Escolar Documentos
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Paul Tolomia
IHR
Question:
What are the essential characteristics of Human Rights?
Ans. Based on the Vienna Declaration and Program of Action, UDHR and other internationally negotiated
and approved texts, human rights are said to have five essential characteristics that distinguish them from all other
kinds of rights. Human rights are: inherent, universal, inalienable, indivisible and interdependent.
IHL
Question:
Who is bound by IHL?
Ans. All parties to an armed conflict - whether States or organized non-State armed groups - are bound by
treaty and customary rules of IHL. Rules of customary IHL apply at all times to all parties, irrespective of their
ratification of IHL treaties.
Divino Andales
IHR
Question:
What were the two conventions with supervisory mechanism?
Ans. -int'l convention for social, economic, and cultural rights | convention of the rights of the child
IHL
Question:
What treaties addressing the laws of war?
Ans. -hagues convention(1899,1907)-
What are the instruments constituting/comprising the INTERNATIONAL BILL OF HUMAN RIGHTS?
Ans. ICCPR, ICESCR, 1st and 2nd OPTIONAL PROTOCOL of the ICCPR
IHL:
Give at least 2 acceptable emblems signifying neutrality and protection.
Ans. (may choose among)
Red Cross Red Crescent Red Crystal
Marjie Aban
Human Rights
What are the four (4) procedures under Treaty Based Mechanism? Explain each 1. Reporting Procedures - All UN HR
treaties include a system of periodic reporting where state parties are obliged to report periodically to a supervisory
body on domestic implementation of the treaty in question
2. Inter-State Complaint Procedures - allow state parties to initiate a procedure against another state party that is
considered not to be fulfilling its obligations under rights instruments.
3. Individual Complaint Procedures - allows individuals under the jurisdiction of the state to bring a complaint to the
supervisory body claiming that their rights under the relevant treaty have been violated.
4. Inquiry Procedures and On-site Visits - allow supervisory body to investigate situations that appear to constitute a
consistent pattern of gross and systematic violation of Human rights based on complaints or on initiative.
IHL
What are the four (4) Geneva conventions of 1949?
1.Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field;
2. Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea; 3. Geneva Convention (III) Relative to the Treatment of Prisoners of War; and 4. Geneva
Convention (IV) Relative to the Protection of Civilian Persons in Time of War.
Trixie Tura
define refugee. - applies to any person who "owing to well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or political opinion is outside the country of his nationality
and is unable , or owing to such fear, is unwilling to avail himself of the protection of that country.\
Four tasks of the govt?
1. Show respect for the goals of civil and political rights 2. Create institutional committee to support rights 3. Deter
violations and enforce rights through enforcement agencies 4. Spend money on goods and services to ensure rights
are protected
Ceferino ong
What are the restrictions or limitations on human rights: Defined by law Legitimate purpose Suitable and necessary It
is the least intrusive measure Proportional Interpreted strictly
Who can use the emblem of the emblem for indicative and protective purposes of the red cross or red crescent?
a.
armed forces medical services b. National Red Cross and National Red Crescent Society c.Civilian
Hospitals and other recognized medical facilities d. other recognized relief agencies
Kenneth Abarintos
1. What is the meaning of migrant worker as provided for The International
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families?
= Article 2, Paragraph 1 of the convention provides that a migrant worker is a
person who is to be engaged, is engaged or has been engaged in a
remunerated activity in a State of which he or she is not a national.
2. What are the guiding principles in the CONVENTION ON THE RIGHTS OF
THE CHILD?
* Non-discrimination
* Best Interest of the Child
* Parental Guidance and Evolving
Human Rights:
What are the main purposes of U.N under Article 1 of U.N. Charter?
Article 1 essentially sums up the following purposes of the U.N.:
o Maintain peace and security
o Economic and social cooperation
o Respect for human rights
Humanitarian Law:
What is a war crime?
War crimes are serious violations of international humanitarian law
committed during international or non-international armed conflicts
Karl Caneda
HR
Question:
What is a non-derogable right?
Ans. Rights that are considered to be so important that they cannot be
suspended in any circumstances, not even a state of emergency.
IHL
Question:
What is the purpose of peace keeping operations?
Ans.The purpose of peace-keeping operations is to ensure respect for ceasefires and demarcation lines and to conclude troop withdrawal agreements.
IHL
QUESTIONS
1. Give 3 UN Human Rights Instruments. Describe how the compliance of each will be monitored.
2. What is the role of ICRC in developing and ensuring respect for IHL
ANSWERS:
1. a) INTERNATIONAL CONVENTION ON CIVIL & POLITICAL RIGHTS (ICCPR)
Monitored through:
Reporting Mechanism; Inter-state complaint; Individual Complaint Mechanism
Brian Otadoy
IHR
Who are considered as migrant worker?
