Public International Law

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  3/11/20191 PUBLIC INTERNATIONAL LAW ATTY. JONNIE L. DABUCO SETTLEMENT OF INTERNATIONAL DISPUTES  Amicable Methods 1. Negotiation 2. Inquiry 3. Good Offices 4. Mediation 5. Conciliation 6. Arbitration 7.  Judicial Settlement 8. Resort to Regional and Internationlorganization Hostile Methods  1. Retorsion-  2. Reprisals  3. Intervention  4. War WAR  Armed contention between the public forces of states or other belligerent communities, implying the employment of force between the parties for the purpose of imposing their respective demands upon each other. When does war commence?  With a declaration of war  With the rejection of ultimatum  With the commission of an act of force regarded by at least one of the parties as an act of war. General effects of the outbreak of war  Laws of peace ceases to regulate the relations of the belligerents and are superseded by the laws of war. Third states are governed by the laws of neutrality in their dealings with the belligerents  Diplomatic and consular relations are terminated.  Treaties are cancelled except those intended to operate during war  3/11/20192 How is character of individuals determined  Domiciliary test  Nationality test  Activities test Who are combatants?  Members of the armed forces  Irregular forces provided they are:1. commanded by a person responsible for his subordinates2. they wear fixed, distinctive sign recognizable at a distancecarry arms openly3. they conduct their operations in accordance with the LOW  Inhabitants of unoccupied territory who, on approach of the enemy, spontaneously take arms to resist invading troops provided they carry arms openly and operate in accordance with the LOW  Officers and crews of merchant vessel who forcibly resist attack  Rights of captured combatants  Respect commensurate with their rank   Adequate food and clothing  Safe and sanitary quarters  Medical assistance  Refuse to give military information or render military service against their own state  Communicate with their family Basic principles underlying the laws of war  Principle of military necessity  Principle of humanity  Principle chivalry According to Jean-Jacques Rousseasu: “ War is in no way a relationship of man with man but a relationship between states, in which individuals are enemies only by accident; not as men, nor even as citizens, but as soldiers (...). Since the object of war is to destroy the enemy state, it is legitimate to kill the latter’s defenders as long as they are carrying arms; but as soon as they lay them down and surrender, they cease to be enemies or agents of the enemy, and again become mere men, and it is no longer legitimate to take their lives”.  3/11/20193 Principle of necessity  Belligerents may, subject to the other two principles, employ any amount and kind of force to compel the complete submission of the enemy with the least possible loss of lives, time and money. Principle of humanity  Prohibits the use of any measure that is not absolutely necessary for the purposes of the war, such as the poisoning of wells and weapons, the employment of dum-dum or expanding bullets and asphyxiating gases, the destruction of works of art and property devoted to religious and humanitarian purposes, the bombarding of undefended places, and attack on hospital ships. Pillage is prohibited. Treatment of hors de combat also come under this principle Principle of chivalry  Requires belligerents to give proper warning before launching a bombardment or prohibit the use of perfidy in the conduct of hostilities. Ruse and strategemare allowed.  Use of Red Cross emblem is prohibited  False flag is prohibited in land warfare  But war vessels may sail under flag not their own, subject to the requirement that they haul it and hoist their own flag before attack.  Espionage is not prohibited. Fundamental principles of IHL  Principle of Distinction  Principle of Proportionality  Principle of military necessity ICRC statements which sums up the basic rules governing armed conflicts: The Soldier’s Rule  1. Be a disciplined soldier. Disobedience of the laws of war dishonoursyour army and yourself and causes unnecessary suffering; far from weakening the enemy’s to fight, it often strengthens it.  2. Fight only enemy combatants and attack only military objectives.  3. Destroy no more than your mission requires.  3/11/20194  4. Do not fight enemies who are out of combat’ ( hors de combat) or who surrender. Disarm them and hand them over to your superior.  5. Collect and care for the wounded and sick, be they friend or foe.  6. Treat all civilians and all enemies in your power with humanity.  7. Prisoners of war must be treated humanely and are bound to give only information about their identity. No physical or mental torture of prisoners of war is permitted.  8. Do not take hostages.  9. Abstain from all acts of vengeance.  10. Respect all persons and objects bearing the emblem of the red cross, red crescent, red lion and sun, the white flag of truce or emblems designating cultural property.  11. Respect other people’s property. Looting is prohibited.  12. Endeavour to prevent any breach of the above rules. Report any violation to your superior. Any breach of the law of war is punishable. Fundamental Rules of IHL applicable to armed conflicts  1. Persons hors de combat and those who dot take a direct part in hostilities are entitled to respect for their lives and moral and physical integrity. They shall in all circumstances be protected and treated humanely without any adverse distinction.  2 . Its is forbidden to kill or injure an enemy who surrenders or is hors de combat.  3. The wounded and sick shall be collected and cared for by the party to the conflict which has then in its power. Protection also covers medical personnel, establishment, transports and equipment. The emblem of the Red Cross or the Red Crescent is the sign of such protection and must be protected.  4. Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives, dignity, personal rights, and convictions. They shall be protected against all acts of violence and reprisals. They shall have the rights to correspond with their families and receive relief.  5. Everyone shall be entitled to benefit from fundamental judicial guarantees. No one shall be responsible for an act he has not committed. No one shall be subjected to physical and mental torture, corporal punishment or cruel or degrading treatment.
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