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PUBLIC INTERNATIONAL LAW

- Set of rules and principles that regulates the relationships

PUBLIC INTERNATIONAL LAW between states and other international entities (persons) and governs
their conduct affecting the INTEREST of the international community
as a whole.

Distinguished from Private International Law

- which refers to “the law of a state that determines whether, in
dealing with a factual situation, an event or transaction between private
By: Atty. Edgardo M. Villareal II
individuals or entities involving a foreign element, the law of some other
state will be applied or recognized.”

FUNDAMENTAL PRINCIPLES IN PUBLIC INTERNATIONAL LAW FUNDAMENTAL PRINCIPLES IN PUBLIC INTERNATIONAL LAW

- Latin phrase which means "towards all" or - From Latin: compelling law;
"towards everyone". English: preemptory norm.

- obligations owed by states towards the

- Norms that command peremptory
community of states as a whole (unconditional) authority, superseding
- all states have a legal interest in its conflicting treaties and customs; - Are
considered peremptory in the sense that they
compliance, thus, every state can invoke
are mandatory, and DO NOT ADMIT
responsibility for breach of such obligation.
DEROGATION, and can be modified only by
Such as: (a) outlawing acts of agression; general international norms of equivalent
(b) outlawing of genocide; authority. (Romulo vs Vinuya, GR 162230, April
(c) upholding basic human rights, 28, 2010)
including protection from slavery and racial
discrimination.
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Elements of Jus Cogens

i) a norm accepted and
recognized by
ii) the international
community of states as a whole May a treaty or
iii) no derogation is conventional rule qualify as a
permitted norm of jus cogens?
iv) which can only be
modified by a subsequent norm
having the SAME CHARACTER.

Note: If a treaty, at the time of its

conclusion, conflicts with jus
cogens, it is void.

Divisions of International Law

Jus Dispositivum
- Refers to norms of ordinary
customary international law
subject to the disposition of the
parties. A norm that is created
by the consent of participating
nations, as by an international
agreement, and is binding only
on the nations that agree to be
bound by it. (Black's Law
Dictionary, 7th Edn., p. 864.)
a) Laws of Peace
b) Laws of War
Jus Cogens c) Laws of Neutrality (rules governing states not involved in hostilities)
- Refers to duties which every
state owes to the international
community as a whole as a norm
from which no derogation is
permitted and can be modified
only by a subsequent norm of
general international law having
the same character.
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Note:
- The Philippines is a dualist state.
Monism Dualism

Have a unitary concept of law and see
all laws (both international and
municipal) as an integral part of the
same system.
If conflict exists between international
law and municipal law, international
law must prevail.
Domestic and international law are
Fitzmaurice Compromise
INDEPENDENT of each other, as they
regulate different subject matters.
In case of conflict between International law and municipal law, the
first rule is to reconcile the incongruity to avoid any contrariety. if the clash
International law regulates the relations of
sovereign states, while municipal law
is inevitable, apply the Lex Fori rule:
regulates internal affairs of a state.
- If the forum is the local tribunal, the primacy of municipal law,
especially if the latter is more recent, must prevail; and
No conflict can ever arise because the two - if the forum is an international tribunal/body, the supremacy of
system are MUTUALLY EXCLUSIVE. If international law principle is to be upheld.
international law is applied within a state,
it is only because it has been expressly
incorporated by municipal law.

Doctrine of Incorporation - rules of international law forms part of the

laws of the land and no further legislative action is needed to make such
rules applicable in the domestic sphere.
- Kuroda vs. Jalandoni, 83 Phil 171
- Razon vs.Tagitis (GR No. 182498, December 3, 2009)
Note: R.A. 10353 - Anti-Enforced or Involuntary Disappearance Act of 2012
- Approved: DEC 21 2012 (IRR drafted on 12 Feb. 2013)

