Any state can claim jurisdiction over certain serious crimes of international concern, such as piracy or genocide, regardless of where they occur or the nationality of the perpetrators.
   • Example:
     A pirate captured by the Spanish navy on the high seas can be tried in Spain.
5. Passive Personality Principle:
   
   • A state can claim jurisdiction over crimes committed against its nationals abroad.
   • Example:
     If a Japanese tourist is murdered in Brazil, Japanese courts may prosecute the perpetrator.
6. Conflicts of Jurisdiction:
   
   • Occur when multiple states claim jurisdiction over the same case, often resolved through diplomatic negotiations or international treaties.
   • Example:
     A multinational corporation accused of environmental violations in multiple countries may face legal actions in several jurisdictions, requiring coordination to determine the primary forum for prosecution.

Mnemonic: “TNPUPC” (Territoriality, Nationality, Protective, Universality, Passive Personality, Conflicts)

This summary provides a clear and concise explanation of each principle, along with examples to illustrate their application in real-world scenarios.

Question 8

XII. PUBLIC INTERNATIONAL LAW

H. Treatment of Aliens; Extradition and Deportation

Answer 8

1. Treatment of Aliens:
   
   • Legal Rights: Aliens in the Philippines are entitled to certain fundamental rights under the Constitution and international law, including the right to due process and protection against arbitrary treatment.
   • Regulation: The entry, stay, and deportation of aliens are regulated by Philippine immigration laws, which must comply with international human rights standards.
   • Example: An alien residing in the Philippines has the right to legal representation and fair treatment in immigration proceedings, ensuring their rights are respected during deportation proceedings.
2. Extradition:
   
   • Definition: Extradition is the legal process by which one country requests and obtains the surrender of a person accused or convicted of a crime in another country for trial or punishment.
   • Legal Basis: The Philippines follows extradition treaties and agreements with other countries, ensuring that extradition requests meet legal criteria and protect the rights of the accused.
   • Example: The Philippines extraditing a foreign national to the United States based on a valid extradition treaty for prosecution in a criminal case involving financial fraud.
3. Deportation:
   
   • Definition: Deportation refers to the expulsion of an alien from the Philippines for various reasons, including violation of immigration laws or national security concerns.
   • Legal Process: Deportation proceedings must comply with due process, allowing the alien an opportunity to contest the deportation order and present defenses.
   • Example: The Philippine government deporting a foreign national who overstayed their visa and violated immigration laws, following proper legal procedures and respecting the alien’s rights throughout the process.

Understanding these key points ensures that the treatment of aliens, extradition, and deportation in the Philippines adheres to international legal standards, safeguarding both the rights of aliens and the national interests of the country.

Question 9

XII. PUBLIC INTERNATIONAL LAW

I. International Human Rights Law
(The United Nations’ Universal Declaration of Human Rights)

Answer 9

Certainly! Here are the key points to remember for the bar exam regarding International Human Rights Law based on the United Nations’ Universal Declaration of Human Rights (UDHR), along with an example:

KEY POINTS

1. Universality and Inalienability: Human rights are universal, applying to all individuals regardless of nationality, ethnicity, religion, or other status. They are inherent to every person and cannot be taken away.
2. Interdependence and Indivisibility: Human rights are interconnected and indivisible. Civil, political, economic, social, and cultural rights are interrelated and equally important.
3. Non-Discrimination: All individuals are entitled to human rights without discrimination based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.
4. Rights and Responsibilities: While individuals have rights, they also have responsibilities to respect the rights of others and uphold societal norms that protect human dignity.
5. Accountability and Remedies: States have a duty to protect and promote human rights and provide effective remedies for violations. International mechanisms, such as UN bodies and courts, provide avenues for redress when national systems are inadequate.

Example Illustration:

Scenario: In the Philippines, a group of indigenous people protests against a government-backed project that threatens their ancestral land. The authorities respond with excessive force, resulting in injuries and deaths among the protesters.

Explanation: The right to peaceful assembly and the right to life are protected under the UDHR. The use of excessive force by authorities violates these rights. In this scenario, international human rights law would require the government to investigate the incident, hold accountable those responsible for the violations, and provide compensation to the victims or their families.

