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Kathleen Najeal

on International Human Rights Law

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

on International Humanitarian Law

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 Q.What are the essential characteristics of Human Rights? A. 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 Q: Who is bound by IHL? A. 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

treaties addressing the laws of war? -hagues convention(1899,1907)-


IHR What were the two conventions with supervisory mechanism? -int'l convention for social, economic, and
cultural rights | convention of the rights of the child

LC Rizon

IHR:
What are the instruments constituting/comprising the INTERNATIONAL BILL OF HUMAN RIGHTS?
A: ICCPR, ICESCR, 1st and 2nd OPTIONAL PROTOCOL of the ICCPR
IHL:
Give at least 2 acceptable emblems signifying neutrality and protection.
A (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 Questions. 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 in 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 cease-fires and demarcation lines and to conclude troop withdrawal
agreements.

Sr. TeresitaAbastillas, D.C.

HUMAN RIGHTS LAW

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.

Submitted by:

Brian Otadoy

IHR

Who are considered as migrant worker?

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 re the concerns and shortcomngs of treaty based mechanism?

a. Large backlog and delay in review of country reports b. Inconsistencies in the approach of different
committees c. Heavy reporting requirements of states d. No monetary compensation on the part of member
states in making the reports

IHL

Are journalist are protected under International Humanitarian Law during armed conflicts?

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

Mondoñedo: 1. What is the power of the International Criminal Court? 2. What is the basic consideration in
exercising the right of the child? 1. The power ICC is to exercise its jurisdiction over persons for the most
serious crimes of international concern. 2. The basic consideration in exercising the rights of a child is the
child's paramount interest.

Florentino, ven

1. Explain briefly the doctrine of pacta sun servanda. 2. Distinguish jus bello and jus ad bellum.
2. Ans. 1. 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. 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 they 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 int’l humanitarian law cover?

Dave Manatad

1.) What are the requisites in order to validly derogate from international obligations?
-presence of war or public emergency

-officially proclaimed

-proportional

-consistent

Non discriminatory

2.) Differentiate International human rights from international humanitarian law

DIFFERENCE OF International Humanitarian Law and International Human Rights


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

Rhinafel Halil 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.

Nilgie 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.

Jomarie Tiu

What is erga omnes?

What provision would be observed in Non-international armed conflict?

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:
Ø Promote human rights education
Ø Serve as forum for dialogue on thematic issues on all human rights
Ø Make recommendations to General Assembly for the further development of international law in the field
of human rights
Ø Promote the full implementation of human rights obligations by member states
Ø Undertake universal periodic review
Ø Contribute, through dialogue and cooperation, towards the prevention of human rights violation
Ø Assume the role and responsibilities of the Commission of Human Rights
Ø 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

what are the requisites for valid derogation?HR

Ans.

1.presence of war and public emergency


2.Officially proclaimed
3.Proportional
4.Consistent
5.Non-discriminatory

Who are lawful targets in war? IHL

ans.

1.Combatants
2.Civilians takng direct part in hostilities
3.Military objectives

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. General Assembly
2. International courts
3. The security council
4. Economic and social council
5. 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

1. 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.