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Kathleen Najeal

International Human Rights Law


Question:
This level of obligation requires the State, including all its organs and agents,
to take all positive measures to ensure that individuals under its jurisdiction enjoy
the rights recognized in human rights instruments.
a. Obligation to protect
b. Obligation to fulfil
c. Obligation to respect
ANSWER: B. Obligation to fulfil
International Humanitarian Law
Question:
ZZ, together with the other inhabitants of a non-occupied territory, carried
their arms openly and upon approach of the enemy, spontaneously took up arms to
resist the invading forces, without having had time to form themselves into regular
armed units. They lost and fell into the enemies hands. Thereafter, ZZ was
prosecuted for a criminal offense. After the cease-fire, can ZZ be detained by the
Detaining Power?
a. NO. Prisoners of war shall be released and repatriated without delay after
the cessation of active hostilities.
b. YES. Repatriation of prisoners of war are required only at the time peace is
concluded.
c. YES. Protected persons accused of offenses shall be detained in the
occupied country, and if convicted they shall serve their sentences therein.
d. YES. Prisoners of war against whom criminal proceedings for an offence are
pending may be detained until the end of such proceedings, and if neccessary, until
the completion of the punishment.
ANSWER: D (ZZ, being a prisoner of war, can be detained as an exception to
immediate repatriation; Third Geneva Convention, Art. 119)

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)-

Louthera Christie Rizon


IHR:

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

* Capacities of the Child


* Right to Life and Maximum Survival
* and Development
* Respect for the Views of the Child
Rocely Lomotos

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.

Sr. TeresitaAbastillas, D.C.

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

b) INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF


RACIAL DISCRIMINATION (ICERD)
Monitored through:
Reporting Mechanism; Inter-state complaint; Individual Complaint Mechanism
c)CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN ( CEDAW)
Monitored through:
Reporting Mechanism; Inquiry Procedure; Individual Complaint Mechanism
NOTE: EACH MECHANISM SHOULD BE DESCRIBED
2. As the guardian and promoter of IHL, the ICRC takes action to protect and assist victims of
armed conflicts and other situations of violence, and to foster respect for the law. It does the
latter, notably by spreading knowledge of IHL, by supporting its implementation at the domestic
level, by monitoring respect for it and by reminding parties to conflicts of their obligations.

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?

Ans. Journalist engaged in dangerous professional missions in areas of armed conflict


shall be considered as civilian and protected as such. They may obtain identity cards attesting
to their status as journalist.

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.

2. Distinguish jus bello and jus ad bellum


Ans. Jus in bello refers to the conduct and rules of war, while jus ad bellum is the determination of
the legality of war

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

d.) medical and religious personnel or civil defence units

John Patrick Ong


1. Discuss the erga omnes character of human rights?
Ans. when human rights laws which are of paramount importance for the
international community are violated, all states have the legal interest in
their protection for there are obligations owed by the states to the
community of states.
2. What does first geneva convention protects?
Ans. the wounded and sick soldiers on land during war

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

What are two types of human rights claim?


Ans. Positive resource claim and negative claim

2.) Differentiate International human rights from international humanitarian law

1)
2)
3)
4)

DIFFERENCE OF International Humanitarian Law and International Human Rights


International Humanitarian Law
International Human Rights
applies in armed conflict
1)
applies in war and in peace alike
no derogation is allowed
2)
allows derogations
protects people who are not or no longer part in the
3)
applies to all
4)
protects individuals from arbitrary behaviour of their
hostilities
impose duties to parties in conflict
government

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

1. What is the main feature of International Convention on the elimination of all


forms of racial discrimination?
Ans. the main feature of icerd is that it contains a detailed prohibitions and
obligations to prevent discrimination on the ground of race, color, origin, and
national or ethnic backround.
2. Who are the persons protected under the fourth Geneva Convention?
Ans. the fourth geneva convention affords protection to civilians including in
occupied territory.

Colina, Judd Marx


1. What are the steps in making a treaty?
Ans, negotiation, signature, ratification
2. The following are considered to be lawful targets under IHL, except one.
A. Military Objectives
B. Military scout rangers (Answer)
C. Civilians not taking part in hostility

Francisco, Princess Angelica


1. What are the four stages of reporting procedures?
Ans. The submission of the states report
List of issues
The constructive dialogue
The concluding observation
2. It must be displayed on the flags, buildings, installations and mobile
formation of medical units, on their means of transport, as well as on
armlets, clothes and headgear of medical and religios personnel.
Ans. the sign of the red cross or the red crescent.

Bernadeth Villaluz Sios-e


1.

What are the Major Human Rights Instruments?

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

Rhinafael Hahil Saura


Human Rights Law question: What is Right to Work under Article 6 of the ICESCR? Answer: Defined as the
opportunity of everyone to gain their living by freely chosen or accepted work.
Int'l Humanitarian Law question: What is non-international armed conflict? Answer: Refers to conflicts between
governmental forces and non-governmental armed groups, or between such groups only.

Neljie Cogal Villaganas


HR: Its tasked is to maintain international peace and security and has the power to impose sanctions to violators of
international legal obligations. Answer: Security Council IHL: What is IHL? Answer: Comprises the rules which, in
times of armed conflict seek to protect people who are not OR no longer taking part in the hostilities and to restrict the
method and means of warfare employed.

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.

