Supplemental Notes

1. Modes of terminating a diplomatic mission

a. By any of the usual methods of terminating official relations which are governed
by municipal law such as:
a.1. death
a.2 resignation
a.3. removal
a.4. abolition of the office
b. Through the modes governed by international law which are:
b.1. recall May be demanded by the receiving state when the foreign diplomat
became persona non grata to it for any reason.

resort to
offending

b.2. dismissal When the demand for recall is rejected by the receiving state, or
even without making a request for recall, the receiving state may
the more drastic method of dismissal, by means of which the
diplomat is simply asked to leave the country.
c. Outbreak of war between the sending and receiving states

d. Extinction of either state unless the change of government is peaceful where

diplomatic relations will not be disturbed; otherwise it will be disturbed if the
change is effected through violence and the new government has
not yet been
recognized by the receiving state
According to Oppenheim, in either case, there is necessity for the diplomatic agent
to be provided with a new letter of credence.
2. Modes of terminating the consuls office:
a. Through the usual modes of terminating official relations such as removal,
resignation, death, expiration of the term and the like
b. The exequatur may also be withdrawn by the receiving state
c. State of the appointing or receiving state may be extinguished
d. Break out of war between the sending and receiving state
3. Distinction between direct and indirect state responsibility
When international delinquency was committed by superior government officials
or organs like the chief of state or the national legislature, liability will attach
immediately as their acts may not be effectively prevented or reversed under the
constitution and laws of the state. However, where the offense is committed by
inferior government officials or, more so, by private individuals, the state will be held
liable only if, by reason of its indifference in preventing or punishing it, it can be
considered to have connived in effect in its commission.
4. Duty to make reparation after state responsibility is established or acknowledged
Reparation may take the form of restitution or, where this is not possible,
satisfaction or compensation, or all three of these together. Thus, the settlement

may consist of the restoration or replacement of the object of the offense, a formal
apology by the delinquent state and payment of damages as well.
5. Distinctions between arbitration and judicial settlement as amicable methods of
settling disputes
a. The judicial tribunal is, generally speaking, a pre-existing and permanent body
whereas the arbitral tribunal is an ad hoc body created and filled by the parties to
the dispute themselves;
b. Jurisdiction in judicial settlement is usually compulsory whereas submission to
arbitration is voluntary.
c. The law applied by the tribunal in judicial settlement is independent of the will of
the parties but may be limited by them in arbitration proceedings.
6. Compromissary clause
It is a clause contained in a treaty by which state parties thereto accept the
jurisdiction of the ICJ to settle disputes arising from the interpretation or the
application of such treaty. (In the discussion of Fr. Bernas, it is the second mode
through which states accept ICJ jurisdiction.)
7. Drastic steps that may be taken by the Security Council where the terms of
settlement between states it recommended are rejected by any of the parties:
a. Preventive action Measures not involving the use of armed force, such as
complete or partial interruption of economic relations and of rail, sea, air, postal,
telegraphic, radio and other means of communication, and severance of
diplomatic relations
b. Enforcement action Such action by air, sea or land forces as may be necessary
to maintain or restore international peace and security which may include
demonstrations, blockades, and other operations by air, sea, or land forces of the
members of the UN
8. Military Staff Committee of the Security Council
Consists of the chiefs of staff of the permanent members of the Security Council
( The Big Five-China, France, the United Kingdom, Russia and the United States)
Functions: a. is supposed to advise and assist the Security Council on all questions
relating to its military requirements for the maintenance of international peace and
security, the employment and command of forces placed at its disposal, the
regulation of armaments, and possible disarmament; b. shall also be responsible
under the Security Council for the strategic direction of any armed forces placed at
the disposal of the said Council
9. Bellum justum
A just war when it was a reaction to an international delict
10. Effects of the outbreak of war:
a. The laws of peace cease to regulate the relations of the belligerents and are
superseded by the laws of war. Third states are governed by the laws of
neutrality in their dealings with the belligerents.