Question 10

XII. PUBLIC INTERNATIONAL LAW

J. International Humanitarian Law (R.A. No. 9851)
1. War Crimes, Genocide, and Other Crimes against Humanity – Sections 4-6

Discuss War crimes

Answer 10

1. Definition of War Crimes:
   
   • War crimes are defined as grave breaches of the Geneva Conventions of 12 August 1949.
   • They include acts committed against persons or property protected under the Geneva Conventions.
2. Categories of War Crimes:
   
   • International Armed Conflict: Includes acts like willful killing, torture, extensive destruction of property, taking hostages, and more.
   • Non-International Armed Conflict: Covers serious violations of common Article 3, such as violence to life, outrages upon personal dignity, and the taking of hostages.
   • Other Serious Violations: Includes acts like intentionally targeting civilians or civilian objects, employing prohibited means of warfare, and using starvation of civilians as a method of warfare.
3. Penalties:
   
   • Persons found guilty of committing war crimes specified under this section shall suffer the penalties provided under Section 7 of the Act.

Example Illustration:

Scenario: During an armed conflict, a military commander orders an attack on a village known to be populated mostly by civilians, in order to intimidate the local population.

Explanation: This act could be considered a war crime under the section dealing with international armed conflict. Specifically, it violates the prohibition against intentionally directing attacks against civilians or civilian objects, which are not military objectives. Such an attack causes disproportionate harm to civilians compared to any military advantage gained, making it a grave breach of the Geneva Conventions.

This summary and example help illustrate the gravity and specific criteria that define war crimes under international humanitarian law, ensuring accountability for actions that violate these principles during armed conflicts.

Question 11

XII. PUBLIC INTERNATIONAL LAW

J. International Humanitarian Law (R.A. No. 9851)

2. Jurisdiction and Double Jeopardy – Section 17

Answer 11

1. Jurisdictional Scope:
   
   • The State (Philippines) has jurisdiction over persons, whether military or civilian, suspected or accused of committing crimes defined and penalized in this Act.
   • Jurisdiction applies regardless of where the crime is committed under the following conditions:
2. Conditions for Jurisdiction:
   
   • The accused is a Filipino citizen.
   • The accused, regardless of citizenship or residence, is present in the Philippines.
   • The accused has committed the crime against a Filipino citizen.
3. International Cooperation:
   
   • In the interest of justice, Philippine authorities may choose not to investigate or prosecute a crime under this Act if another court or international tribunal is already handling the case.
   • Instead, they may surrender or extradite suspected or accused persons to the appropriate international court or another State under applicable extradition laws and treaties.
4. Limitations on Prosecution:
   
   • Foreign nationals suspected or accused of committing crimes under this Act cannot be criminally prosecuted in the Philippines if they have already been tried by a competent court outside the Philippines for the same offense and acquitted, or convicted and served their sentence.

Example Illustration:

Scenario: A foreign national, residing in the Philippines, is accused of committing genocide against a Filipino community.

Explanation: Under Section 17 of the Act, the Philippines has jurisdiction over the foreign national because the crime was committed against Filipino citizens (Condition (c)). However, if the foreign national has already been acquitted or convicted and served their sentence by an international court or another State for the same offense, Philippine authorities cannot initiate criminal proceedings against them, ensuring respect for principles of international law and preventing double jeopardy.

Understanding these key points helps in recognizing the jurisdictional principles underpinning the Act and the conditions under which the Philippine authorities can exercise their legal authority in cases involving international crimes.

Question 12

XII. PUBLIC INTERNATIONAL LAW

J. International Humanitarian Law (R.A. No. 9851)

3. Irrelevance of Official Capacity – Section 9

Answer 12

Here’s a summary of the key points of Section 9 for easy memorization:

1. Equal Application:
   
   • The Act applies equally to all persons, regardless of official capacity.
2. No Exemption for Officials:
   
   • Official positions (e.g., head of state, government member, elected representative) do not exempt from criminal responsibility or reduce sentences.
3. Limited Immunity:
   
   • Only the Philippine President has constitutional immunity from suit during tenure.
4. Jurisdiction Over Officials:
   
   • Other immunities or special procedural rules under Philippine law do not bar court jurisdiction.
5. International Immunities:
   
   • Immunities under international law may limit the Act’s application, but only within established international law bounds.

Mnemonic: “ENOIJ” (Equal application, No exemption, Only presidential immunity, Immunity doesn’t bar Jurisdiction, International immunities may limit)

Example:
A foreign diplomat accused of a crime covered by this Act in the Philippines cannot claim blanket immunity based on their official position. However, their specific diplomatic immunities under international law may affect how the Act is applied in their case.

This summary captures the essential elements of Section 9, emphasizing the Act’s universal application regardless of official status, with limited exceptions for presidential immunity and certain international law provisions.

Question 13

XII. PUBLIC INTERNATIONAL LAW

J. International Humanitarian Law (R.A. No. 9851)

4. Responsibility of Superiors – Section 10

Answer 13

Section 10: Responsibility of Superiors

Key Points:

1. Criminal Responsibility:
   
   • A superior is criminally responsible for crimes committed by subordinates under their effective command or control.
2. Knowledge of Crimes:
   
   • The superior knew or should have known that the subordinates were committing or about to commit such crimes.
3. Failure to Act:
   
   • The superior failed to take all necessary and reasonable measures to prevent or repress the crimes or to report them to competent authorities.

