DIPAD, JHOZEN E.
INTRODUCTION TO HUMANITARIAN LAW
BAPS 4-1
Important Terms/Questions
How does International Law
influence the relationship between
states, and what are the stakes of
not abiding to international
policies?
PROF. JOHN CARLO COLOT
Notes
PUBLIC INTERNATIONAL LAW
“International Human Rights Law/International Humanitarian Law has something to do with the
Public International Law.”
- Regulates the relations between sovereign states such as other entities that have been
granted international personality
- Introduced by Jeremy Bentham in 1780 and used interchangeably with the laws of
nations.
- Under political law
- International in character
- Transactions of sovereign states (agreement with other countries, treaties)
- Sovereign states and other entities with international personalities (different
conventions, UN)
- As to the method it uses pacific or hostile methods
~ Interaction with other countries is important.
League of Nations
- Not in effect today. Dissolved and was replaced by United Nations
Universal Declaration of Human Rights (UDHR)
- Constitutional mandated, cannot be dissolved by the Congress
- To remove UDHR, there should be an amendment
Divisions of International Law
- Laws of peace
- Laws of war - if there is conflict
- Laws of neutrality
International Law has primary and secondary sources.
PRIMARY
- International treaties and conventions
- International customs - [customs, accepted and practiced by states | local setting,
observed by a group of people can be a culture, depends on if it is absolute,
exceptions: changes, not absolute, it is contrary to public morals, there must be
continuity, because if not, then it is not considered as customs.]
- General principles of law
- When it comes to the local primary sources of laws: statute, creation of legislature,
issuances of the president, Batas Pambansa, presidential decree, executive orders,
ordinances, and local governments unit, EO of mayor, gov, ordinances, etc.
~ Resolutions are made for recognition of legislative actions, mere opinion of the one who created
the resolution. Ordinances have cause and effect of law, imposition of penalties.
SECONDARY
- Decisions of Courts (ICJ, ITLOS, ICC) - decisions of courts or the jurisprudence
- Teaching of Publicists (Scholars, Experts)- Justices
Bases of International law - School of Thought
- The Law of Nature School - based on the natural universal principle of right and wrong
independent of mutual intercourse or compact discovered or recognized by every
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DIPAD, JHOZEN E. INTRODUCTION TO HUMANITARIAN LAW
BAPS 4-1 PROF. JOHN CARLO COLOT

individual through the use of his reason and conscience - MORALITY

● To do good and avoid evil - THE FIRST RULE OF MORALITY, Thomas
Aquinas
● Mala in se - crimes that are inherently evil, “evil in itself” have to be avoided
since it is against morality
● Humans are naturally good.
- The Positivist School - the binding force of international law is defined from the
agreement (the treaties) of the states to be bound by such covenants
● Equality of all sovereign - par in parem non habet imperium
● Coordination and not subordination
● Not because there are established laws in the international law, a state will be
required to follow. Through this school of thought, equality should be
sovereign, there should be equality first. We are not subordinate, but we are
in coordination.

- Eclectic/Grotian School - A compromise between the two schools and considers

international law as binding (there is treaty and agreement) because it is good and right
and because it is agreed upon by the states.
● Introduction by Hugo Grotius, a Dutch statesman, and jurist, and considered
the Father of International Law
● pacta sunt servanda - adherence in good faith “agreements must be kept

Functions of International Law

- promote international peace and security
- Foster friendly relations among nations
- Provide for orderly regulation of the conduct of states in their mutual dealings
- Ensure international cooperation in pursuit of certain common purposes of economic,
social, cultural, and humanitarian character
● President Donald Trump withdrawn in the support for WHO, because of
COVID-19, it was WHO, who said that there was no man-to-man
transmission, it was because of bats that COIVD-19 existed

Bases of Applying International Law in Local Jurisdiction

- Doctrine of Incorporation
● International laws are adopted as part of the state’s municipal law
● Section II Article 2 of the 1987 Constitution
(The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with
all nations.)
● What war was mentioned? Offensive war. Everyone has the right to self-
defense.
● Who can declare war in the Philippines? Congress has to declare the
existence of war by the vote of 2/3, but not declare war.

- Doctrine of Transformation
● The enactment by the legislative body of such international law principles that
are sought to be part of the municipal laws of the state
● Soft law vs hard law – soft law, no penalty clauses (international law)
● Called transformation because before we adopt a particular law, there must
be a counterpart, which is done by the legislative body, e.g., labor code.

Subjects of International Law

- States
- Colonies and dependencies

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BAPS 4-1 PROF. JOHN CARLO COLOT

● Used for countries that are under the dominion and sovereignty of other
states.
- Mandates and trust territories
● The League of Nations mandate refers to several territories established under
Art. 22 of the Covenant of the League of Nations on June 28, 1919 –
counterpart - Trusteeship Council
● Upon entry into force of the UN in 1945, mandates of the League of Nations
(except Southwest Africa) became United Nations Trust Territories, agreed at
the Yalta Conference
- The Vatican – member of the UN but only an observer state
● Holy See- from Latin “Sancta Sedes, Holy Chair” – not pertaining to people,
but to the chair itself
● The name “Vatican” is ancient and predates Christianity, coming from the
Latin “Mons Vaticanus” meaning Vatican Hill
● Government – absolute monarchy, elective monarchy – college of cardinals,
the one who votes
● Independence from the Kingdom of Italy – Lateran Treaty of February 11,
1929 – The Vatican before is included in the Kingdom of Italy. Benito
Mussolini has an agreement with Pope Pious XI, to spare the Vatican in
return of some territories within the jurisdiction of the Vatican.
- The United Nations
● Six Principal Organs:
⮚ General Assembly
o Main deliberative organ of the United Nations
o Composed of representatives of all member states, each of which has
one vote
o 2/3 votes for decisions on important questions including peace and
security, admission of new members, and budgetary matters.
o Other questions are by simple majority
o First President of UN - Carlos Romulo, 1949-1950
⮚ Security Council
o Maintenance of international peace and security
o Organized to be able to function continuously, and a representative of
each of its members must be present at all times at the United Nations
Headquarters
o When a complaint concerning threat to peace is brought before it, the
Council’s first action is to recommend to the parties to reach
agreement by peaceful means.
o Two kinds of members in the UN Security Council: Five permanent
members (China, France, Russian Federation, United Kingdom, United
States)
o 10 permanent members elected by GA for two-year term with no-
election (originally 6 but it was amended in 1965)
⮚ Economic and Social Council (ECOSOC)
o principal organ to coordinate economic, social, and related work of the
14 UN specialized agencies, 10 functional commissions and five
regional commissions
o serves as the central forum for discussing international economic and
social issues, and formulating policy recommendations addressed to
Member States and the United Nations systems
o They believe that 10% of the world is rich, that is why they focused on
economy
o Functions of ECOSOC
▪ promoting higher standards of living