b. Diplomatic and consular relations between the belligerents are terminated and
their respective representatives are allowed to return to their own countries.
c. Treaties of a political nature, such as treaties of alliance, are automatically
cancelled, but those which are precisely intended to operate during war, such as
one regulating the conduct of hostilities between the parties, are activated.
Multipartite treaties dealing with technical or administrative matters, like postal
conventions, are deemed merely suspended as between the belligerents.
d. Individuals are impressed with enemy character:
d.1. under the nationality test, if they are nationals of the other belligerent,
wherever they may be; d.2. under the domiciliary test, if they are domiciled
aliens in the territory in the territory of the other belligerent, on the assumption
that they contribute to its economic resources; and d.3. under the activities test,
if, being foreigners, they nevertheless participate in the hostilities of the other
belligerent.
Corporations and other juridical persons, on the other hand, are regarded as
enemies if a majority or a substantial portion of their capital stock is in the hands
of enemy nationals or if they have incorporated in the territory or under the laws
of the other belligerent.
e. Enemy public property found in the territory of the other belligerent at the
outbreak of hostilities is, with certain exceptions, subject to confiscation. Enemy
private property may be sequestered, subject to return, reimbursement or other
disposition after the war in accordance with the treaty of peace.
11. The following are regarded as combatants:
a. The members of the armed forces, whether pertaining to the army, the navy or
the air force, except those not actively engaged in combat, such as chaplains
and medical personnel.
b. The iiregular forces, such as the franc tireurs or the guerrillas, provided that: b.1.
they are commanded by a person responsible for his subordinates; b.2. they
wear a distinctive sign recognizable at a distance; b.3. they carry arms openly;
and b.4. they conduct their operations in accordance with the laws of war.
c. The inhabitants of unoccupied territory who, on approach of the enemy,
spontaneously take arms to resist the invading groups without having had time to
organize themselves, provided only that they carry arms openly and observe the
laws and customs of war. This is often referred to as a levee en masse.
d. The officers and crew of merchant vessels who forcibly resist attack.
When captured, combatants are entitled to treatment as prisoners of war, which
includes inter alia the rights to be accorded the proper respect
commensurate with
their rank, to adequate food and clothing, to safe and sanitary
quarters, to medical
assistance, to refuse to give military information or render
military service against
their own state, and to communicate with their families.
Non-combatants do not enjoy identical rights when captured but are nevertheless
protected from inhumane treatment under the Geneva Convention of 1949 relative to
the treatment of civilian persons in time of war.
12. Three basic principles underlying the rules of warfare:

a. principle of military necessity The belligerents may, subject to the other two
principles, employ any amount and kind of force to compel the complete
submission of the enemy with the least possible loss of lives, time and money.
This principle was invoked to justify the atom bombing of Hiroshima and
Nagazaki, the argument being that more lives would have been lost if this drastic
measure had not been taken and an American invasion of the Japanese
mainland had been attempted.
Such other measures as sieges, blockades, bombardments, and devastation of
property, which may involve direct hardships on the non-combatants within the
area affected, are undertaken under this principle.
b. principle of humanity It prohibits the use of any measure that is not absolutely
necessary for the purposes of the war, such as the poisoning of wells and
weapons, the employment of dumdum or expanding bullets and asphyxiating
gases, the destruction of works of art and property devoted to religious or
humanitarian purposes, the bombarding of undefended places, and attack of
hospital ships.
When an enemy vessel is sunk, the other belligerent must see to the safety of
the persons on board.
Pillage (taking of goods by force in time of war) is prohibited.
The wounded and the sick must be humanely treated without distinction of
nationality by the belligerent in whose power they are.
The rule that a combatant who surrenders may not be killed and the agreements
relating to the treatment of prisoners of war also fall under this principle.
c. principle of chivalry It is the basis of such rules as those that require the
belligerents to give proper warning before launching a bombardment or prohibit
the use of perfidy ( treachery, faithlessness)in the conduct of the hostilities.

Cross

Ruses and stratagems of war are allowed provided they do not involve the
employment of treacherous methods, such as the illegal use of Red
emblems to throw the enemy off-guard prior to an attack.

they haul

In this connection, false flags are not allowed in land warfare, but war vessels
may sail under a flag not their own, subject only to the requirement that
it down and hoist their own flag before attacking the other belligerent.