Doctrine of Transformation - the doctrine holds that international laws

are not per se binding upon the state but must first be embodied in
legislation and so transformed into municipal law.
- Sec. 21, Art VII
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Sources
1) Primary sources - International conventions, International customs, general
principles of law recognized by civilized nations. Subjects (entity with capacity of Objects - a person or thing in respect
2) Secondary sources - decisions of international tribunals; and teachings of most possessing international rights and of which rights are held and
highly qualified publicists of various nations. obligations assumed by the subject)
duties and of bringing international
Formal vs Material sources - formal sources consists of the methods and claims)
procedures by which norms are created while material sources are the substantive 1. States
2. International organizations
evidence of the existence of norms.
3. Individuals
Hard law means binding laws. hard law includes treaties or international
agreements, as well as customary laws. These instruments result in legally enforceable Note: Under the modern concept of
commitments for countries (states) and other international subjects. International Law, international entities
now include int’l org., transnational
Soft law means commitments made by negotiating parties that are not legally
corp. and individuals.
binding. By implication, those set of international customary rules, laws and customs which
do not carry any binding effect whatsoever or impose no obligation at all to states for its
compliance.

Effect of Change of Sovereignty:

- Political laws of the old sovereign is automatically abrogated;
Note: “Principle of State Continuity” - municipal/civil laws still effective, unless abrogated by the new
Fundamental Rights of a State
sovereign
1) Existence and self preservation – (Right of - Macariola vs. Asuncion,A.M. No. 133-J May 31, 1982
self defense)
2) Sovereignty and Independence -
(Consider: Auto-limitation principle - any
state, may by its consent, express or implied,
submit to a restriction of its sovereign rights.)
3) Equality –
(Consider: Principle of Most Favored Nation)
4) Property and jurisdiction –
(Consider: Extra-Territoriality principle)
5) Diplomatic Intercourse –
(Consider: Act of State Doctrine)
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Recognition of states
- Political act of the President, not subject to judicial review Recognition of State Recognition of Government

- Carries with it the recognition of - May be withheld from a succeeding

Kinds of Recognition: De jure or de facto government since the former implies government brought about by violent
De Jure De Facto that a State recognized has all the or unconstitutional means.
essential requisites of a State at the
Relatively permanent Provisional or temporary time recognition is extended. Once
recognition of state is accorded, it is
(usually during the duration of generally irrevocable.
armed struggle)
Note:
Tobar or Wilson Doctrine - precludes recognition to any government coming into
Vests title to properties of gov't Does not vest title to properties existence by revolutionary means, as long as the freely elected representatives of the people
abroad abroad have not constitutionally recognized the country.

Estrada Doctrine - it involves a policy of never issuing any declaration giving

Brings about full diplomatic Limited to certain juridical relations
recognition to governments and accepting whatever government is in effective control without
relations raising the issue of recognition. An inquiry into legitimacy would be an intervention in the
internal affairs of another state.

Beligerency - exists when the inhabitants of a State rise up in arms for the Beligerency Insurgency
purpose of overthrowing the legitimate government or when there is a state
of war between two states. More serious and widespread; Initial stages of war; rebel movement;
presupposes the existence of war usually not recognized
Requisites in recognizing Belligerency bet. 2 states (1st sense) or actual
civil war w/in a single state (2nd
1. There must be an Organized civil government directing the rebel forces; sense)
2. The rebels must occupy a substantial portion of the Territory of the state;
3. The conflict between the legitimate government and the rebels must be Governed by the rules on Sanctions to insurgency are governed
Serious, making the outcome uncertain; international law as the by municipal law (RPC)
belligerents may be given
4. The rebels must be willing and able to observe the laws of War.
international personality

