PUBLIC INTERNATIONAL

LAW
ATTY. JONNIE L. DABUCO

3 Stages of Internal
Dissension
Simple

lawlessness
Insurgency
Belligerency
When the lawlessness spreads and
develops a political motivation, it
becomes an insurgency, and an
aggravation of insurgency is a
belligerency.

Usual conditions for the

recognition of belligerency
There

must be an organized civil

government directing the
belligerency
The rebels must occupy a
substantial portion of the territory
of the state.
The conflict between the
legitimate government and the
rebels must be serious making
the outcome uncertain.

Right of Self-defense
Any

measure taken in the

exercise of this right must be
justified, in the words of US
Secretary of War Daniel Webster
by a necessity of self-defense,
instant, overwhelming and
leaving no choice of means and
no moment for deliberation.
Furthermore, they must be
limited by the necessity and kept
within it.

Aggression
Is

the use of armed forces by a

state against the sovereignty,
territorial integrity or political
independence of another state or
in any other manner inconsistent
with the UN Charter.

Specific acts of aggression

Invasion

or attack
Bombardment
Blockade of ports
Attack by the armed forces of a state on the land, sea or air
forces, or marine and air fleet of another state.
The use of armed forces of one state which are within the
territory of another state, in contravention of the condition
provided for in the agreement or any extension of their
presence in such territory beyond the termination of the
agreement.
The action of a state in allowing its territory, which it has placed
at the disposal of another state, to be used by that other state
for perpetrating an act of aggression against a third state.
The sending or on behalf of a state of armed force against
another state of such gravity as to amount to the acts listed
above, or its substantial involvement therein.

Intervention
Is

an act by which a state

interferes with the domestic or
foreign affairs of another state
through the use of force or threat
of force

Traditionally allowable coercive

measures
Severance

of diplomatic relations

Retorsion
Reprisals
Embargo
Boycott
Non-intercourse

Retorsion
Any

form of counter-measures in
response to an unfriendly act.
Forms of retorsion include
shutting of ports to vessels of an
unfriendly state, revocation of
tariff concessions not guaranteed
by treaty, or the display of naval
forces near the waters of
unfriendly state.

Reprisal
Denotes

any kind of forcible or

coercive measures whereby one
State seeks to exercise a
deterrent effect or obtain redress
or satisfaction, directly or
indirectly, for the consequences
of the illegal act of another state
which has refused to make
amends for such illegal acts.

Embargo
Consist

of seizure of vessels even

in high seas. Embargo might also
be pacific, as when a state keeps
its own vessels for fear that it
might find their way in foreign
territory. There can also be
collective embargo, e.g., on
import of drugs or of oil.

Boycott
Is

a form of reprisal which

consists of suspension or
business relation with the
nationals of an offending state.
Some claim that this is a form of
economic aggression which
should be prohibited by law.

Non-intercourse
Consists

of suspension of all
commercial intercourse with a
state.

RIGHT OF INDEPENDENCE
Right

of national selfgovernment, the freedom of a

state from control by another
state, or the right of a state to
direct both its internal and
external affairs without dictation
or interference from others

Is the Right of Independence

Absolute?
No,

like the liberty of the

individual who must submit to
limitations for the benefit of the
community, the independence of
a state must be restricted by the
requirements of the international
society.

Correlative duty of the Right of

Independence
Every

sate is under the

correlative obligation of non
intervention in view of its own
independence. Even as it expects
its independence to be respected
by other states, so too must be
prepared to respect their own
independence.

Drago Doctrine
A

public debt cannot give rise to

the right of intervention

Porter Resolution
A

public debt cannot give rise to

the right of intervention subject
to the qualification that the
debtor state should NOT refuse or
neglect to reply to an offer of
arbitration, or, after accepting
the offer, prevent any
compromise from being agreed,
or, after the arbitration, fail to
submit to the award.

WAR
Armed

contention between the

public forces of states or other
belligerent communities, implying
the employment of force between
the parties for the purpose of
imposing their respective
demands upon each other.

When does war

commence?
With

a declaration of war

With

the rejection of ultimatum

With

the commission of an act of

force regarded by at least one of
the parties as an act of war.

General effects of the outbreak

of war
Laws

of peace ceases 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
Diplomatic and consular relations
are terminated.
Treaties are cancelled except those
intended to operate during war

How is character of individuals

determined
Domiciliary

test

Nationality

test

Activities

test

Who are combatants?

Members
Irregular

of the armed forces

forces provided they are:

1. commanded by a person
responsible for his subordinates
2. they wear fixed, distinctive sign
recognizable at a distance
carry arms openly
3. they conduct their operations in
accordance with the LOW

Inhabitants

of unoccupied
territory who, on approach of the
enemy, spontaneously take arms
to resist invading troops provided
they carry arms openly and
operate in accordance with the
LOW
Officers and crews of merchant
vessel who forcibly resist attack

Rights of captured
combatants
Respect

commensurate with their

rank
Adequate food and clothing
Safe and sanitary quarters
Medical assistance
Refuse to give military
information or render military
service against their own state
Communicate with their family

Basic principles underlying the

laws of war
Principle

of military necessity

Principle

of humanity

Principle

chivalry

According to Jean-Jacques
Rousseasu:
War is in no way a relationship of man with
man but a relationship between states, in
which individuals are enemies only by
accident; not as men, nor even as citizens,
but as soldiers (...). Since the object of war
is to destroy the enemy state, it is
legitimate to kill the latters defenders as
long as they are carrying arms; but as soon
as they lay them down and surrender, they
cease to be enemies or agents of the
enemy, and again become mere men, and it
is no longer legitimate to take their lives.

Principle of necessity
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.