Example:
A military commander is aware that soldiers under their command are planning to commit war crimes. Despite this knowledge, the commander does nothing to prevent the crimes or report them. As a result, the commander is held criminally responsible for the actions of the soldiers.

Mnemonic: “Command, Know, Act”
- Command: Effective command or control over subordinates
- Know: Knew or should have known about the crimes
- Act: Failure to prevent, repress, or report the crimes

This summary captures the essential elements of Section 10, focusing on the conditions under which a superior is held criminally responsible for the actions of their subordinates.

Question 14

XII. PUBLIC INTERNATIONAL LAW

J. International Humanitarian Law (R.A. No. 9851)

5. Nonprescription – Section 11

Answer 14

Section 11. Non-prescription. - The crimes defined and penalized under this Act, their prosecution, and the execution of sentences imposed on their account, shall not be subject to any prescription.

Question 15

In a dispute between Country A and Country B over the exploitation of newly discovered underwater resources in a contested maritime area, the International Court of Justice (ICJ) is asked to rule. Both countries have ratified the United Nations Convention on the Law of the Sea (UNCLOS), but the convention does not explicitly address the specific type of resource in question. What source(s) of law is the ICJ most likely to rely on primarily in making its decision?

A) Only UNCLOS as an international convention
B) International custom and general principles of law
C) Ex aequo et bono principles
D) Judicial decisions and teachings of publicists

Answer 15

Answer: B) International custom and general principles of law

Legal Reasoning:
While UNCLOS is an important international convention that both countries have ratified, it does not explicitly address the specific resource in question. Therefore, the Court would need to look beyond this convention to make its decision.

In such cases, the ICJ would primarily rely on international custom and general principles of law, which are the second and third sources of law listed in the Court’s statute. International custom, as evidence of a general practice accepted as law, would be particularly relevant in addressing new situations not explicitly covered by existing treaties. The Court would examine how states have behaved in similar situations and whether there’s a consistent practice that has been accepted as law.

General principles of law recognized by civilized nations would also be crucial, especially in dealing with novel issues. These principles could include concepts like equitable use of resources or the duty to cooperate in managing shared resources.

While judicial decisions and teachings of publicists (option D) are valid sources, they are considered subsidiary means for determining rules of law and would not be the primary basis for the Court’s decision.

Option C (ex aequo et bono) is only applicable if both parties explicitly agree to it, which is not mentioned in this scenario and is relatively rare in practice.

Therefore, in this case, the Court would most likely rely primarily on international custom and general principles of law to address this novel issue in maritime resource exploitation.

Question 16

1. A Russian hacker, operating from China, launches a cyberattack on critical infrastructure in the United States, causing significant damage. Which country or countries could potentially claim jurisdiction to prosecute this case?

A) Only Russia
B) Only China
C) Only the United States
D) Russia, China, and the United States

Answer 16

Answer: D) Russia, China, and the United States

Legal Reasoning: This scenario involves multiple principles of jurisdiction:
- Russia could claim jurisdiction based on the Nationality Principle, as the perpetrator is a Russian national.
- China could claim jurisdiction based on the Territoriality Principle, as the crime was committed from its territory.
- The United States could claim jurisdiction based on the Protective Principle, as the attack threatens its national security, and the Territoriality Principle, as the effects of the crime occurred within its territory.

This case exemplifies a potential Conflict of Jurisdiction, where multiple states have valid claims to prosecute the offender.

Question 17

2. An international environmental activist group, registered in Norway, conducts a protest against deep-sea mining in international waters. During the protest, they damage equipment belonging to a Canadian mining company. Which principle of jurisdiction would be LEAST applicable in this case?

A) Territoriality Principle
B) Nationality Principle
C) Protective Principle
D) Passive Personality Principle

Answer 17

Answer: A) Territoriality Principle

Legal Reasoning: The Territoriality Principle would be least applicable because the incident occurred in international waters, outside any state’s territory. The other principles could potentially apply:
- Nationality Principle: Norway could claim jurisdiction over the activist group registered there.
- Protective Principle: Canada might argue jurisdiction to protect its economic interests.
- Passive Personality Principle: Canada could claim jurisdiction as its company (a legal “national”) was the victim.

This scenario highlights the complexities of jurisdiction in international waters and involving non-state actors.

Question 18

3. A dual citizen of France and Algeria is accused of committing war crimes in Syria. The International Criminal Court (ICC) seeks to prosecute the individual, but both France and Algeria also claim jurisdiction. Which of the following statements is most accurate?

