War As an Action

Armed contention between the public forces of states or other belligerent communities, implying the employment of violence among the parties as a means of enforcing their respective demands upon each other

As a Status War may exist even without the use of force as when one state formally refuses to be governed

by the laws of peace in its relations with another state even if actual hostilities have not taken place between them

Bellum Justum

War may be a just war if it is a reaction to an international delict

- Outlawed already by the UN Charter which expressly prescribes the abstinence from the use of force in the solution of international disputes. Laws of War

Declaration of Paris of 1856 Warfare at Sea

Hague conventions of 1899 Use of expanding bullets and asphyxiating gases

Hague conventions of 1907 Opening of hostilities, laws and customs of warfare on land, conversion of mechant ships into

warships etc. Geneva Convention of 1925

Use of asphyxiating, poisonous, and other gases and of bacteriological methods of warfare Geneva Convention of 1929

Treatment of the sick and wounded and of prisoners of war Declaration of London of 1936

Use of submarines against merchant vessels Geneva Convention of 1949

Amelioration of the sick and wounded on land on sea and treatment of POW and protection of civilians

How are violations of the laws of war sanctioned?

1. Protest lodged by one belligerent, usually accompanied or followed by an appeal to world opinion against the unlawful acts of warfare committed by the other belligerent

2. Reparation for damages caused by the defeated belligerent 3. Punishment of war criminals

Commencement of War Hague Conventions of 1907: Hostilities must not commence without a previous and explicit warning, in the form either

a. Reasoned declaration of war b. An ultimatum with conditional declaration o War is supposed to commence on the date specified to the enemy. o War is deemed to have commenced upon the commission of an act of force by at least on of the

belligerents as an act of war

Effects Of The Outbreak Of War Laws of peace cease to regulate the relations of the belligerents and are superseded by the laws of war Diplomatic and consular relations between the belligerents are terminated and their respective

representatives are allowed to return to their own countries Treaties of political nature, such as treaties of alliance, are automatically canceled, but those which are

precisely intended to operate during war are activated. Treaties of technical or administrative matters are suspended.

Individuals are impressed with enemy character: As nationals, as domiciliary, and as participants in the activities

Enemy public property found in the territory of the other belligerent at the outbreak of the hostilities is, with certain exceptions, subject to confiscation

Combatants Members of the armed forces, except those not engaged in combat like chaplains and medical personnel Irregular forces, provided that: a) They have a commander responsible for them; b)They wear a fixed

distinctive sign recognizable at a distance; c) Carry arms openly; d) Conduct their operations in accordance with the laws and customs of war

Inhabitants of unoccupied territory who, on approach of the enemy, spontaneously take arms to resist the invading troops without having time to organize themselves

Officers and crew of merchant vessels who forcibly resist attack Treatment of POW

1. Right to be accorded the proper respect commensurate with their rank 2. Right to adequate food and clothing 3. Right to safe and sanitary quarters 4. Right to medical assistance 5. Right to refuse to give military information or render military service against their own state 6. Right to communicate with their families

Basic Principles Of The Rules Of Warfare

Military Necessity Belligerents may, subject to the other two principles, employ any amount and kind of force to compel the complete submission of the enemy with the least possible loss of lives, time and money

Principle of Humanity Prohibits the use of any measure that is not absolutely necessary for the purposes of the war, such as poisoning of wells and weapons, the employment of dumdum or expanding bullets and asphyxiating gases, the destruction of works of art and property devoted to religious or humanitarian purposes, the bombing of undefended places, and attack of hospital ships

Principle of chivalry Basis of such rules as those that require the belligerents to give proper warning before launching a bombardment or prohibit the use of perfidy in the conduct of hostilities

Kinds Of Warfare

1. Land 2. Sea 3. Air - Separately or simultaneously

Theatre of War Place where the hostilities are actually conducted

Region of war

Greater area where the belligerents may lawfully engage each other Belligerent Occupation

Territory is deemed occupied when it is actually placed under the authority of the hostile army, but this occupation is limited only to the area where such authority has been established and can be effectively exercised

Belligerent occupation does not result in transfer or suspension of the sovereignty of the legitimate government although it may at the moment be unable to exercise it

