COLLEEN ROSE S.

GUANTERO
POLITICAL LAW
Pages 103-124

7 essays:

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

1. In 2015, Donald Trump was elected as one of the judges of the International
Court of Justice. He also runs as president of the United States of America the
following year 2016. Is Donald Trump allowed to remain as one of the judges of
the ICJ?

Suggested answer:

No. Donald Trump is no longer allowed to remain as a judge in the ICJ provided
he wins the 2016 election.

The Statute of the International Court of Justice clearly provides that No member
of the Court may exercise any political or administrative function, or engage in any other
occupation of a professional nature.

THE INTERNATIONAL CRIMINAL COURT

2. In the year 2000, the Philippines signed the Rome Statute of the International
Criminal Court through its Charge d’ Affairs MMM of the Philippine Mission to the
United Nations. However it was not signed by the President of the Philippines.
May the Charge d’ Affairs MMM be compelled by Mandamus to transmit to the
Senate the copy of the Rome Statute signed by the Charge d’ Affairs even
without the signature of the Philippine President?

Suggested answer:

No, it is beyond the Jurisdiction of the Courts to compel the executive branch of
the government to transmit the signed text of the Rome Statute to the Senate.

Under our Constitution, the power to ratify is vested in the president, subject to
the concurrence of the Senate. The role of the senate is limited only to giving or
withholding its consent, or concurrence, to the ratification. Hence, it is within the
authority of the President to refuse to submit a treaty to the Senate, or having secured
its consent for its ratification, refuse to ratify it. (Pimentel vs. Office of the Executive
Secretary 2005)

3. Country A committed the crime of Genocide in the year 1900. Country B who is
neighbouring country of Country A brought a suit against the latter after 30 years
the crime was committed. Country A invoke that the crime they committed
already barred by prescription and can no longer be prosecuted against them. Is
Country A correct?

Suggested Answer:

No. Country A is not correct.

It is an established principle in the international criminal law that no period of

limitation shall apply to war crimes and crimes against humanity and considering that
Country A committed the crime of Genocide which is war crime, no prescription shall set
in.

STATELESS PERSONS

4. NPA was tagged as a stateless person as he is not considered as a national by

any State. NPA lives and reside in the Philippines and when President Duterte
announces whimsically that all stateless persons shall be expelled from the
Philippines, NPA was hunted by the government. May NPA, a stateless person,
be expelled in the country where he lives and resides?

Suggested answer:

No. NPA cannot or shall not be expelled from the Philippines in which he is a
resident.

Under Article 31 of the Convention relating to the Status of Stateless Persons

states that the contracting states shall not expel a stateless person lawfully in their
territory save on the grounds of national security and disorder.

EXTRADITION
 5. May a prospective extraditee be granted bail during the pendency of the
extradition proceedings?

Suggested answer:

Yes, a prospective extraditee may be granted bail during the pendency of the
extradition proceedings.

In the case of Government of the USA vs. Judge Purganan, the Supreme Court
held that the constitutional provision on bail does not apply to extradition proceedings
however in the Case of Olalia, the Philippines followed or is under obligation to observe
and uphold the fundamental human rights and the right to liberty includes the right to
bail.

SOVEREIGN IMMUNITY - DOCTRINE

6. Does the immunity of a diplomatic agent from the jurisdiction of the receiving
state also exempt him from the jurisdiction of the sending state?

Suggested answer:

No, as he is always subject at all times to the jurisdiction of his state. (VDCR, Art.
31 (4).

UNITED NATIONS CHARTER

7. Iraq and Israel are members of the United Nations. They violated so many times
the United Nations Charter and have been imposed so many sanctions. May a
member of the United Nations be expelled from the Organization?

Suggested answer:

Yes, a member which has persistently violated the Principles constrained in the
Charter may be expelled from the Organization by two thirds majority of the members
present and voting in the General Assembly upon the recommendation of a qualified
majority in the Security Council. Art. 6 (18) United Nations Charter.

SOVEREIGN IMMUNITY - DOCTRINE

1 distinction
The following are classification of contracts entered into by the State:

a.) Acta jure imperii; and

b.) Acta jure gestiones.

Give the distinctions of these two classifications?

Suggested answer:

Acta jure imperii is a Latin term meaning, acts by right of dominion. This term is
commonly used in conflict of laws. Acta jure imperii are activities of a governmental or
public nature carried out by a foreign State or one of its subdivisions. Acta jure imperii
also qualifies for state immunity under the modern doctrine of restrictive foreign
sovereign immunity.

While on the other hand…

Acta jure gestionis is a Latin term meaning, acts by right of management. It is commonly
used in private international law. Acta jure gestionis refers to activities of a commercial
nature carried out by a foreign State or one of its subdivisions or agencies. However,
the acts are not immune from the jurisdiction and process of local courts under the
modern doctrine of restrictive foreign sovereign

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

1 enumeration

1. What are the different ways by which a State may give its consent to submit to
the jurisdiction of the ICJ?

Suggested answer:

The consent of a State to submit to the jurisdiction of the ICJ may be expressed in
the following manner:

a. Through treaties and conventions (consent ante hoc) whereby the State agreed
to submit to the jurisdiction of the ICJ as to all matters specially provided for in
treaties and conventions in force of which it is a party; Article 36 (1) ICJ statute
 b. By accepting the compulsory jurisdiction of the ICJ by a declaration under the
Optional Jurisdiction Clause ( consent ante hoc) under Article 36 (2) of the ICJ
Statute;
c. By special agreement or unilateral application (consent ad hoc) whereby the
State Parties to a dispute jointly submit the case to the ICJ or where the applicant
State has accepted the jurisdiction by a unilateral application followed a separate
act of consent by the other party;
d. By forum prorogatum (consent post hoc) whereby consent of the defendant State
is given after the initiation of the proceedings

INTERNATIONAL COURT OF JUSTICE

1 definition

Define slavery?

Suggested answer:

Slavery is the status or condition of a person over whom any or all of the powers
attaching to the right of ownership are exercised. (Article 1 of the 1926 Slavery
Convention)