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BAPS 4-1 PROF. JOHN CARLO COLOT

▪ full employment, and economic and social progress (ILO)

▪ identifying solutions to international economic, social and
health problems (WHO)
▪ facilitating international cultural and educational cooperation
(UNESCO)
▪ encouraging universal respect for human rights and
fundamental freedoms (UDHR)
▪ made sure that all rights are not violated (CHR) - PH
⮚ Trusteeship Council
o Formed in 1945 to oversee the decolonization of those independent
territories that are to be placed under the international trusteeship
system created by the United Nations Charter as a successor to the
League of Nations mandate system
o Function is to avoid colonization, that is why those territories which are
unmanned/no countries own it, the council prevents countries to
overpower those, to gatekeep these unowned territories.
o 11 territories were placed under trusteeship, 7 in Africa and 4 in
Oceania, 1945
o 10 of the trust territories had previously been League of Nations
mandates; 11 was Italian Somaliland.
o Suspended its operations
o The aims of trusteeship system have been fulfilled to such extent that
all Trust Territories have attained self-government or independence,
either as separate states or by joining neighboring independent
countries.
o the permanent members of the UN Security Council are the members
of the trusteeship council
⮚ International Court of Justice
o Principal organ of the United Nations (Peace Palace in the Hague
Netherlands)
o Started in 1946, replacing Permanent Court of International Justice
o ICC – ITLOS, UNCLOS, ICJ, UN
o Functions of ICJ
▪ Settle in accordance with the international law the legal
disputes submitted to it by States (not absolute, depends on
what a state is going to file/claims)
▪ To give advisory opinions on legal questions referred to it by
duly authorized international organs and agencies
▪ Former Justice Benzon, first Filipino to sit on ICJ – highest
qualification of the state that will nominate.
~ Bakit hindi dito nag-complain ang PH? Kasi asignatory sila (China and PH) ng UNCLOS, when
it comes to territorial, maritime disputes, doon sila sa UNCLOS, andon ang tribunal (ITLOS).
~ Jurisdiction of the PH (Art. I) - internal waters, contiguous zone, EEZ, high seas (baseline
method)
⮚ Secretariat
o an international staff working in duty stations around the world – carries
out the diverse date-today work of the organization (WORKFORCE OF
THE UN)
o it services the principal organs of the United Nations and administers
the programs and policies laid down by them
o The UN, while headquartered in New York (USA), maintains significant
presence in Addis Ababa (Ethiopia), Bangkok (Thailand), Beirut
(Lebanon), Geneva (Switzerland), Nairobi (Kenya), Santiago (Chile),
and Vienna (Austria), and has offices all over the world.

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BAPS 4-1 PROF. JOHN CARLO COLOT

● The UN Charter
⮚ Signed on June 26, 1945, by the representatives of 50 countries
⮚ Added Poland and became 51 states – there were no representative before
⮚ Today it has grown into a membership of 193 states
⮚ The newest member is Republic of South Sudan (July 9, 2011)
- Belligerent Communities – refer to next Cornell Notes table
- Internal administrative bodies
● One of the basic immunities if an integral organization is immunity from local
jurisdiction, i.e., that is immune from legal writs and processes issued by the
tribunals of the country where it is found. (SEAFDEC-AQD v. NLRC, February
14, 1992)
~ Generality Principle, there is an exception – the heads of state (Vienna Convention on
Diplomatic Relations)
- Individuals – were not subjects of international law
● Ruling of the Supreme Court
● In the international sphere, traditionally, the only means available for
individuals to bring claim within the international legal system has been when
the individual is able to persuade a government to bring a claim in the
individual’s behalf.
● Can an individual file a claim against the other state? No. He must be
represented by the state he belongs to.
● Even then, it is not the individual’s rights that are being asserted, but rather,
the state’s own rights. (Vinuya v. Exec. Sec. April 28, 2010)
● Peace treaty between Japan and Philippines for the Comfort Women.

Kellog - Briand Pact

- Frank Kellog of USA and Aristide Briand of France
- The pact of Paris is a General Treaty for renunciation of war as an instrument of
national policy.
- It is a 1928 international agreement in which signatory states promised not to use war
to resolve “disputes or conflicts of whatever origin they may be, which may arise among
them.”

~ The reason why we cannot go into aggressive war.

Summary

Public International Law allows countries to have good relations. States that are involved in disputes and other matters are settled through the
established organizations. States are allowed to file cases over their claims and these will be settled on international courts. The United
Nations has a huge role in maintaining peace between states, from diplomatic relations, territories, economy, and security. All of these are
covered by the UN through its different organs.