Posliminium

That in which persons or things taken by the enemy are restored to the former state on coming actually into the power of the nation in which they belong

Jus postliminuim: reinstatement of the authority of the displaced government once control of the enemy is lost over the territory affected

NON-HOSTILE INTERCOURSE

1. Flag of truce white flag carried by an individual authorized by one belligerent to enter into communications with the other

2. Cartels agreements to regulate intercourse during war on such matters as postal and telegraphic communications, the reception of flags of truce, and the exchange of prisoners

3. Passport written permission given by the belligerent government or its authorized agent to the subjects of the enemy state to travel generally in belligerent territory

4. Safe-conduct pass given to an enemy subject or to an enemy vessel allowing passage between defined points

5. Safeguard protection granted by a commanding officers either to enemy persons or property within his command

6. License to trade permission given by the competent authority to individuals to carry on trade even though there is a state of war

SUSPENSION OF HOSTILITIES

o Suspension of arms temporary cessation of the hostilites by agreement of the local commanders for the purpose of gathering the wounded and the burial of the dead

o Armistice suspension of all hostilities within a certain area in the entire region of the war for the purpose of arranging the terms of peace

o Cease-fire unconditional stoppage of hostilities by order of an international body for the purpose of employing peaceful means of settling the differences between the belligerents

o Truce Cease-fire with conditions attached o Capitulation surrender of military forces, places, or disticts in accordance with the rules of

military honor TERMINATION OF WAR

1. Simple cessation of hostilities 2. Treaty of peace 3. Defeat of one of the belligerents

The United Nations History 1. THE ST. JAMES PALACE DECLARATION

The only true basis of enduring peace is the willing cooperation of free peoples in a world in which, relieved of the menace of aggression, all may enjoy economic and social security;

It is our intention to work together, and with other free peoples, both in war and peace, to this end.

...A Joint Declaration by the United States of America, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, China, Australia, Belgium, Canada, Costa Rica, Cuba, Czechoslovakia, Dominican Republic, El Salvador, Greece, Guatemala, Haiti, Honduras, India, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Panama, Poland, South Africa, Yugoslavia. The Governments signatory hereto, Having subscribed to a common program of purposes and principles embodied in the Joint Declaration of the President of United States of America and the Prime Minister of the United Kingdom of Great Britain and Northern Ireland dated August 14, 1941, known as the Atlantic Charter. Being convinced that complete victory over their enemies is essential to defend life, liberty, independence and religious freedom, and to preserve human rights and justice in their own lands as well as in other lands, and that they are now engaged in a common struggle against savage and brutal forces seeking to subjugate the world, DECLARE: (1) Each Government pledges itself to employ its full resources, military or economic, against those members of the Tripartite Pact and its adherents with which such government is at war. (2) Each Government pledges itself to cooperate with the Governments signatory hereto and not to make a separate armistice or peace with the enemies. The foregoing declaration may be adhered to by other nations which are, or which may be, rendering material assistance and contributions in the struggle for victory over Hitlerism. DONE at Washington January First, 1942 2. MOSCOW DECLARATION

30 October 1943, the Moscow Declaration was signed by Vyaches Molotov, Anthony Eden, Cordell Hull and Foo Ping Shen, the Chinese Ambassador to the Soviet Union. 3. TEHERAN DECLARATION In December 1943, two months after the four-power Declaration, Roosevelt, Stalin and Churchill, meeting for the first time at Teheran, the capital of Iran, declared that they had worked out concerted plans for final victory.

7 October 1944 - representatives of China, Great Britain, the USSR and the United States met for a business-like conference at DUMBARTON OAKS, a private mansion in Washington, D. C.

Proposal for the structure of the world organization was submitted by the four powers to all the United Nations governments

25 April 25 1945 - United Nations Conference on International Organization (San Francisco)

26 June 1945 50 nations signed the UN Charter (Poland, which was unable to send a representative to the conference due to political instability, signed the charter on October 15, 1945)

24 October 1945 charter was ratified by the Governments of the Republic of China, France, the USSR, the United Kingdom, and the United States, and by a majority of the other 46 signatories.

MEMBERSHIP AND OFFICE

193 member states Headquarters is situated in New York Six official languages are used at the UN: Arabic, Chinese, English, French, Russian, and Spanish. The current secretary general is Ban Ki-moon of South Korea.

