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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
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
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
* and Development
Human Rights:
What are the main purposes of U.N under Article 1 of U.N. Charter?
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.
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:
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
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.
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
Answer:
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
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?
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.
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
Jomarie Tiu
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.
Defined by law
Legitimate purpose
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
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
Ans.
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.
Its purposse is to regulate how wars are fought without prejudice to the reasons of how or why they had
begun.
Ans.
1. General Assembly
2. International courts
3. The security council
4. Economic and social council
5. Human rights council
Human Rights
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
CARLO TANDEA
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.