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INTERNATIONAL HUMANITARIAN LAW (TRIAL TECHNIQUE)

Atty. Carlo Edison Alba

PAO – Trece Martires Cavite (Trese, Gen. Triaz, Tanza)

 International Law on War (All forms of armed conflict)


 To minimize human suffering brought about by armed conflict
 Part of PIL
 Elective – asked in political law in bar
 IHL – allows certain discrimination
 Part of the law of the land because of the doctrine of incorporation – no need for municipal law
to enable it, but congress deemed to enact it.
 Assignment:
o Basic principles of IHL
o History

Book: Jovito Salonga, Isagani Cruz

LESSON 1

 Objective of IHL – to mitigate human suffering


 Red cross/Red crescent
 War – two states engaging in an effort to overpower another in order to enforce its term to
another - hostility (traditional). Without hostility – without armed conflict (ex. North and South
Korea)
 Justification of war – self-preservation, enforcement of action by the UN security council
 War is not eliminated but it is resorted as the last result – states should renounce war as its
national policy (treaty on Paris)
 Principles:
o humanity (prohibition on attacking hospital or hospital personnel, or a person who
raises a white flag),
o proportionality (means employed should be proportional to its military necessity),
o discrimination/distinction (belligerent should discriminate combatant from non-
combatants, avoid military actions against non-combatants, xpn: military necessity to
achieve military objective),
o military necessity (states are allowed all means necessary in order to achieve a military
objective)
 Commencement of war
o Traditional
 Declaration of war
 Imposing an ultimatum
o Modern
 Civil war
 Participants – state, non-state
 Enforcement action by the security council – embargo, economic sanctions, war, Rome statute
which establishes the ICC
 R.A. 9815 - An act

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