OBJECTIVES OF THE UN

1. To keep peace throughout the world. 2. To develop friendly relations between nations. 3. To work together to help people live better lives, to eliminate poverty, disease and illiteracy in

the world, to stop environmental destruction and to encourage respect for each other's rights and freedoms.

4. To be a center for helping nations achieve these aims. PRINCIPLES

1. Sovereign equality 2. Pacta Sunt Servanda 3. Settlement of international disputes by peaceful means 4. Refrain from the threat or use of force against the territorial integrity or political independence

of any state 5. Assistance to UN and refrain from giving assistance to any state against which the United

Nations is taking preventive or enforcement action 6. Applicability to non-member states 7. Non-intervention in matters which are essentially within the domestic jurisdiction

MEMBERSHIP QUALIFICATIONS

1. Must be a state 2. Must be peace-loving 3. Must accept obligations contained in the charter 4. Able and willing to carry out obligations

PERMANENT MEMBERS

1. China 2. France 3. Russia 4. United Kingdom 5. United States

ORGANS OF THE UN General Assembly Economic and Social Council Secretariat International Court of Justice Security Council Trusteeship Council

SECURITY COUNCIL

5 permanent members 10 rotating members with a term of 2 years (5 from African and Asian states, 2 from Latin-

American States, 2 from Western European and other states) Responsible for the maintenance of international peace and security.

Functions of Security Council

1. to investigate any dispute or situation which might lead to international friction; 2. to recommend methods of adjusting such disputes or the terms of settlement; 3. to formulate plans for the establishment of a system to regulate armaments; 4. to determine the existence of a threat to the peace or act of aggression and to recommend

what action should be taken; 5. to call on Members to apply economic sanctions and other measures not involving the use of

force to prevent or stop aggression; 6. to take military action against an aggressor; 7. to recommend the admission of new Members; 8. to exercise the trusteeship functions of the United Nations in "strategic areas"; 9. to recommend to the General Assembly the appointment of the Secretary-General and,

together with the Assembly, to elect the Judges of the International Court of Justice. GENERAL ASSEMBLY

The General Assembly (GA) is the main deliberative, policymaking and representative organ of the UN. Composed of 193 members Decisions on important questions, such as those on peace and security, admission of new members and

budgetary matters, require a two-thirds majority. Decisions on other questions are by simple majority. Each country has one vote.

ECONOMIC AND SOCIAL COUNCIL

promoting higher standards of living, full employment, and economic and social progress; identifying solutions to international economic, social and health problems; facilitating international cultural and educational cooperation; and encouraging universal respect for human rights and fundamental freedoms.

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands).

The Courts role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council.

Its official languages are English and French. TRUSTEESHIP COUNCIL

Responsible for supervising the administration of Trust Territories placed under the Trusteeship System. Major goals :

o to promote the advancement of the inhabitants of Trust Territories and their progressive development towards self-government or independence.

The aims of the Trusteeship System have been fulfilled to such an extent that all Trust Territories have attained self-government or independence, either as separate States or by joining neighbouring independent countries.

The Council suspended operation on 1 November 1994, with the independence of Palau, the last remaining United Nations trust territory, on 1 October 1994.

THE SECRETARIAT

International staff working in duty stations around the world carries out the diverse day-to-day work of the Organization.

It services the other principal organs of the United Nations and administers the programs and policies laid down by them.

At its head is the Secretary-General, who is appointed by the General Assembly on the recommendation of the Security Council for a five-year, renewable term.

The duties carried range from administering peacekeeping operations to mediating international disputes, from surveying economic and social trends and problems to preparing studies on human rights and sustainable development. Secretariat staff also inform the world's communications media about the work of the United Nations; organize international conferences on issues of worldwide concern; and interpret speeches and translate documents into the Organization's official languages.

