SESSION 4

TOPIC: CONTINUATION OF PREVIOUS ASSIGNMENT PLUS GENERAL

PRINCIPLES OF INTERNATIONAL CRIMINAL LAW
! GRADED RECITATION
1. Continuation of previous assignment
o Module 2 International Criminal Law
" Customary International Law
Pharmaceutical vs. Duque, GR 173034, Oct. 9, 2007;
LGBT Party vs. Comelec, GR 190582, April 8, 2010;
Prosecutor vs. Dusko Tadic (word file uploaded in FB)
Prosecutor vs. Milan Martic(PDF file uploaded in FB)
" Other Sources of ICL
" Hierarchy between custom and treaty law, and jus cogens
Jurisdictional Immunities of the State (Germany vs. Italy)
before the International Court of Justice, February 3, 2012
(PDF file uploaded in FB);
" Principles and modes of interpretation of ICL
" Relationship between IHL, HRL and ICL
2. New Topic
o Module 3 General Principles of International Criminal Law PDF file
uploaded in FB;
" Introduction
" PRINCIPLE OF LEGALITY
Overview
o Nullum crimen sine lege
o Nulla poena sine lege
Art. 15 of the International Covenant on Civil and Political Rights
Art. 22 of the Rome Statute of the ICC
Art. 21 of the Phil. Revised Penal Code
" Rubrico vs. GMA, supra (from previous assignment);
" Villareal vs. People of the Philippines, GR 151258,
Feb. 1, 2012;
Principle of Legality in relation to:
o Customary International Law
o Treaty Law
" DOUBLE JEOPARDY
Non-bis-in-idem Art. 10 of the ICTY Statute
Ne-bis-in-idem Art. 20 of the Rome Statute of the ICC
Double Jeopardy Art. III, Sec. 21 of the 1987 Phil. Constitution
Sec. 17 (3) of R.A. 9851
o People vs. Verra, GR 134732, May 29, 2002
o People vs. Webb, GR 176389 (Resolution), Jan. 18, 2011
o Bayan Muna vs. Romulo, supra;
3. Further Reading
o International Criminal Law (Public International Law Bar Reviewer by
Atty. Ralph Sarmiento) PDF file uploaded in FB;