13. When is an individual considered a spy?

If he is acting clandestinely or on false pretenses, he obtains, or seeks to obtain,
information in the zone of operations of a belligerent, with the intention of
communicating it to the hostile party.

Scouts, or soldiers in uniform who penetrate the zone of operations of a hostile

army to obtain information, are not spies and, when captured, should be treated as
prisoners of war.
Spies are subject to the municipal law of the other belligerent except that, as
provided in the Hague Conventions of 1907, a spy taken in the act cannot be
punished without previous trial.
A spy who succeeds in rejoining his army and is later captured incurs no
responsibility for his previous acts of espionage and is entitled to be treated as a
prisoner of war.
14. Theatre of war and region of war
Theatre of war is the place where the hostilities are actually conducted, as
distinguished from the region of war, which is the greater area where the
belligerents may lawfully engage each other. This would comprise their own
territories and the open seas, excluding only neutral territories.
15. Belligerent occupation
One of the usual incidents of war is the occupation of hostile territory by a
belligerent that exercises authority over it until its forces voluntarily withdraw or are
expelled by the enemy. Territory is deemed occupied when it is actually placed
under the authority of the hostile army, but this occupation is limited only to the area
where such authority has been established and can be effectively exercised.
It does not result in transfer or suspension of the sovereignty of the legitimate
government although it may at the moment unable to exercise it. Thus, the
belligerent occupant cannot perform such acts as declaring the independence of the
occupied territory or requiring its inhabitants to renounce their allegiance to the lawful
government.
The belligerent is required to restore peace and ensure public order and safety
while respecting, unless absolutely prevented, the laws in force in the country
particularly with regard to family honor and rights, the lives of persons, private
property, and religious convictions and practice.
The belligerent occupant whenever necessary may promulgate new political and
non-political laws, provided they do not contravene the generally accepted principles
of international law. The political laws are automatically abrogated upon the end of
the occupation but the non-political laws may continue even beyond the occupation
unless they are expressly repealed or modified by the legitimate government.
The occupant is permitted to exact from the populace contributions over and
above the regular taxes for the needs of the army of occupation or for the
administration of the territory. It may also, for valuable consideration, make
requisitions of things or services (excluding military) for the needs of the occupying
forces.

No general penalty, pecuniary or otherwise, can be inflicted on the population on

account of the acts of individuals for which it cannot be regarded as collectively
responsible.
Belligerent occupant is permitted to introduce military currency, provided the
purpose is not to debase the countrys economy (Haw Pia vs China Banking Corp 80
Phil 604).
Private property cannot be confiscated, but those susceptible of military use may
be seized, subject to restoration or compensation when peace is made. The
property of municipalities and of institutions dedicated to religion, charity and
education, and the arts and sciences, even when state-owned, shall be treated as
private property, and their destruction is expressly forbidden.
The army of occupation can only take possession of cash, funds and realizable
securities which are strictly the property of the state, depots of arms, means of
transport, stores and supplies, and generally movable property belonging to the state
which may be used for military operations. All appliances, whether on land, at sea,
or in the air, adapted for the transmission of news, or for the transport of persons or
things, exclusive of cases governed by naval law, depots of arms and generally all
kinds of ammunition of war may be seized but must be restored and compensation
fixed when peace is made.
The occupying state shall be regarded only as administrator and usufructuary of
public buildings, real estate, forests, agricultural estates belonging to the hostile state
and situated in the occupied territory. Thus, in Banaag vs Singson Encarnacion (GR
No. L-493,April 19, 1949), it was held that the lease of five years granted by the
Philippine Executive Commission in 1942 over certain municipal fisheries was
deemed automatically cancelled upon the reestablishment of the Commonwealth
government.
16. Postliminium or right of postliminy

which
authority of
territory

According to Vattel, it is that in which persons or things taken by the enemy are
restored to the former state on coming actually into the power of the nation to
they belong. The jus postliminium also imports the reinstatement of the
the displaced government once control of the enemy is lost over the
affected.

