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Unformatted text preview: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 253 UST GOLDEN NOTES 2011 d. 3. 4. They conduct their operations in accordance with the laws and customs of war. Levee en Masse –the inhabitants of unoccupied territory who, on approach or the enemy, spontaneously take arms to resist the invading troops without having had time to organize themselves, provided only that they carry arms openly and observe the laws and customs of war. The officers and crew members of merchant vessels who forcibly resist attack. Q: What are armed forces as defined under R.A. 9851? A: These are all organized armed forces, groups and units that belong to a party to an armed conflict which are under a command responsible to that party for the conduct of its subordinates. Q: What are the basic principles that underlie the rules of warfare? A: 1. The principle of military necessity – The belligerent may employ any amount of force to compel the complete submission of the enemy with the least possible loss of lives, time and money. Note: Under R.A. 9851, it is the necessity of employing measures which are indispensible to achieve a legitimate aim of the conflict and not prohibited by IHL 2. 3. The principle of humanity – Prohibits the use of any measure that is not absolutely necessary for the purpose of the war, such as the poisoning of wells. The principle of chivalry – Prohibits the belligerents from the employment of treacherous methods, such as the illegal use of Red Cross emblems. Q: How may war be terminated? A: By: 1. Simple cessation of hostilities, without the conclusion of a formal treaty 2. Treaty of peace 3. Unilateral declaration 254 4. The complete submission and subjugation of one of the belligerents Q: What is Postliminium? A: The revival or reversion to the old laws and sovereignty of territory which has been under belligerent occupation once control of the belligerent occupant is lost over the territory affected. Q: When is the Principle of Postliminium applied? A: Where the territory of...
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