A) Only the ICC has jurisdiction due to the Universality Principle.
B) France and Algeria have exclusive jurisdiction based on the Nationality Principle.
C) Syria has exclusive jurisdiction based on the Territoriality Principle.
D) The ICC, France, Algeria, and Syria could all potentially claim jurisdiction.

Answer 18

Answer: D) The ICC, France, Algeria, and Syria could all potentially claim jurisdiction.

Legal Reasoning: This complex scenario involves multiple jurisdictional claims:
- The ICC could claim jurisdiction based on the Universality Principle, as war crimes are considered crimes of universal jurisdiction.
- France and Algeria could claim jurisdiction based on the Nationality Principle, as the accused is a citizen of both countries.
- Syria could claim jurisdiction based on the Territoriality Principle, as the crimes were committed on its territory.

This case exemplifies a significant Conflict of Jurisdiction. The resolution would likely involve diplomatic negotiations and consideration of which forum is best suited to ensure justice is served. The principle of complementarity in international criminal law would also be relevant, potentially giving primacy to national courts unless they are unwilling or unable to prosecute effectively.

Question 19

Challenging MCQ on Section 9 of the Anti-Money Laundering Act (AMLA) 2012

Scenario: A regional governor in the Philippines is suspected of laundering money through a network of shell companies. The governor claims immunity from prosecution under the AMLA due to their elected position.

Question: Can the governor be prosecuted under the AMLA?

Answer 19

Answer: Yes, the governor can be prosecuted under the AMLA.

Legal Reasoning:

• Section 9 of the AMLA emphasizes equal application (“ENOIJ” mnemonic): The Act applies to all persons regardless of official capacity. There is no exemption for elected officials like governors.
• Limited Immunity: Only the Philippine President enjoys constitutional immunity from suit during their term.

While the governor holds an elected office, they do not possess the same level of immunity as the President. Section 9 ensures that even special procedural rules or immunities under Philippine law cannot prevent the court from exercising jurisdiction in AMLA cases.

However, International Immunities: International law may offer the governor certain diplomatic immunities depending on their specific role and any applicable treaties. This doesn’t automatically prevent prosecution but could influence the process (e.g., requiring waiver of immunity or specific procedures).

In conclusion, the AMLA applies to the governor, and they can be prosecuted. International immunities under specific circumstances might impact the process, but they wouldn’t completely bar prosecution.

Question 20

XII. PUBLIC INTERNATIONAL LAW

J. International Humanitarian Law (R.A. No. 9851)
1. War Crimes, Genocide, and Other Crimes against Humanity – Sections 4-6

G - destr eth, rac, soc,

Answer 20

Certainly! Here are the key points from Section 5 of the Act concerning Genocide for easy memorization:

Key Points:

1. Definition of Genocide:
   
   • Genocide means committing any of the following acts with the intent to destroy, in whole or in part, a national, ethnic, racial, religious, social, or any other similar stable and permanent group:
     
     • Killing members of the group.
     • Causing serious bodily or mental harm to members of the group.
     • Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
     • Imposing measures intended to prevent births within the group.
     • Forcibly transferring children of the group to another group.
2. Prohibition on Incitement to Genocide:
   
   • It is unlawful to directly and publicly incite others to commit genocide.
3. Penalties:
   
   • Any person found guilty of committing any of the acts specified under (a) and (b) shall suffer the penalty provided under Section 7 of the Act.

Example Illustration:

Scenario: In a country with deep ethnic divisions, a political leader publicly encourages their followers to attack and kill members of a specific ethnic group, blaming them for societal problems.

Explanation: This action could constitute genocide under Section 5 of the Act. By inciting violence and promoting the killing of members of a particular ethnic group with the intent to destroy that group in whole or in part, the leader is directly violating the prohibition on incitement to genocide. Such actions are considered grave violations of international law aimed at protecting groups from targeted destruction based on their identity.

Understanding these key points helps in recognizing and preventing acts that amount to genocide, emphasizing the importance of safeguarding human rights and promoting peace and tolerance among different ethnic, racial, religious, and social groups.

