PENESA, Blanche G.

194079
Public International Law 2020-2021
Worksheet 12

April 27, 2020

War and Neutrality
Readings:
Outline Introduction to International Law, pp. 262-276
1949 Geneva Conventions and the Geneva Protocols
Convention and Protocol on the Protection of Cultural Property in the Event of Armed
Conflict
(Note: as an alternative to the original texts of the treaties, you can refer to the materials
at the website of the International Red Cross www.icrc.org)

Questions:

1. Differentiate war from the employment of force.

War does not necessarily imply the mere employment of force, if a nation
declares war against another, war exists, though no force has yet been used. On
the other hand, in case of reprisal, force may already be used, but no State of war
may yet exist.

2. Define “aggression”.
Aggression is simply the use of unlawful force by one State against the
sovereignty, territorial integrity, or political independence of another State.

3. What is the general rule regarding the legality of war?

1949 Geneva Conventions. These are sets of rules that only apply during
times of war. Comprised of 4 treaties and 3 protocols, they establish the
standards of international law for the treatment of both combatants and non-
combatants.

4. Differentiate ius ad bellum from ius in bello.

A. Jus Ad Bellum - involves the legality of war itself.
B. Jus in Bello - involves the legality of how the war is being carried out.

5. What is the effect of the outbreak of war on the following:

a. Laws of peace
- It will cease to regulate the relations between the belligerents and are
superseded by the laws of war.

b. Diplomatic and consular relations

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- These relations will be terminated and their respective representatives
are allowed to return to their own countries.
c. Treaties
- Treaties are automatically cancelled, except to those treaties that are
intended to operate during the war.

d. Individuals
- They are impressed with enemy character and will be tested under
nationality test, domiciliary test, and activities test.

e. Corporations and other juridical persons

- They will be considered as enemies where the controlling stockholders
are nationals of the other belligerent or if they are incorporated in
enemy’s territory or laws.

f. Enemy public property

- Subject confiscation.

6. Complete the following table:

Parties Definition Rights if Any

Combatants Those who engage directly Enjoys the privileges of
in the hostilities. prisoners of war.
Non-Combatants Those who do not engage
directly in the hostiles,
such as women and
children.
Prisoners of War Combatants that were They are to be treated
captured. humanely, not subject to
torture, allowed to
communicate with their
families, receive food,
clothing, religious articles.

Spies Acting clandestinely or When captured, may be

under false pretenses, he
obtains or seeks to obtain
information in the zone of
operations of a belligerent,
with the intention of
proceeded against under
the municipal law of the
other belligerent.
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communicating it to the
hostile party.

Mercenaries Recruited to fight for a Provided material

particular armed conflict, compensation
as a combatant, not as an substantially more than
adviser; must take direct that promised or paid to
part in the hostilities; combatants of similar rank
motivated essentially by and functions in the
the desire for personal armed forces of that party.
gain.

Hors de Combat An enemy who either If he does not attempt to

expresses a clear intention escape, he cannot be made
to surrender or is the subject of an attack.
otherwise unconscious or
incapacitated to render
him incapable of
defending himself.

7. Summarize the principles enunciated in the following:

a. The Humanitarian Convention in Armed Conflicts

b. Martens Clause

8. Define “belligerent occupation”.

Temporary military occupation of the enemy’s territory during the war.

9. What are the effects of belligerent occupation on sovereignty?

There is no change of sovereignty, but the exercise of the powers of
sovereignty is suspended. Political laws are also suspended except the law on
treason and the municipal laws remain in force.

10. What are the rights and duties of the belligerent occupant?
The rights and duties are:
(1) Re-establish or continue the processes of orderly administration,
including enactment of laws.
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(2) Adopt measures for the protection of the inhabitants.
(3) Requisition (sequester) goods, with proper cash or future payment,
and services in non-military projects.
(4) Demand taxes and contributions to finance military and local
administrative needs.
(5) Issue legal currency.
(6) Use enemy property, whether public or private.

11. What is the right of angary?

The right of angary is the right of the belligerent State, in cases of extreme
necessity, to destroy or use neutral property on its own or in enemy’s territory,
or on the high seas.

12. Enumerate and define the ways war is terminated.

(1) Simple cessation of hostilities - usually, the principle of uti possidetis, with
respect to property and territory possessed by the belligerents, is applied.
(2) Conclusion of a negotiated treaty of peace.
(3) Defeat of one of the belligerents followed by a dictated treaty of peace, or
annexation of conquered territory.

13. Distinguish between a) neutrality, b) neutralization, and c) non-belligerency.

a.) Neutrality is non-participation, direct or indirect, in a war between
contending belligerents.
b.) Neutralization is the result of a treaty wherein the conditions of the status are
agreed upon by the neutralized State and the other signatories.
c.) used to describe the status of a State which did not take part in military
operations, but which did not observe the duties of a neutral.

14. What are the rights of neutral states?

The rights of neutral states are:
(1) To abstain from taking part in the hostilities and from giving assistance
to either belligerent by: [i] the sending of troops; [ii] the official grant of
loans; or [iii] the carriage of contraband.
(2) To prevent its territory and other resources from being used in the
conduct of hostilities.
(3) To acquiesce to certain restrictions and limitations which the
belligerents may find necessary to impose.
(4) Termination of neutrality.

15. When does neutrality terminate?

Neutrality terminates upon the conclusion of a treaty of peace between the
belligerents, or when the neutral State itself joins the war.
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16. What is the main obligation imposed on parties to the Convention and
Protocol on the Protection of Cultural Property in the Event of Armed
Conflict?
It prohibits hostility or use of military purpose against historical, cultural,
and spiritual objects and places.

17. What is perfidy?

Perfidy is a grave breach, or serious crime, under the law of war. It is
generally defined as acts inviting the confidence of an adversary to lead him to
believe that he is entitled to, or is obliged to accord, protection under the rules of
international law applicable in armed conflict, with intent to betray that
confidence.