Ans. a person who is to be engaged, is engaged or has been engaged in a remunerated
activity in a State of which he or she is not a national.
What are the concerns and shortcomings of treaty based mechanism?
Ans. Large backlog and delay in review of country reports
Inconsistencies in the approach of different committees
Heavy reporting requirements of states
No monetary compensation on the part of member states in making the report
IHL
Are journalist are protected under International Humanitarian Law during armed conflicts?
Lyn mondenedo
What is the power of International Criminal Court?
Ans. the power off ICC is to exercise its jurisdiction over persons for the most serious
crimes of international concern.
What is the basic consideration in exercising the right of the child?
Ans. The basic consideration in exercising the rights of a child is the childs paramount
interest.
Florentino, venrod
1. Explain briefly the doctrine of pacta sun servanda
Ans. the doctrine of pacta sun servanda means that if a state is a signatory to a treaty,
such state is bound to faithfully comply.
Debbie Secuya
Who are included as the civilian population.
Answer:
a.) foreign civilian in the territory of state parties to the conflict
b.) civilians in occupied territories
c.) civilian detainees and internees
Deborah Dimaranan
1. what are the three fold duties of a state imposed by international human rights
norms?
2. What does intl humanitarian law cover?
Dave Manatad
1)
2)
3)
4)
Juris Claros
1. What is the so called progressive realization?
It is sufficient on the part of the state to have obliged in the obligation that is geared
towards the giving of basic resources and not necessarily fulfilling its full obligation
2. Provide at least two tasks of the govt.
Ans. show respect for human rights, create machinery, deter violation of these rights,
appropriate budget
Jecar Sual
1. Under the convention on the the rights of the child, what are the development
rights of the child?
Ans. right to information
Right to education
Right to leisure, recreation
And right cultural activities
2. Who are considered lawful targets?
Ans. combatants, civilian taking direct part in hostilities, military objectives
Rutchiel Rabor
ANSWER: 1. ICESCR- International Covenant on Economic, Social and Cultural Rights 2. ICCPR- International
Covenant on Civil and Political Rights 3. CERD- International Convention on the Elimination of all forms of Racial
Discrimination 4. CEDAW- The Convention on the Elimination of all Forms of Discrimination Against Women 5. CRCConvention on the Rights of the Child 6. CAT 7. MWC (PLUS OPTIONAL PROTOCOLS)
2.
.) What are the two classifications of armed conflict and provide its meaning. ANSWER: The two
classifications of armed conflict are: A.) International Armed Conflict B.) Non-International Armed Conflict
International Armed Conflict In the Tadic case, the International Criminal Tribunal stated that International Armed
Conflict is an armed conflict exists whenever there is a resort to armed force between States. Non-International
Armed Conflict Non- International Armed Conflict refers to conflicts between governmental forces and
nongovernmental armed groups, or between such groups only. These include armed conflicts in which one or more
non-governmental armed groups are involved. Depending on the situation, hostilities may occur between
governmental armed forces and non-governmental armed groups or between such groups only.
Vance Cebalos
1. IHL Question: Does civilians who spontaneously took up arms to defend against invasion, one of the protected
parties in the Geneva Convention?
Ans: Yes, Under Article 13(6) of the First Geneva convention, included them as one of the protected person
2.UN Charter Question: Suppose there is a treaty between two states, recognizing and respecting human rights with
respect to the other. Can a UN signatory state be held liable for violations, even without a treaty?
Ans: Yes, Article 56 of the UN Charter automatically makes it binding to all Signatories
MARJIE ABAN
What are the four (4) procedures under Treaty Based Mechanism? Explain each 1. Reporting Procedures - All UN HR
treaties include a system of periodic reporting where state parties are obliged to report periodically to a supervisory
body on domestic implementation of the treaty in question
2. Inter-State Complaint Procedures - allow state parties to initiate a procedure against another state party that is
considered not to be fulfilling its obligations under rights instruments.
3. Individual Complaint Procedures - allows individuals under the jurisdiction of the state to bring a complaint to the
supervisory body claiming that their rights under the relevant treaty have been violated.
4. Inquiry Procedures and On-site Visits - allow supervisory body to investigate situations that appear to constitute a
consistent pattern of gross and systematic violation of Human rights based on complaints or on initiative.
IHL
What are the four (4) Geneva conventions of 1949?