Question 21

XII. PUBLIC INTERNATIONAL LAW

J. International Humanitarian Law (R.A. No. 9851)
1. War Crimes, Genocide, and Other Crimes against Humanity – Sections 4-6

Discuss Other Crimes against Humanity

Answer 21

Certainly! Here are the key points from Section 6 of the Act concerning Other Crimes Against Humanity for easy memorization:

Key Points:

1. Definition of Crimes Against Humanity:
   
   • Crimes against humanity refer to any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
     
     • Willful killing.
     • Extermination.
     • Enslavement.
     • Arbitrary deportation or forcible transfer of population.
     • Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law.
     • Torture.
     • Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.
     • Persecution against any identifiable group on various grounds such as political, racial, national, ethnic, cultural, religious, gender, or sexual orientation.
     • Enforced or involuntary disappearance of persons.
     • Apartheid.
     • Other inhumane acts intentionally causing great suffering or serious injury to body or mental or physical health.
2. Scope and Conditions:
   
   • These acts must be committed as part of a widespread or systematic attack against any civilian population.
   • The perpetrator must have knowledge of the attack.
3. Penalties:
   
   • Any person found guilty of committing any of the specified acts shall suffer the penalty provided under Section 7 of the Act.

Example Illustration:

Scenario: During a period of political unrest, a paramilitary group systematically targets members of an ethnic minority, killing, torturing, and forcibly displacing civilians from their homes based on their ethnicity.

Explanation: The actions of the paramilitary group in targeting civilians based on their ethnicity and committing acts such as killing, torture, and forcible displacement constitute crimes against humanity under Section 6 of the Act. These acts are considered grave violations of international law when committed as part of a widespread or systematic attack against a civilian population. Such crimes are subject to severe penalties under international and domestic legal frameworks aimed at preventing and punishing atrocities committed during conflicts or political unrest.

Understanding these key points helps in identifying and condemning acts that constitute crimes against humanity, emphasizing the importance of protecting civilian populations and upholding human rights under international law.

Question 22

Scenario: A foreign national, who is not a resident of the Philippines, is accused of committing genocide against a Filipino community while visiting the country. What conditions must be met for the Philippines to exercise jurisdiction over this individual under Section 17 of the Act?

A. The accused must be a Filipino citizen.
B. The accused must be a resident of the Philippines.
C. The accused must have committed the crime against a Filipino citizen.
D. All of the above.

Answer 22

Answer: C. The accused must have committed the crime against a Filipino citizen.

Legal Reasoning: According to Section 17 of the Act, the Philippines has jurisdiction over persons accused of crimes under the Act if the crime was committed against a Filipino citizen, regardless of the accused’s citizenship or residence status.

Question 23

Question 2:
Scenario: A foreign national is suspected of committing crimes against humanity in the Philippines and is currently being investigated by an international tribunal. What action may the Philippine authorities take under Section 17 of the Act?

A. They must initiate criminal proceedings against the suspect in the Philippines.
B. They may choose not to investigate or prosecute the crime if another court or international tribunal is handling the case.
C. They must extradite the suspect to another State regardless of ongoing proceedings.
D. They must request the suspect’s deportation to the country of their citizenship.

Answer 23

Answer: B. They may choose not to investigate or prosecute the crime if another court or international tribunal is handling the case.

Legal Reasoning: Section 17 of the Act allows Philippine authorities to refrain from initiating criminal proceedings if another court or international tribunal is already investigating or prosecuting the crime, promoting international cooperation and adherence to principles of jurisdictional deference in matters of international crimes.

These questions and answers help illustrate the key provisions and legal principles outlined in Section 17 of the Act concerning jurisdiction over international crimes in the Philippines.

Question 24

Q: The Philippines ratifies an international treaty on maritime rights. A local fishing company immediately files a case in a Philippine court, citing a provision from this treaty to challenge a government regulation. The court is likely to:

A) Dismiss the case, as the treaty needs enabling legislation first
B) Accept the case and apply the treaty provision directly
C) Refer the matter to the Department of Foreign Affairs for interpretation
D) Suspend the case until Congress passes a law incorporating the treaty

Answer 24

Answer: B) Accept the case and apply the treaty provision directly

Legal Reasoning: Under the Doctrine of Incorporation, international treaties ratified by the Philippines are automatically considered part of domestic law without the need for legislative enactment. Therefore, the court can directly apply and interpret the treaty provision in deciding the case, as it is deemed to be incorporated into the Philippine legal system upon ratification.

Question 25

Q: The Philippines signs the fictional “International Convention on Cybercrime Prevention.” A year later, a Philippine citizen is accused of violating a provision of this convention. The prosecution charges the individual directly based on the convention. What is the most likely outcome?

A) The case proceeds, as the convention is automatically part of Philippine law
B) The case is dismissed due to lack of enabling legislation
C) The Supreme Court issues a temporary order to apply the convention pending legislation
D) The case is held in abeyance until the Senate ratifies the convention

Answer 25

Answer: B) The case is dismissed due to lack of enabling legislation

Legal Reasoning: The Doctrine of Transformation requires that international laws, even when ratified, need enabling legislation to be enforceable in domestic courts. In this scenario, without a specific Philippine law incorporating the provisions of the cybercrime convention into domestic legislation, the prosecution cannot directly charge an individual based solely on the international convention. The case would likely be dismissed due to the absence of a domestic law criminalizing the specific act under Philippine jurisdiction.

