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Unformatted text preview: one belligerent State is occupied by the enemy during war, the legitimate government is ousted from authority. When the belligerent occupation ceases to be effective, the authority of the legitimate government is automatically restored, together with all its laws, by virtue of the jus postliminium. (1979 Bar Question) Q: What is the Principle of Utipossidetis? A: Allows retention of property or territory in the belligerent’s actual possession at the time of the cessation of hostilitites. Q: What is status quo ante bellum? A: Each of the belligerents is entitled to the territory and property which it had possession of at the commencement of the war. Q: What are the “new” conflicts covered by the IHL? A: 1. Anarchic conflicts – It is a situation where armed groups take advantage of the weakening or breakdown of the State structures in an attempt to grab power. 2. Those in which group identity becomes a focal point – These groups exclude the adversary through “ethnic cleansing” which consists in forcibly displacing or even exterminating populations. This strengthens group feeling to the detriment of the existing national POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. PUBLIC INTERNATIONAL LAW identity, ruling out any possibility of coexistence with other groups. humanitarian rules. Q: Differentiate (IHL) from Human Rights Law. A: INTERNATIONAL HUMANITARIAN LAW HUMAN RIGHTS LAW Applies in situations of armed conflict. Protects the individual at all times in war and peace alike. No derogations are permitted under IHL because it was conceived for emergency situations, namely armed conflict. Some...
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This document was uploaded on 03/12/2014.

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