17. Distinctions between neutrality and neutralization:

a. Neutrality is dependent solely on the attitude of the neutral state, which is free to
join any of the belligerents any time it sees fit, while neutralization is the result of
a treaty wherein the duration and the other conditions are agreed upon by the
neutralized state and other powers.
b. The agreement between the neutralized state and other powers governs the
conduct of the signatories whereas neutrality is governed by the general law of
nations.
c. Neutrality obtains only during war while neutralization is intended to operate in
time of peace as well as in time of war.
d. Only states may become neutral but portions of states, like islands, rivers and
canals, may be neutralized.

18. Use of neutral territories is allowed under the following circumstances:

a. The passage of sick and wounded troops provided personnel and materials of
war are not also carried
b. Persons bound for enlistment in the belligerent armies may cross the neutral
frontiers if they do so individually or separately and nota s a body
c. The neutral state may give refuge to troops from the belligerent force but must
intern them as far as possible, at a distance from the theatre of war
d. Escaped prisoners of war need not be detained by the neutral state but must be
assigned a place of residence if they are allowed to remain
e. Passage through the territorial waters of a neutral state by warships or prizes
belonging to belligerents in cases of unseaworthiness, lack of fuel or provisions,
or stress of weather
19. Does enlistment of a national of a neutral state in the belligerent army or engaging in
commerce with any of the belligerents compromise the neutrality of the state?
The neutrality of the state is not compromised in the absence of special rules
imposing upon the neutral state the duty of intervening in the transaction. Except for
this, international law considers the relationship as strictly between the individual and
the belligerent states and whatever hardships may be suffered by its nationals as a
result thereof must, as a rule, be acquiesced in by the neutral state.
20. Contraband
It is the term applied to goods which, although neutral property, may be seized by
a belligerent because they are useful for war and are bound for a hostile destination.
The following are classifications of contrabands:
a. Absolute contraband necessarily useful for war under all circumstances, like
rifles and ammunition; subject to seizure so long as they are bound for enemy or
enemy-held territory
b. Conditional contraband like food and clothes, have both civilian and military
purposes; may be seized only when it can be shown that they are destined for
the armed forces or the authorities of the belligerent government
c. Free list includes goods useful for war and bound for the belligerents but
exempted from the law on contraband for humanitarian reasons such as
medicines and medical supplies for the use of the sick and the wounded
Doctrine of ultimate consumption Under this doctrine, goods intended for civilian
use which may ultimately find their way to and be consumed by the belligerent forces
are also liable to seizure on the way.
Doctrine of infection Under this doctrine, innocent goods shipped together with
contrabands may also be confiscated.
As for the disposition of the vessel carrying the contraband, some states consider it
confiscable if the contraband are more than one-half of the total cargo by weight,
value, freight or volume.
Doctrine of ultimate destination Under this doctrine, liability of contraband to
capture is determined not by their ostensible but by their real destination. The

doctrine of continuous voyage will apply where the goods are reloaded at the
intermediate port on the same vessel while the doctrine of continuous transport
will govern when the goods are reloaded on another vessel or other form of
transportation.
21. Blockade
It is a hostile operation by means of which the vessels and aircraft of one
belligerent prevent all other vessels, including those of neutral states, from entering
or leaving the ports or coasts of the other belligerent, the purpose being to shut off
the place from international commerce and communication with other states.
It differs from a pacific blockade, in that the latter applies only to the vessels of
the blockaded state and does not affect the vessels of other states.
To be valid, a blockade must be:
a. Binding, i.e. duly communicated to the neutral states;
b. Effective, meaning that it is maintained by adequate force so as to make ingress
to or egress from the port dangerous;
c. Established by the proper authorities of the belligerent government, generally the
head of state;
d. Limited only to the territory of the enemy and not extended to neutral places or
international rivers; and
e. Impartially applied to all states alike.
22. Angary
By this right, a belligerent may, upon payment of just compensation, seize, use or
destroy, in case of urgent necessity for purposes of offenses or defense, neutral property
found in its territory, in enemy territory, or on the high seas. Its exercise is conditioned
upon the following requisites:
a. That the property is in the territory under the control or jurisdiction of the belligerent;
b. That there is urgent necessity for the taking; and
c. That just compensation is paid to the owner.
23. Neutrality terminates when the neutral state joins the war and upon the
conclusion of peace.