Ceferino Miguel 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

EVA CRISTINE PAGAL


HUMAN RIGHTS
FRIDAY 5:30-7:30
1. HUMAN RIGHTS
Question: What are the key functions of Human Rights Council? Give at least five (5).
Answer:
Promote human rights education
Serve as forum for dialogue on thematic issues on all human rights
Make recommendations to General Assembly for the further development of international law in the field of human
rights
Promote the full implementation of human rights obligations by member states
Undertake universal periodic review
Contribute, through dialogue and cooperation, towards the prevention of human rights violation
Assume the role and responsibilities of the Commission of Human Rights
Submit annual reports to the General Assembly
2. HUMANITARIAN LAW
Question: When is there an armed conflict?
Answer:

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

1. Is the UDHR binding? Answer: the UDHR is a non-binding


agreement that States adhere to voluntarily in order to
gain acceptance in the international community. It
contains a lot of what are referred toes positive rights
such as the right to education, or more recently, the right
to internet access, that are really not measurable by any
punitive institution that could punish a state for not
adhering to UN rules or regulations. UDHR is not a treaty,
so it does not directly create legal obligations for
countries. However, it is an expression of the fundamental
values which are shared by all members of the
international community.
2. why does erga omnes exists?
Answer: obligations owed by the Sates towards the
community of States as a whole. Anerga omnes exist
because of the universal and undeniable interest in the
perpetration of theoretical rights.

Annaliza P. Jayme

What is Jus in bello and its purpose?


Ans.
Is a set of law that into effect once war has begun.
Its purposse is to regulate how wars are fought without prejudice to the reasons
of how or why they had begun.

What comprises the United Nations System?

Ans.

1.
2.
3.
4.
5.

General Assembly
International courts
The security council
Economic and social council
Human rights council

Anne Marie Choachuy


Human Rights
Q; Is there any requisites for a valid derogation? If so, enumerate them.
A: Yes. There are requisites for a valid derogation.
The requisites for a valid derogation are the following:
1.
Presence of war or public emergency
2.
Officially proclaimed
3.
Proportional
4.
Consistent
5.
Non-discriminatory
Q: Philippines and China are having a war. After, MILF supported China in the war by spying for them. Is
there any Internationalized Armed Conflict present? Why?
A: No. Internationalized Armed Conflict is not present. The two states were already having a war before
MILF supported China, therefore, an International Armed Conflict, not the Internationalized Armed
Conflict, was present.

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

1. What principal organ of the United Nations may provide


sanctions to a state who violates the UN charter?
Ans. The U.N security council
Arciel Monisit
1. According to tadic case, when do armed conflict exists?
Ans. armed conflict exists whenever there is a resort to
armed force between states or protracted violence
between governmental authorities and organized armed
groups or between such groups within a state.
2. How is discrimination defined as human rights violation?
Ans. Discrimination as used in the covenant should be
understood to imply any distinction, exclusion, restriction,
or preference which is based on any grounds such as
race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other
status, and which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise by all
persons, on an equal footing, of all rights and freedoms.
CARLO TANDEA
1. It guarantees that women enjoy rights as an equal footing with men
Ans. CEDAW
2. In case not covered by the convention, the protocols or other international
agreements, or in case of denunciation of these agreements, are civilians and
combatants still by principle protected?
Ans. Yes. Civilians and combatants remain under the protection and authority
of the principles of international law derived from established custom, from
principles of humanity and firm the dictates of public conscience.
Gerson Gamas
1. Why is there a separate Human Rights treaty for women?
ANS.
The International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural (ICESCR) - preceded
the CEDAW. However, they did not necessarily reflect concerns which were
specific to women.
Example :Article 23 of the ICCPR guarantees the right of men and women of
marriageable age to marry and to found a family and to be married only
with free and full consent of the intending spouses.
It did not deal, however, with the consequence of women losing their
nationality or citizenship upon their marriage to foreigners.
2. What is the difference between Human rights and Humanitarian Law if they
both deal with the protection of Life, health, and property?

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

1. Is there an international armed conflict in case there partial or total


occupation of the territory of a High Contrating Party, even though there is no
resistance against the said occupation?
-Yes. Under Common article 2 of Geneva conventions 1 to 4, there is an international
armed conflict existing in all cases of partial or total occupation of the territory of a
High Contracting Party, even though there is no resistance present.
2. What is denunciation?

- it is the withdrawal of a a party state to a treaty.


Mark Porcadilla

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.

3rd Geneva Convention


Rome Statute
4th Geneva Convention
Common Article 3
Ans. C
All 159 articles of the Fourth Geneva Convention affords
protection to civilian in areas of armed conflict and occupied
territories
What rights are recognized by part 1 of the International
Covenant on Economic, Social and Cultural Rights?
Ans. Part. 1 (art.1) recognizes the right of all people to selfdetermination, including the right to freely determine their
political status, pursue their economic, social and cultural goals,
and manage and dispose of their own resources.

Jerselyn Silva
What are the basic International Humanitarian Law Instruments?
Answer:

Lieber Code (1863)

Hague Conventions of 1907

Geneva Conventions (1949)

Additional Protocols to Geneva Convention (1977)

Weapons Convention

Customary International Law

What are supervisory mechanisms under the African Charter on the Rights and
Welfare of the Child?
Answer:

Reporting Mechanism every three years

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

International Humanitarian Law:


What is military necessity?
Means the necessity of employing measures which are indispensable to achieve a
legitimate aim of the conflict and are not otherwise prohibited by International
Humanitarian Law