- The United Nations is an intergovernmental
organization tasked to promote international
co-operation and to create and maintain
international order.
- objectives include maintaining
international peace and security, promoting
human rights, fostering social and economic
development, protecting the environment,
and providing humanitarian aid in cases of
famine, natural disaster, and armed conflict.
- established on 24 October 1945.
- At its founding, the UN had 51 member
states, there are now 193.
- Headquarters in in Manhattan, New York
City
Right of Legation - the right of a state to maintain diplomatic relations with other
states.
Agreation - Practice of states in sending diplomatic officers (chief of
mission) in the sending state, to avoid embarrassment. It consists of 2 acts:
a) Inquiry - informal communication on the possible "acceptability"
of the proposed "chief of mission".
b) Agrement - communication (also informal) by the receiving state
on the "acceptability" of the proposed chief of mission.
Letter of credence - the document (indicating his rank and his mission) by
which the envoy is accredited by the sending state to the foreign state and a request
that he be received favorably and full credence be given to what he says on behalf of
his state.
Letter Patent - (or letre d' provision) - commission or appointment of a
consul addressed to the receiving state.
Exequatur - permission given by the receiving state to perform consular
function in the its territory.
Doyun De Corps - Head of the Diplomatic Corps (in catholic countries, the
papal nuncio)
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U.N. Principal organs:
1) General Assembly;
2) Security Council;
3) Economic and Social Council;
4) The Secretariat;
5) The International Court of Justice;
6) U.N. Trusteeship Council (inactive since 1994);
U.N. System Agencies include:
1) World Bank Group;
2) World Health Organization;
3) World Food Programme;
4) UNESCO;
5) UNICEF
Members of Security Council - 15 members (5 permanent /10 non-permanent)
Permanent members – China, France, Russia, UK, USA
Non-permanent members are elected by the General Assembly for a term of 2
years
Functions of the Diplomatic Mission
a) Represent sending state in receiving state;
b) Protect in receiving state the interest of the sending state and its nationals;
c) Negotiate with gov't of receiving state;
d) Promote friendly relations between the 2 countries, as well as developing their
economic, cultural and scientific relations;
e) Ascertain by all lawful means conditions and developments in receiving state and
reporting thereon to the sending state;
Diplomatic (and Consular) Immunity
1) Personal inviolability (not subject to arrest and imprisonment)
2) Inviolability of premises (immunity from search & seizure) (extra-territoriality principle)
3) Inviolability of archives and documents
4) immunity from criminal, civil or administrative liability
5) inviolability of correspondence and communication
6) freedom from movement and travel
7) exemption to give evidence as witness
8) exemption from duties and taxes, as a general rule
9) use of flag and emblem in the receiving state
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Exceptions to the privileges and immunities of diplomatic representatives

DIPLOMATIC IMMUNITY
MAY BE WAIVED, 1. Any real action relating to private immovable situated in the territory of the
EXPRESSLY OR receiving state, unless the envoy holds the property on behalf of the sending state;
IMPLIEDLY 2) Action relating to succession, where the diplomatic agent is involved as
executor, administrator, heir or legatee as a private person and not on behalf of the
sending state;
Who may validly 3) Action relating to any professional or commercial activity exercised by the
waive diplomatic diplomatic agent in the receiving state outside of his official functions.
immunity?

Grounds for termination of diplomatic relations under municipal law Types of Consuls
1) Resignation - Consulesmissi - professional or career consuls who are nationals of the sending
2) Accomplishment of the purpose state & are required to devote their full time to the discharge of their duties.
3) Death - Consuleselecti - May or may not be nationals of the sending state & perform
4) Abolition of the office their consular functions only in addition to their regular callings.
5) Removal
Duties of Consul: (POPIS)

Grounds for termination of diplomatic relations under Int'l law 1. Protect the interest of sending state and its national in the receiving state;
2. Observes the conditions and developments in the receiving state and report the same
1) War
to the sending state;
2) Extinction of either state
3. Promote commercial, economic, cultural, & scientific relations of the sending &
3) Recall receiving states;
4. Issuance of passports and other travel documents to nationals of the sending state
Note: - Termination of diplomatic relations does not automatically result in the termination of and visas or appropriate documents to persons intending to travel to the sending state;
consular relations. 5. Supervision and inspection of vessels and aircraft of the sending state.
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Immunities & privileges of consuls/members consular post

1. Inviolability of correspondence, archives and documents; - International Agreement;
2. Freedom of movement & travel; - Concluded between states;
3. Immunity from local jurisdiction for acts performed in official capacity; - Embodied in one or more instrument;
4. Exemption for certain taxes and duties. - And is governed by international law.
(Art. 2, Vienna Convention on the Law of
However, consuls are: Treaties)
1. Liable to Arrest & punishment for grave offenses;
Types of treaties or international
2. May be required to give testimony, subject to certain exceptions (i.e. -matters conventions
connected with the exercise of their functions; produce official correspondence and 1. Contract treaty (Traite contract)
documents; to give evidence as expert witness with regard to the law of the sending state) 2. Law making treaty (Traite loi) –
concluded by by a large number of States
Grounds for termination of consular office: for purposes of:
a) Declaring, confirming, or
1. Death defining their understanding of what the
2. Recall law is on a particular subject;
3. Dismissal b) Stipulating or laying down new
4. Withdrawal of his exequatur general rules for future international
5. War conduct; and
c) Creating new international
institutions.