Treaties Formal agreement, usually but not necessarily in writing, which is entered into by states or

entities possessing the treaty-making capacity, for the purpose of regulating their mutual relations under the law of nations

May also refer to conventions, declarations, covenants, acts, and concordats Functions of Treaties

Enable parties to settle actual and potential conflicts Makes it possible for the parties to modify the rules of international customary law by means of

optional principles or standards Lead to a transformation of unorganized international society into one which may be organized

on any chosen level of social integration Frequently provide the humus for the growth of international customary law

Essential requisites of a valid treaty

1. Entered into by parties with the treaty making capacity 2. Through their authorized representatives 3. Without the attendance of duress, fraud, mistake, or other vice of consent 4. On any lawful subject-matter 5. In accordance with their respective constitutional processes

Treaty making process

Negotiation Signature Ratification Exchange of Instruments

Binding effect of treaties

Pacta tertiis nec nocent nec prosunt - A treaty does not create either obligations or rights for a third State without its consent

Treaties are only binding on the contracting parties and other states who later on sign by a process known as accession

Instances when treaties are made applicable even to third parties

1. Treaty is merely a formal expression of customary international law 2. As provided in the UN Charter: non member states must act in accordance with the principles

of the charter in so far as may be necessary for the maintenance of international peace and security

3. Where the treaty expressly extends its benefits to non-signatory states PACTA SUNT SERVANDA

Agreements must be kept Every treaty in force is binding upon the parties to it and must be performed by them in good

faith

Despite supervening hardships, the parties must comply with their commitments and perform treaty obligations in good faith

REBUS SIC STANTIBUS

Things thus standing A tacit condition attached to all treaties to the effect that they will no longer be binding as soon

as the state of facts and conditions upon which they were based changes to a substantial degree

Limitations to the doctrine of rebus sic stantibus 1. Applies only to treaties of indefinite duration 2. Vital change must have been unforeseen or unforeseeable and should not have been caused by

the party invoking the doctrine 3. Must be invoked within a reasonable time 4. Cannot operate retroactively upon the provisions of the treaty already executed prior to the

change of circumstances Termination of treaties

1. Expiration of term 2. Accomplishment of the purpose 3. Impossibility of performance 4. Loss of the subject-matter 5. Desistance of the parties, through express mutual consent, exercise of the tight of denunciation

(desuetude)- when allowed 6. Novation 7. Extinction of one of the parties 8. Rebus sic stantibus 9. Outbreak of war 10. Voidance of the treaty

The Rome Statute

ICC was established in 1998 Entered into Force 1 July 2002 In accordance with Art. 126 of Rome Statute: 60 days after 60 states had become parties to the

statute through ratification or accession

In 2011, 108 states had ratified the Rome Statute. Independent Organization, not linked to UN Composed of 18 Judges

Four Goals

1. Justice and Punishment 2. Deterrence 3. Record-Keeping 4. Progressive Development of International Law

Jurisdiction

Genocide Crimes Against Humanity War Crimes Aggression

Genocide

For the purpose of this Statute, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

a) Killing members of the group; b) Causing serious bodily or mental harm to members of the group; c) Deliberately inflicting on the group conditions of life calculated to bring about its physical

destruction in whole or in part; d) Imposing measures intended to prevent births within the group; e) Forcibly transferring children of the group to another group.

Crimes Against Humanity

For the purpose of this Statute, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack

1. Murder; 2. Extermination; 3. Enslavement; 4. Deportation or forcible transfer of population; 5. Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules

of international law; 6. Torture; 7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any

other form of sexual violence of comparable gravity;

8. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

9. Enforced disappearance of persons; 10. The crime of apartheid; 11. Other inhumane acts of a similar character intentionally causing great suffering, or serious

injury to body or to mental or physical health. Definitions Attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack; Extermination includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population; Enslavement means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children; Deportation or forcible transfer of population means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law; Torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions; Forced pregnancy means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy; Persecution means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity; The crime of apartheid means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime; Enforced disappearance of persons means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of

those persons, with the intention of removing them from the protection of the law for a prolonged period of time. War Crimes

For the purpose of this Statute, war crimes means: 1. Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following

acts against persons or property protected under the provisions of the relevant Geneva Convention

2. Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts

3. In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause

4. Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.

5. Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts

6. Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.