These questions test understanding of how international law is integrated into Philippine domestic law under the two doctrines, highlighting the key differences in their application and legal effects.

Question 26

A Chinese national, working illegally in the Philippines, is arrested for involvement in a large-scale online gambling operation. The Chinese government requests his extradition for prosecution on fraud charges in China. However, the individual claims he will face torture if returned to China. What is the most likely course of action for Philippine authorities?

A) Immediately extradite the individual to China based on the extradition request
B) Deport the individual to China for violating Philippine immigration laws
C) Grant the individual asylum in the Philippines
D) Conduct a thorough review of the extradition request and the individual’s claims before making a decision

Answer 26

Answer: D) Conduct a thorough review of the extradition request and the individual’s claims before making a decision

Legal Reasoning: This scenario involves complex issues of extradition, deportation, and human rights. While the Philippines has obligations under extradition treaties, it must also consider international human rights law, particularly the principle of non-refoulement, which prohibits returning individuals to countries where they may face torture or persecution. The Philippine authorities must balance their treaty obligations with China against their human rights obligations. They need to verify the extradition request’s validity, investigate the individual’s claims of potential torture, and ensure due process. This thorough review is necessary to comply with both national and international legal standards.

Question 27

A group of foreign environmental activists enters the Philippines on tourist visas but engages in protests against a controversial mining project. The government moves to deport them for violating the terms of their visas. The activists claim their actions are protected under freedom of expression. What is the most appropriate legal approach in this situation?

A) Immediately deport the activists for visa violations
B) Allow the activists to continue their protests without consequence
C) Initiate deportation proceedings while ensuring due process and considering the activists’ rights
D) Grant the activists special visas to continue their environmental work

Answer 27

Answer: C) Initiate deportation proceedings while ensuring due process and considering the activists’ rights

Legal Reasoning: This scenario highlights the tension between immigration law enforcement and the protection of fundamental rights. While the activists have violated the terms of their tourist visas by engaging in political activities, they still have rights under Philippine and international law, including due process and freedom of expression. The appropriate approach is to initiate deportation proceedings as per Philippine immigration laws, but to do so in a manner that respects due process. This includes allowing the activists to present their case, possibly appeal the decision, and ensuring their treatment during the process adheres to human rights standards. The authorities must balance the state’s right to regulate the entry and stay of foreigners with the obligation to respect fundamental rights, even of non-citizens.

These questions reflect common current issues in the Philippines, such as concerns over illegal gambling operations involving foreign nationals and environmental activism by international groups, while testing understanding of the complex legal principles involved in treating aliens, extradition, and deportation.

Question 28

A foreign diplomat in the Philippines is caught on video physically assaulting a local employee at a shopping mall. The incident causes public outrage, and there are calls for the diplomat’s arrest. What is the most appropriate course of action for Philippine authorities?

A) Immediately arrest and prosecute the diplomat in Philippine courts
B) Declare the diplomat persona non grata and demand their immediate departure
C) Request the sending state to waive the diplomat’s immunity for prosecution
D) Take no action, as diplomatic immunity provides absolute protection

Answer 28

Answer: C) Request the sending state to waive the diplomat’s immunity for prosecution

Legal Reasoning: This scenario involves the principle of diplomatic immunity under the VCDR. While diplomats enjoy immunity from criminal jurisdiction in the host country, this immunity is not absolute. In cases of serious crimes, the appropriate action is to request the sending state to waive the diplomat’s immunity. This approach respects the diplomat’s immunity while also addressing the gravity of the alleged offense. If the sending state refuses to waive immunity, the Philippines could then consider option B, declaring the diplomat persona non grata. This approach balances respect for diplomatic conventions with the need for justice and public safety.

Question 29

A group of Filipino workers in a Middle Eastern country is arrested and detained without access to legal representation. The Philippine embassy is not informed of their arrest for several days. What legal recourse does the Philippines have under international law?

A) Immediately recall its ambassador from the host country
B) File a case against the host country in the International Court of Justice
C) Demand immediate consular access and lodge a formal protest
D) Impose economic sanctions on the host country

Answer 29

Answer: C) Demand immediate consular access and lodge a formal protest

Legal Reasoning: This scenario involves the rights of consular access under the VCCR. Article 36 of the VCCR stipulates that consular officers have the right to visit their nationals who are in prison, custody, or detention, and to arrange for their legal representation. The host country’s failure to promptly inform the Philippine embassy of the arrests is a violation of this convention. The appropriate initial response is to demand immediate consular access and lodge a formal protest. This action asserts the Philippines’ rights under international law while seeking a diplomatic resolution. If the host country continues to deny access, the Philippines could then consider escalating the matter through diplomatic channels or international legal mechanisms.