Who are bound by treaties and international conventions?

Gen. Rule: Only the Parties
Exception: When reflective of the will of the family of nations.
Pacta Sunt Servanda - parties to a treaty
must comply with their treaty obligation
Elements of international custom? in good faith. A treaty engagement is not
1. General practice, characterized by uniformity and consistency; a mere moral obligation but creates a
legally binding obligation on the parties.
2. Opinio juris, or recognition of that practice as a legal norm and
therefore obligatory; and Note: - a state can avoid performance of
3. Duration - No particular length of time is required but the practice obligation under the treaty if the treaty
collides with its Constitution, but it
should have extensive and virtually uniform and in such a way as to show a cannot ESCAPE LIABILITY that it may
general recognition that a rule of law or legal obligation is involved.) incur as a result of such non-
performance.

Rebus sic stantibus - A

FUNDAMENTAL CHANGE of
circumstance may be a ground for a
treaty to be suspended or terminated.
but the change or transformation must
be radical and must not have been
caused by the party invoking the
doctrine. (Note: exception to pacta
sunt servanda)

Essential Requisites of a treaty:
1. Entered by parties with treaty making capacity;
2. Through their authorized representatives;
3. W/out attendance of duress, fraud, mistake, or other vice of consent;
Note: Doctrine of unequal treaty - a treaty entered into by means of coercion or
duress is void.
4. Lawful subject matter;
5. In accordance with their respective constitutional process.
Steps in Treaty Making
1. Negotiation [Akbayan v. Aquino, G.R. No. 170516, July 16, 2008 (JPEPA)]
2. Signature - (The signature does not signify the final consent of the state to the
treaty. It is the ratification that binds the state to the provisions thereof.)
3. Ratification - the act by which the provisions of a treaty are formally confirmed
and approved by a State.
(Note: By ratifying a treaty signed in its behalf, a state expresses its willingness to
be bound by the provisions of such treaty)
4. Exchange of Instruments of ratification
5. Registration & publication with UN (although this step is not essential to the
validity of the agreement as between the parties.)
Instances where a state, which is not a party/signatory to the treaty may be
BOUND by the treaty:
1. When the treaty is a mere FORMAL EXPRESSION of customary
international law, which, as such is enforceable on all civilized states because of their
membership in the family of nations;
2. Under Art. 2 of UN Charter, UN members shall ensure that non-member states,
ACT IN ACCORDANCE with the principles of the Charter so far as may be necessary for the
maintenance of international peace and security. Under Art. 103, obligations of
member-states shall prevail in case of conflict with any other international agreement
including those concluded with non-members;
3. The treaty contains a provision to extend benefits to non-signatory
states;
4. When "the most favored nation clause" is extended to one state;
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Case:
Pimentel vs. Executive Secretary, GR No. 158088, July 6, 2005 - it is within the
power of the President to refuse to submit a treaty to the Senate or refuse to ratify
it. The Senate's role is LIMITED only to GIVING OR WITHOLDING its
CONCURRENCE to the ratification. The Senate cannot, by mandamus, compel
the executive to transmit a treaty for concurrence.
There is no legal obligation to ratify a treaty, but it goes without saying that the
refusal must be based on substantial grounds and not on superficial or whimsical
reasons. Otherwise, the other state would be justified in taking offense
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties enjoining the states to
refrain from acts which would defeat the object and purpose of a treaty when
they have signed the treaty prior to ratification unless they have made their
intention clear not to become parties to the treaty
Reservation - a unilateral statement made by a state, when signing, ratifying,
accepting, approving or acceding to a treaty, whereby it intends or purports to
EXCLUDE or modify the legal effect of certain provisions of the treaty in their
application to that state.
It cannot be made in instances:
a) the treaty provides that no reservation shall be admissible;
b) the treaty allows only specified reservation, which do not include the
reservation in question;
c) the reservation is incompatible with the object & purpose of the
treaty.
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In case of conflict between a treaty and a custom, which shall prevail? Clean Slate Rule - when one state ceases to exist and is succeeded by another
(LATTER OCCURENCE PREVAILS), - the treaty, if it comes after a on the same territory, the successor is not bound to maintain or observe the treaty,
particular custom, OR vise versa unless:
Treaty distinguished from executive agreement 1) the latter agrees to be bound by it;
T - involves basic political issues, changes in national policy and are more 2) treaties affecting boundary regime (uti possidetis)
permanent in nature; concurrence of senate is required (under Phil. Constitution) 3) Customary international law.
EA - Adjustments of details in carrying out well established national policies and
are merely temporary arrangements; no need of senate concurrence
Grounds for Termination of a treaty
1. Rebus sic stantibus
9. Expiration of term
6. Voidance of treaty
7. Outbreak of war
8. Loss of subject matter
2. Accomplishment of purpose
3. Impossibility of performance
4. Novation
5. Extinction of one party

