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Article 491 unclos note the regime of archipelagic sea

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Unformatted text preview: war. 2. Diplomatic and consular relations between the belligerents are terminated. 3. Treaties of political nature are automatically cancelled, but those which are precisely intended to operate during war such as one regulating the conduct of hostilities, are activated. 4. Enemy public property found in the territory of other belligerent at the outbreak of the hostilities is with certain exceptions, subject to confiscation. Note: An army of occupation can only take possession of the cash, funds, and property liable to requisition belonging strictly to the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property of the State which may be used for military operations. (Article 53, Laws and Customs of War on Land (Hague II), July 29, 1899) Q: What are the tests in determining the enemy character of individuals? A: 1. Nationality test – If they are nationals of the other belligerent, wherever they may be. 2. Domiciliary test – If they are domiciled aliens in the territory of the other belligerent, on the assumption that they contribute to its economic resources. 3. Activities test – If, being foreigners, they nevertheless participate in the hostilities in favor of the other belligerent. Q: What is the Principle of Distinction? A: Parties to an armed conflict must at all times distinguish between civilian and military targets and that all military operations should only be directed at military targets. Q: Who are the participants in war? A: 1. Combatants ‐ those who engage directly in the hostilities, and 2. Non‐combatants ‐ those who do not, such as women and children. Q: Who are regarded as combatants? A: 1. Members of the armed forces except those not actively engaged in combat 2. The irregular forces, such as the guerrillas, provided that: a. They are commanded by a person responsible for his subordinates b. They wear a fixed distinctive sign c. They carry arms openly; and ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN:...
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