These questions reflect current issues in the Philippines, such as incidents involving diplomatic immunity and the protection of overseas Filipino workers, while testing understanding of the complex legal principles involved in diplomatic and consular relations under international law.

Question 30

The Philippines and China are engaged in a territorial dispute over certain islands in the South China Sea. The Philippines decides to bring the case to an international tribunal. Which of the following best describes the legal standing of the parties involved?

A) Only China, as a permanent member of the UN Security Council, has legal standing in international tribunals
B) The Philippines lacks legal standing as it’s a smaller state compared to China
C) Both the Philippines and China have equal legal standing as sovereign states under international law
D) The dispute can only be resolved through bilateral negotiations, not international tribunals

Answer 30

Answer: C) Both the Philippines and China have equal legal standing as sovereign states under international law

Legal Reasoning: This question addresses the concept of states as primary subjects of international law. Regardless of their size, economic power, or UN Security Council status, all sovereign states are equal subjects of international law. Both the Philippines and China, as recognized sovereign states, have the legal capacity to engage in international relations, including bringing disputes to international tribunals. The principle of sovereign equality is a fundamental concept in international law, ensuring that all states have equal rights and obligations in the international legal system.

Question 31

A multinational corporation operating in the Philippines is accused of severe environmental violations affecting local communities. A group of affected individuals seeks to file a case against the corporation in an international human rights court. Which of the following statements is most accurate regarding this situation?

A) The individuals can directly sue the corporation in an international court
B) Only the Philippine government can bring the case to an international court
C) The corporation, as a non-state actor, is not subject to international law
D) The individuals may seek redress through domestic courts or by petitioning their government to take action internationally

Answer 31

Answer: D) The individuals may seek redress through domestic courts or by petitioning their government to take action internationally

Legal Reasoning: This question tests understanding of the limited role of individuals and non-state actors in international law. While individuals and corporations are increasingly recognized in certain aspects of international law, they generally do not have direct standing in most international courts. The primary subjects of international law remain states. In this case, the affected individuals would typically need to exhaust domestic legal remedies first. If these prove inadequate, they could petition the Philippine government to take up their cause in international forums. The government, as a state subject of international law, could then potentially bring the case to an appropriate international body or use diplomatic channels to address the issue with the corporation’s home country.

These questions reflect current issues such as territorial disputes in the South China Sea and corporate responsibility for environmental damage, while testing understanding of the complex legal principles involved in the subjects of international law.

Question 32

COMPARE PUBLIC INTERNATIONAL LAW VS PRIVATE INTERNATIONAL LAW

KEY DIFFERENCES

1. Scope and Subject Matter:
   
   • Public International Law: Focuses on state-to-state relations and international entities.
     
     • Example: Treaties on climate change like the Paris Agreement.
   • Private International Law: Focuses on private individuals and businesses across borders.
     
     • Example: Cross-border divorce proceedings involving citizens of different countries.
2. Legal Sources:
   
   • Public International Law: Relies on international treaties and customary international law.
     
     • Example: The Rome Statute establishing the International Criminal Court.
   • Private International Law: Relies on national statutes and international agreements specific to private law.
     
     • Example: The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
3. Enforcement Mechanisms:
   
   • Public International Law: Enforced by international bodies and through diplomatic means.
     
     • Example: Sanctions imposed by the United Nations Security Council.
   • Private International Law: Enforced by domestic courts which apply international principles.
     
     • Example: A French court enforcing a U.S. court judgment under the principles of comity.

These differences highlight how public international law governs state and international organization interactions, while private international law resolves cross-border private disputes, each with distinct sources and enforcement mechanisms.

Answer 32

Comparison of Public International Law vs. Private International Law:

1. Scope and Subject Matter:
- Public International Law: Governs relationships between sovereign states and international organizations.
- Example: The United Nations Charter regulates the conduct of states and their interactions.
- Private International Law: Deals with conflicts of laws and jurisdictional issues in cross-border private disputes.
- Example: A contractual dispute between a company in the Philippines and a company in Japan, determining which country’s laws apply.

2. Legal Sources:
- Public International Law: Derived from treaties, conventions, international customs, and general principles recognized by civilized nations.
- Example: The Geneva Conventions on the treatment of war prisoners are treaties that bind signatory states.
- Private International Law: Based on national laws, bilateral treaties, and international agreements that address private legal matters.
- Example: The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters.