State responsibility
Nationality and statelessness
Doctrine of genuine link - the bond of nationality must be real and effective in Doctrine of state responsibility - A state may be held responsible for an
order that a state may claim a person as its national for the purpose of affording him international delinquency directly or indirectly imputable to it which causes
diplomatic protection. injury to the national of another state. Liability will attach to the state where its
Doctrine of indelible allegiance - an individual may be compelled to retain his treatment of the alien falls below the international standard of justice or
original nationality notwithstanding that he has already renounced it under the law of where it is remiss in affording him the protection or redress that is warranted
another state whose nationality he has acquired.
by the circumstances.
Doctrine of effective nationality - a person having more than one nationality shall
be TREATED as if he had one - either the nationality of the country in which he is habitually
Requisites for the enforcement of the doctrine of state responsibility
and principally residing or the nationality of the country with which in the circumstances he
appears to be in fact most closely related. 1. The injured alien must first exhaust all local remedies; and
2. He must be represented in the international claim for damages by his
Protection of stateless person (PARRELS) own State.
1. Public relief and assistance
2. Access to courts
3. Religious Freedom Note: Vinuya vs. Exec. Sec. Romulo, GR 162230, April 28, 2010 - The
4. Rationing of products in short supply Philippines is NOT under a non-derogable obligation to prosecute international
5. Elementary education
crimes committed against its citizens.
6. Labor legislation
7. Social Security
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3. Protective principle - an exception to the territoriality principle in the sense

Jurisdiction of States that it allows a sovereign state to prosecute or assert jurisdiction over individuals
who commit acts that threaten state security or interferes with the operation of the
1. Territoriality principle
government.
2. Nationality principle and statelessness
Nationality principle - Every state has jurisdiction over its nationals even 4. Universality principle - allows every state to prosecute individuals regardless
when those nationals are outside the state. of nationality, or situs of the offense for as long as the crime/s committed is
Statelessness - a condition or situation where one who does not have a considered a universal crime, such as genocide, crimes against humanity, forced
nationality or who have lost one. disappearance, extrajudicial killings, torture, war crimes, etc.
a) De Jure Stateless - Those who have lost their nationality and
5. Passive personality principle - allows state to prosecute foreign nationals for
who have not acquired a new one.
crimes committed abroad that affect its own citizens.
b) De Factor stateless - Those who have a nationality but to
whom protection is denied by their state when out of the state. (This is the
situation of many refugees.)