1.Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field;
2. Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea; 3. Geneva Convention (III) Relative to the Treatment of Prisoners of War; and 4. Geneva
Convention (IV) Relative to the Protection of Civilian Persons in Time of War.
Armed conflict exists whenever there is a resort to armed force between States or whenever there is protracted
armed violence between governmental authorities and organised armed groups or between such groups within a
State
Aiza M. Guirhem
Annaliza P. Jayme
Ans.
1.
2.
3.
4.
5.
General Assembly
International courts
The security council
Economic and social council
Human rights council
Jonathan Clarus
IHL
3. If a state is under a state of war with another state, can
the warring states torture or inflict inhumane punishment
against aprisoner of war? Why?
Ans. no. prisoners of war are protected by huminatarian
law in the sense that states cannot inflict inhumane
punishment or torture against them. Moreover, warring
states cannot derogate with some of their human rights
obligations like the respect for life; right against torture,
slavery and inhumane punishment.
HR
Ans. Human Rights is applicable in peace time and in war time while
Humanitarian Law is applicable only in war time and in cases if there is an
armed conflict either it is international armed conflict, non-international
armed conflict and internationalized armed conflict.
EUSELLE TALISIC
1. Describe the general structure and content of the Universal Declaration of
Human rights.
Ans. The declaration is the first comprehensive catalogue of Human rights
proclaimed by an international organization representative of the
international community as a whole, the United Nations. It is the authoritative
interpretation of what are the human rights and fundamental freedoms
which the UN Charter ordains, and the covenants of human rights in 1966, it
gave critical substantiation to one of the foundation principles of the UN.
2. Is it the rationale of IHL to prohibit war and other armed conflicts? Does it
legitimize or tolerate the use of force?
Ans. No, IHL is not concerned with the lawfulness or unlawfulness of armed
conflict. In violation of the prohibition against the threat or use of force under
international law, a state may engage in armed attack against another state,
resulting in armed conflict between them. The application of IHL in their
conflict pertains solely of the fact of armed conflict as the use of force
remains unlawful.
Hence, the issue of lawfulness or unlawfulness of the armed conflict is
of no legal importance from the standpoint of IHL.
William Benavides
Q: Assuming that the Philippines is not a signatory to the Geneva Convention, are we bound to adhere to
International Humanitarian Law? Why?
A: Yes, because treaties and conventions are merely codifications of generally and consistent practice which can be
validly incorporated as part of the laws of the Philippines without having to be a signatory thereof. Many provisions of
international humanitarian law are now accepted as customary law that is, as general rules by which all States are
bound.
Q: Do the provisions of IHL only apply to the victims of international armed conflict?
A: No, the law applies equally to all sides regardless of who started the fighting.
Katraena Moralde
HR
1. Which provision of the UN charter can we compel observance of
Human Rights among the community of nations?
A. Article 48 (1-b)
B. Article 55 (c)
C. C. Article 24 (1)
Ans. B. Article 55 (c)
- Universal respect for and observance of, human rights
and fundamental freedoms for all without distinction as to
race, sex, language, or religion.
IHL
1. It has marked a breakthrough as it covered situations of noninternational armed conflicts and it also establishes
fundamental rules from which no derogation is permitted.
A. Common Article 2
B. 2nd Geneva convention
C. Common Article 3
Ans. C. Comon Article 3
Rebecca Melendres
1. The___affords protection to civilians, including occupied territory.
A.
B.
C.
D.
Jerselyn Silva
What are the basic International Humanitarian Law Instruments?
Answer:
Weapons Convention
What are supervisory mechanisms under the African Charter on the Rights and
Welfare of the Child?
Answer:
Individual Complaint
Inquiry Procedure
Loquere, Ivy
1. What are the two branches of International Humanitarian Law?
Ans. LAW OF GENEVA and "LAW OF THE HAGUE"
2. What is a negative claim? ANS: It is a type of claim which involves rights that government should not do
anything for a person's enjoyment
Jay Viagedor
1. What are the disadvantages under the treaty based mechanism
- large backlog and delay in review of country reports
- inconsistencies in the approach of different committees
-heavy reports requirements of the state
Wendel Talaban
IHL:
Give the different actors of IHL.
STATES, INDIVIDUALS, NON-STATE ARMED GROUPS & UNITED NATIONS
What is article 3 of UDHR?
Article 3 states that everyone has the right to life, liberty and security of
person.
Lance Kimberly Ty
Human Rights:
What are the non-derogable human rights?
Right
Right
Right
Right
Right
Right
to Life
against slavery
as a person before the law
against torture, cruel, inhuman or degrading punishment
to freedom of thought, conscience or religion
to habeas corpus