3. Enforcement Mechanisms:
- Public International Law: Enforced through international courts (e.g., International Court of Justice), diplomatic negotiations, and sanctions.
- Example: The International Court of Justice adjudicates disputes between states, such as boundary conflicts.
- Private International Law: Enforced through national courts which apply conflict of laws principles to resolve disputes.
- Example: A U.S. court applying Philippine law to a custody case involving parents from different countries.

Question 33

The Philippines and China have a territorial dispute over islands in the South China Sea. Which body of law primarily governs this dispute?

a) Philippine domestic law
b) Chinese domestic law
c) Private international law
d) Public international law

Answer 33

Answer: d) Public international law

Legal reasoning: This dispute involves sovereign states (the Philippines and China) over territorial claims, which falls squarely within the scope of public international law. Such disputes are typically resolved through international courts or tribunals, like the Permanent Court of Arbitration, which ruled on this issue in 2016 under the United Nations Convention on the Law of the Sea (UNCLOS).

Question 34

2. A Filipino worker in Saudi Arabia wants to file a labor complaint against their Saudi employer. Which law would likely apply to this case?

a) Philippine labor law exclusively
b) Saudi labor law exclusively
c) A combination of Philippine and Saudi law, determined by conflict of laws principles
d) International Labor Organization (ILO) conventions only

Answer 34

Answer: c) A combination of Philippine and Saudi law, determined by conflict of laws principles

Legal reasoning: This scenario involves a private dispute with international elements, falling under private international law. The applicable law would be determined by conflict of laws principles, considering factors such as the place of employment, the nationality of the parties, and any choice of law clauses in the employment contract. Both Philippine and Saudi laws might be relevant, with the court deciding which law applies to different aspects of the case.

Question 35

3. The Philippines ratifies a new international treaty on cybercrime. How does this affect Philippine domestic law?

a) The treaty automatically becomes part of Philippine law without need for legislation
b) The treaty has no effect until implementing legislation is passed
c) The treaty only applies to cases involving other signatory countries
d) The treaty supersedes all existing Philippine laws on cybercrime

Answer 35

Answer: b) The treaty has no effect until implementing legislation is passed

Legal reasoning: The Philippines follows a dualist approach to international law, meaning international treaties do not automatically become part of domestic law. Under the Philippine Constitution, while the Philippines adopts generally accepted principles of international law as part of the law of the land, treaties require implementing legislation to have domestic effect. This ensures that the legislature has a role in determining how international obligations are incorporated into national law, especially in areas like criminal law where domestic concerns are paramount.

Question 36

The Philippines is considering withdrawing from a multilateral environmental treaty due to economic concerns. Which of the following statements is most accurate regarding the potential withdrawal?

a) The Philippines can immediately withdraw if it cites fundamental change of circumstances.
b) The Philippines must follow the withdrawal procedure specified in the treaty, if any.
c) The Philippines can unilaterally withdraw without consequences as sovereignty allows it.
d) The Philippines needs approval from all other treaty parties to withdraw.

Answer 36

Answer: b) The Philippines must follow the withdrawal procedure specified in the treaty, if any.

Legal reasoning: According to Article 54 of the VCLT, a state may withdraw from a treaty in conformity with the provisions of the treaty or by consent of all parties. If the treaty specifies a withdrawal procedure, the Philippines must follow it. This ensures orderly withdrawal and respects the pacta sunt servanda principle. Economic concerns alone do not automatically justify immediate withdrawal under the “fundamental change of circumstances” doctrine (rebus sic stantibus), which is narrowly interpreted under Article 62 of the VCLT.

Question 37

In a dispute over maritime boundaries with a neighboring country, the Philippines seeks to interpret a bilateral treaty. The treaty text is ambiguous, but there are clear statements of intent in the travaux préparatoires (preparatory work). How should the treaty be interpreted according to the VCLT?

a) Only the literal text of the treaty should be considered, regardless of ambiguity.
b) The travaux préparatoires should be the primary source for interpretation.
c) The treaty should be interpreted primarily based on its text, context, and purpose, with travaux préparatoires as a supplementary means.
d) The most recent statements by either country’s officials should determine the interpretation.

Answer 37

Answer: c) The treaty should be interpreted primarily based on its text, context, and purpose, with travaux préparatoires as a supplementary means.

Legal reasoning: This aligns with Articles 31 and 32 of the VCLT. Article 31 establishes the general rule of interpretation, which focuses on the treaty’s text, context, and purpose. Article 32 allows recourse to supplementary means of interpretation, including travaux préparatoires, particularly when the interpretation under Article 31 leaves the meaning ambiguous or leads to an unreasonable result. Therefore, while the travaux préparatoires can be considered, they are not the primary source of interpretation and should be used to confirm or clarify the meaning derived from the application of Article 31.