Principle of non-refoulment - a state may not deport or expel refugees

to the frontlines of territories where their life or freedom would be put in
danger or risk,

Extradition - the right of a state, pursuant to a treaty, to demand the surrender of a person within Procedure
the territory of another state, and the correlative duty of the latter to surrender the same. 1) File request through diplomatic channels
2) DFA forwards request to DOJ
Distinguished from deportation - unilateral act of the state, based on cause/s arising in
3) DOJ evaluates the records
the local state.
4) DOJ files petition for extradition
Kinds of Extradition 5) Court determines prima facie findings on the:
Specialty Rule - extraditable crimes are listed in the extradition treaty (a) sufficiency in form and substance of the petition;
Dual criminality rule - extraditable crimes are those punished by both state parties to
(b) compliant with extradition treaty and law;
the treaty.
(c) person is extraditable.
Fundamental principles in extradition 6) After positive determination thereof, court issues warrant of arrest
1) must be established pursuant to a treaty; 7) Hearing and decision
2) any person may be extradited, need not be a citizen of the requesting state;
8) Appeal to CA within 10 days, whose decision shall be final and executory
3) Political and religious offenses are not extraditable;
9) Decision forwarded to DFA through the DOJ
4) the offense must have been committed within the territory of the requesting state or
10) Individual is placed at the disposal of the authorities of requesting state
against its interest
- cost and expenses shall be shouldered by the requesting state.
Note: The assassination of the head of state or any member of his family is not regarded as
political offense for purpose of extradition. it also applies for the crime of genocide. This is Note: Extradition treaty is not a penal law; hence, the rule on ex post facto law does not apply.
known as the "Attentant Clause" (Wright vs. CA, GR No. 113213, April 15, 1994)
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Universal Declaration of Human Rights - The basic international statement of

Note: Under UNCTO (UN Convention against Torture & Other Cruel, Inhuman or Degrading
inalienable and inviolable rights of human beings. The first comprehensive
treatment or Punishment - effective June 26, 1987), no state shall extradite a person to another
human rights instrument.
state where there are substantial grounds for believing that he would be in danger of being
subjected to TORTURE.
- Adopted by the UN Gen. Assembly on 10 Dec. 1948. UDHR is not a treaty.

Cases:
- Secretary of Justice vs. Judge Lantion , (GR 139465, Oct 17, 2000) - An extradition
proceeding is sui generis. It is not a criminal proceeding which will call into operation all the
rights of an accused as guaranteed by the Bill of Rights. To begin with, the process of
extradition does not involve the determination of the guilt or innocence of an accused. His
guilt or innocence will be adjudged in the court of the state where he will be extradited. Hence,
as a rule, constitutional rights that are only relevant to determine the guilt or innocence of an
accused cannot be invoked by an extraditee especially by one whose extradition papers are still
undergoing evaluation.
- it covers
1st generation) civil and political rights;
2nd gen.) economic, social and cultural rights;
3rd gen.) Right to dev't, right to peace & right to environment.
it is considered as customary international rights. hence, when the bill of
rights under the constitution are inoperative, the rights under UDHR remained in
effect. (Republic vs Sandiganbayan, GR 104768, July 21, 2003)

- US vs Purganan, GR 148571, Sept. 24, 2002

- Gov’t of Hong Kong Special Adm. Region v. Olalia Jr., G.R 153675, Apr. 19, 2007

2. International Covenant on Civil and Political Rights

3. International Covenant on Economic, Social and Cultural Rights (ICESCR)
- May be derogated during public emergency. - (Examples: - right to travel, privacy,
Rights guaranteed:
expression, peaceful assembly, association, right to marry and found a family) (Derogation
a) Right to work;
Clause) b) Social Security;
Exception: Non- Derogable Rights c) Adequate Standard of living
a) Right to Life d) Adequate Housing, Food and Clothing
b) Freedom from Torture or Cruel, Inhuman or Degrading Punishment e) Health
c) Freedom from Slavery f) Education
d) Freedom from Imprisonment for failure to fulfill a contractual obligation g) Cultural right
e) Freedom from Ex Post Facto Law
f) Right of Recognition everywhere as a person before the law
g) Freedom of Thought, Conscience and Religion

