Unformatted text preview: on. (Ronzitti, Cassese, 1975) 1.a. International Armed Conflicts Q: Differentiate between an armed conflict contemplated under the IHL and under R.A. 9851? A: 1. “All cases of declared war or any other armed conflict which may arise between two or more of the Highest contracting parties, even if the State of war is not recognized by one of them” (Article 2, Geneva convention of 1949). It also applies to armed conflict between the government and a rebel or insurgent movement (Article 3, Geneva convention of 1949). 2. Under R.A. 9851, it is any use of force or armed violence between States or a protracted armed violence between governmental authorities and organized groups or between such groups within a State provided that it gives rise or may give rise to a situation to which the Geneva Conventions of 12 August 1949 including their common Article 3, apply Q: What are the instances that are not covered by an armed conflict? A: It does not include internal disturbances or tensions such as: 1. Riots 2. Isolated and sporadic acts of violence 3. Other acts of a similar nature Q: When is a person considered a hors de combat? A: It is any person who: 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: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 259 UST GOLDEN NOTES 2011 1.
3. Is in the power of an adverse party Has clearly expressed an intention to surrender Has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is incapable of defending himself (R.A. 9851) Note: In these cases the person abstains from any hostile act and does not attempt to escape. Q: Who are “Protected persons” in an armed conflict? A: 1. A person wounded, sick or shipwrecked, whether civilian or military 2. A prisoner of war or any person deprived of liber...
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