Principle of humanity
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 and humanitarian purposes, the
bombarding of undefended places, and
attack on hospital ships. Pillage is
prohibited. Treatment of hors de combat
also come under this principle

Principle of chivalry
Requires

belligerents to give proper warning

before launching a bombardment or prohibit
the use of perfidy in the conduct of
hostilities. Ruse and strategem are allowed.
Use of Red Cross emblem is prohibited
False flag is prohibited in land warfare
But war vessels may sail under flag not their
own, subject to the requirement that they
haul it and hoist their own flag before
attack.
Espionage is not prohibited.

Fundamental principles of
IHL
Principle

of Distinction

Principle

of Proportionality

Principle

of military necessity

ICRC statements which

sums up the basic rules
governing armed
conflicts:

The Soldiers Rule

1.

Be a disciplined soldier.
Disobedience of the laws of war
dishonours your army and
yourself and causes unnecessary
suffering; far from weakening the
enemys to fight, it often
strengthens it.
2. Fight only enemy combatants
and attack only military
objectives.

4.

Do not fight enemies who are

out of combat ( hors de combat)
or who surrender. Disarm them
and hand them over to your
superior.
5. Collect and care for the
wounded and sick, be they friend
or foe.
6. Treat all civilians and all
enemies in your power with

7.

Prisoners of war must be

treated humanely and are bound
to give only information about
their identity. No physical or
mental torture of prisoners of war
is permitted.
8. Do not take hostages.
9. Abstain from all acts of
vengeance.

10.

Respect all persons and objects

bearing the emblem of the red cross,
red crescent, red lion and sun, the white
flag of truce or emblems designating
cultural property.
11. Respect other peoples property.
Looting is prohibited.
12. Endeavour to prevent any breach of
the above rules. Report any violation to
your superior. Any breach of the law of
war is punishable.

Fundamental Rules of IHL

applicable to armed conflicts
1.

Persons hors de combat and those

who dot take a direct part in hostilities
are entitled to respect for their lives
and moral and physical integrity. They
shall in all circumstances be protected
and treated humanely without any
adverse distinction.
2. Its is forbidden to kill or injure an
enemy who surrenders or is hors de
combat.

3.

The wounded and sick shall be collected and

cared for by the party to the conflict which has
then in its power. Protection also covers medical
personnel, establishment, transports and
equipment. The emblem of the Red Cross or the
Red Crescent is the sign of such protection and
must be protected.
4. Captured combatants and civilians under the
authority of an adverse party are entitled to
respect for their lives, dignity, personal rights, and
convictions. They shall be protected against all
acts of violence and reprisals. They shall have the
rights to correspond with their families and receive
relief.

5.

Everyone shall be entitled to

benefit from fundamental judicial
guarantees. No one shall be
responsible for an act he has not
committed. No one shall be
subjected to physical and mental
torture, corporal punishment or
cruel or degrading treatment.

6.

Parties to a conflict and

members of their armed forces
do not have an unlimited choice
of methods and means of
warfare. It is prohibited to
employ weapons or methods of
warfare of a nature to cause
unnecessary losses or excessive
suffering.

7.

The general rule prohibiting

attacks upon the civilian
population implies, as corollary,
the prohibition to attack, destroy,
remove, or render useless objects
indispensable to the survival of
the civilian population.

8.

All feasible precautions have

to be taken to avoid injury, loss
or damage to the civilian
population.

Prohibition and Restrictions on

the Use of Certain Weapons
1.

The customary rule prohibiting

the use of chemical weapons,
such as those containing
asphyxiating or vesicant agents,
and the use of bacteriological
(bacterial) weapons is applicable
in non-international armed
conflicts.

The

customary rule prohibiting

bullets which expand or flattens
easily in the human body, such
as the Dum-Dum bullets, is
applicable in non-international
armed conflicts.
The customary rule prohibiting
the use of poison as a means of
warfare is applicable in noninternational armed conflicts.

Precaution

must be taken to
protect civilians from attacks in
the form of mines, booby-traps
and other devices.

Incendiary

weapons may not be

directed against the civilian
population as such, against
individual civilians or civilian
objects, nor used indiscriminately.

Neutrality
Is

the condition of a state that

does not take part, directly or
indirectly, in a war between other
states. If recognized by the
belligerents, this condition gives
rise to rights and obligations
between them and the neutral
state in their mutual relations.

Mutual rights and duties of the

neutral and belligerent states
A

neutral state has the right and duty to

ABSTAIN from taking part in the
hostilities and from giving assistance to
either belligerent;
To prevent its territory from being used
by the belligerents in the conduct of the
hostilities;
To AQUISENCE in certain restrictions and
limitations that the belligerents may
find necessary to impose, especially in
connection with international commerce

The

belligerents are bound to

respect the status of the neutral
state, avoiding any act that will
directly or indirectly involve it in
their conflict and submitting to
any lawful measure it may take
to maintain or protect its
neutrality.

Termination of Neutrality
Neutral

state joins the war

End of war

International
Environmental Law
Challenges:
1.

Intrusion into the domestic

jurisdiction and sovereignty of
states.
2. The magnitude of the
challenge such that they require
not only the joint action of states
but also the involvement of nonstate actors.
Lack of clear and specific

Treaties related to Environmental

Protection
Arts.

192-194 of LOS- marine

pollution
Vienna Convention on the
Protection of the Ozone Layer
UN Conference on Environment
and Development stabilization
of greenhouse gas concentration
in the atmosphere
Kyoto Protocol protection of the
atmosphere

Convention

on International
Trade in Endangered Species of
Wild Fauna and Flora
Convention on Biological
Diversity

Declarations
Stockholm

Declaration
Rio Declaration