Gen. Duties/Obligations of State Parties' to ICESCR:
1. Respect - Refrain from interfering with enjoyment of rights. Thus, there is a
violation if it engages in forced eviction;
2. Protect - (Negative obligation) - Prevent violations by third parties. Thus,
failure to ensure compliance by private employers with basic labor standards
violates the right to work.
3. Fulfill - (Positive Obligation - Take appropriate measures (legislative, judicial,
etc.) towards the full realization of the rights. Thus, the states' failure to provide
essential primary health care to the needy amounts to a violation.
Apartheid – a system of institutionalized racial segregation and discrimination for
the purpose of establishing and maintaining domination by one racial group of
persons over another group and systematically oppressing them.
Gen. Rule
- Under Art. 2 (4) of the UN Charter, all member states are bound to refrain from
THREAT or USE OF FORCE against the territorial integrity or political independence of a
state.
Exception: Self-Defense (This is the justification made by U.S. when it invaded Iraq (Gulf
War)
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International Humanitarian Law
- Also known as the law of armed conflict or the law of war.
- It is the law that regulates the conduct of armed conflicts (jus in bello – Law in
War). It seeks to limit the effects of armed conflict by protecting persons who are
not or no longer participating in hostilities, and by restricting and regulating the
means and methods of warfare available to combatants.
- (Jus ad bellum or jus contra bellum) - (law on the use of force or law on the
prevention of war
Two branches of IHL
1. Law of Geneva – designed to safeguard military personnel who are no longer
taking part in the fighting and people not actively engage..
2. Law of the Hague – establishes the rights and obligations of belligerents in the
conduct of military operations, and limits the means of harming the enemy.
Basic principles that underlie the rules of warfare
1. The principle of military necessity – The belligerent may employ any amount of force to
compel the complete submission of the enemy with the least possible loss of lives, time and
money.
Note: Under R.A. 9851, it is the necessity of employing measures which are indispensible to
achieve a legitimate aim of the conflict and not prohibited by IHL
2. The principle of humanity – Prohibits the use of any measure that is not absolutely necessary
for the purpose of the war, such as the poisoning of wells.
3. The principle of chivalry – Prohibits the belligerents from the employment of treacherous
methods, such as the illegal use of Red Cross emblems.
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R.A. 9851 - the Philippine Act on Crimes Against International Humanitarian Law,
Rights of prisoners of war Genocide and other Crimes Against Humanity. Its State policies include:
1) humane treatment
2) no torture 1. The renunciation of war and adherence to a policy of peace, equality, justice,
3) right to communicate with family freedom, cooperation and amity with all nations.
4) Food, clothing, religious articles, medicine 2. Values the dignity of every human person and guarantees full respect of
5) right to his personal belongings human rights
6) proper burial 3. Promotion of Children as zones of peace
7) group according to nationality 4. Adoption of the generally accepted principles of international law
8) repatriation for sick and wounded 5. Punishment of the most serious crimes of concern to the international
community
6. To ensure persons accused of committing grave crimes under international
law all rights for a fair and strict trial in accordance with national and international
law as well as accessible and gender‐sensitive avenues of redress for victims of
armed conflicts

Law on neutrality
HUMAN RIGHTS VS INTERNATIONAL HUMANITARIAN LAW - Non participation, directly or indirectly, in war; exists only during war time and
Human Rights Law (IHL) International Humanitarian Law is governed by the law of nations. (Examples: Switzerland, Sweden, The Vatican City,
- Protects the individual at all times - Applies in situations of armed conflict. Costa Rica)
in war and peace alike.
- Some human rights treaties - No derogations are permitted under IHL because Non-alignment (Neutrality)
permit governments to derogate it was conceived for emergency situations, namely - Refers to peacetime foreign policy of nations desiring to remain detached from
from certain rights in situations of armed conflict. conflicting interests of other nations or power groups.
public emergency.
- Tailored primarily for peacetime, - Aims to protect people who do not or are no
Right of angary (expropriation):
- the property is in the territory or under the control/jurisdiction of the
and applies to everyone. Their longer taking part in hostilities. The rules
belligerent (can be in the high seas also);
principal goal is to protect embodied in IHL impose duties on all parties to a
- there is urgent necessity for the taking;
individuals from arbitrary behavior conflict.
- just compensation is paid to the owner.
by their own governments. Human
rights law does not deal with the
conduct of hostilities.
- States are bound by human rights - Humanitarian law obliges States to take practical
law to accord national law with and legal measures, such as enacting penal
international obligations. legislation and disseminating IHL.
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Function
- to settle, in accordance with international law, legal disputes submitted to it by States;
- (ICJ) is the principal judicial organ of
- to give advisory opinions on legal questions referred to it by authorized United
the United Nations (UN);
Nations organs and specialized agencies.
- established in June 1945 by the
Charter of the United Nations; Note: States are not authorized to request for advisory opinion from the ICJ, but they may
- Seat of the Court is in Hague be entitled to appear before the Court and present written or oral statements on the
(Netherlands). questions.
- Of the six principal organs of the Note: The doctrine of Stare decisis does not apply in decisions of ICJ – The decision of
U.N., it is the only one not located in the Court (ICJ) has no binding force except between the parties and in respect of that
New York (USA). particular case.”
- Its official languages are English & - The common law notion of precedent or stare decisis does not apply to the
French. decisions of the ICJ. The court's decision binds only the parties to that particular
controversy. Under 38(1)(d), however, the court may consider its own previous
decisions.
- If the parties agree, they may also grant the court the liberty to decide ex
aequo et bono ("in justice and fairness"), granting the ICJ the freedom to make an
equitable decision based on what is fair under the circumstances.

Article 33 UN Charter lists the following methods for the pacific settlement of
disputes between States: - World’s first permanent international judicial
1) negotiation; body;
2) enquiry; (ascertainment of pertinent fact & issue in a dispute; fact-finding)
- Purpose is to provide redress to victims if the
3) mediation;
state is unable or unwilling to do so;
4) conciliation; (a combination of mediation and inquiry)
5) arbitration; - Jurisdiction covers the crime of genocide,
6) judicial settlement; crimes against humanity, war crimes and the
7) resort to regional agencies or arrangements; crime of aggression as defined in the Statute;
8) other peaceful means (such as tender of good office) - The Statute was opened for signature by all
states in Rome on July 17, 1998 and had
Diplomatic Means: 1. Exchange of Information and Communication 2. remained open for signature until December
Consultation 3. Negotiations 4. Good Offices 5. Mediation 6. Inquiry 7. Conciliation 31, 2000 at the United Nations Headquarters in
New York.;
Judicial Means: 1. Arbitration 2. The International Court of Justice - The Philippines signed the Statute on
December 28, 2000 through Charge d’
Affairs Enrique A. Manalo of the Philippine
Mission to the United Nations. Its provisions,
however, require that it be subject to
ratification, acceptance or approval of the
signatory states.
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Law of the Sea

International Law of the Sea - Body of treaty rules and customary norms
governing the uses of the sea, the exploration of its resources, and the exercise of
Note:
jurisdiction over maritime regimes.
- Jurisdiction is non-retroactive; (Rome statute took effect on July 1, 2002)
- Exercises jurisdiction only when state is unable or unwilling to act and United Nations Convention on the Law of the Sea (UNCLOS)- defines the
rights and obligations of nations in their use of the world's oceans, establishing
refer to ICC; or UN Security Council refers it (ICC) to act. (Principle of
rules for business, the environment and the management of marine natural
Complementarity) resources.
1. Baselines
- ICC cannot hear a case when a state has decided to act 2. Archipelagic states
a) Straight archipelagic baselines
- Art. 20 of ICC statute allows the ICC to prosecute a person for a crime b) Archipelagic waters
c) Archipelagic sea lanes passage
referred to in the statute, even after being tried for the same act in a national
3. Internal waters
court.
4. Territorial sea
5. Exclusive economic zone
6. Continental shelf
a) Extended continental shelf
7. International Tribunal for the Law of the Sea

International Environment Law

Principle 21 of the Stockholm Declaration
- States have the sovereign right to exploit their own resources pursuant to
their own environmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of Thank You and Good Luck!!!
other states or of areas beyond the limits of national jurisdiction.
Precautionary Principle
- This principle is expressed in the Rio Declaration, which stipulates that,
where there are “threats of serious or irreversible damage, lack of full scientific
certainty shall not be used as a reason for postponing cost-effective measures to
prevent environmental degradation.”
Polluter Pays Principle
- The purpose of many environmental regulations is to force polluters to
bear the real costs of their pollution, though such costs often are difficult to
calculate precisely.