Important consideration on Jurisdiction

TEMPORAL: The crime occurred after 1 July 2002 (or if a state joins the Rome Statute later, the date the Statute comes into force for that state)

TERRITORIAL: The crime occurred on the territory of a state party PERSONAL: The person accused of the crime is a national of a state party REFERRAL: The Security Council has referred the matter under its Chapter VII Charter powers

Penalties

1. Court may impose one of the following penalties on a person convicted of a crime a) Imprisonment for a specified number of years, which may not exceed a maximum of 30

years OR b) A term of life imprisonment when justified by the extreme gravity of the crime and the

individual circumstance of the convicted person 2. In addition:

a) A fine under criteria provided b) Forfeiture of proceeds, property and assets derived directly or indirectly from that crime

Where will they serve their sentence? A sentence of imprisonment shall be served in a State designated by the Court from a list of

States which have indicated to the Court their willingness to accept sentenced persons Does the ICC work?

Dependent on willingness of states to comply

The Right of Legation & Consuls

The right of the State to send and receive diplomatic missions, which enables States to carry on friendly intercourse.

Governed by the Vienna Convention on Diplomatic Relations. Agents of Diplomatic Intercourse

Head of State Diplomatic Envoys Foreign Office

Agents of Diplomatic Intercourse

1. Head of State Represents, the sovereignty of the State, and enjoys the right to special protection for

his physical safety and the preservation of his honor and reputation. His quarters, archives, property and means of transportation are inviolate under the principle of exterritorialy. He is immune from criminal and civil jurisdiction, except when he himself is the plaintiff, and is not subject to tax or exchange or currency restrictions

2. Diplomatic Envoys Head of Mission

a. Ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank;

b. Envoys, ministers and internuncios, accredited to Heads of State; and c. Charges daffaires, accredited to Ministers of Foreign Affairs.

Diplomatic Staff, composed of those engaged in diplomatic activities and are accorded diplomatic rank.

Administrative and Technical Staff, consisting of those employed in the administrative and technical service of the mission.

Service Staff, i.e., those engaged in the domestic service of the mission.

3. Foreign Office The actual day-to-day conduct of foreign affairs is usually entrusted to a Foreign Office,

headed by a Secretary or a Minister, who, in proper cases, may make binding declarations on behalf of his government

Diplomatic Corps

All diplomatic envoys accredited to the same State form a body known as the Diplomatic Corps

The doyen du corps or head of this body is usually the Papal Nuncio, if there is one (as this is usually applicable only in catholic states), or the oldest ambassador, or, in the absence of ambassadors, the oldest minister plenipotentiary.

Who appoints envoys? Sec. 16, Art. VII, Philippine Constitution President appoints The president sends and instructs the diplomatic and consular representatives, and his

prerogative to determine the assignment of the countrys diplomatic representatives cannot be questioned

But Freedom of Choice

The sending State is not absolutely free in the choice of its diplomatic representatives, especially heads of mission, because the receiving State has the right to refuse to receive as envoy of another State a person whom it considers unacceptable.

Enquiry + Agrement = Agreation

Commencement of Diplomatic Mission Envoy presents himself at the receiving State, generally armed with the following papers:

1. Lettre de creance (letter of credence), with the name, rank and general character of the mission, and a request for favorable reception and full credence;

2. Diplomatic passport authorizing his travel; 3. Instructions, which may include a document of full powers (pleins pouvoirs] authorizing him

to negotiate on extraordinary or special business; and 4. Cipher, or code or secret key, for communications with his country.

Duties and Functions of Diplomatic Missions

Representing the sending State in the receiving State Protecting in the receiving State the interests of the sending State and its nationals, within the

limits allowed by international law Negotiating with the government of the receiving State Ascertaining, by all lawful means, the conditions and developments in the receiving State and

reporting these to the sending State Promoting friendly relations between the sending State and the receiving State, and developing

their economic, cultural and scientific relations Diplomatic immunities and privileges

Personal inviolability Inviolability of premises and archives Right of official communication Immunity from local jurisdiction Exemption from taxes and customs duties

Personal Inviolability

The person of the diplomatic representative is inviolable; he shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and take all steps to prevent any attack on his person, freedom or dignity.

The UN Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons considers crimes against diplomatic agents as international, not political, in nature.

However, the diplomatic envoy may be arrested temporarily in case of urgent danger, such as when he commits an act of violence which makes it necessary to put him under restraint for the purpose of preventing similar acts; but he must be released and sent home in due time. Inviolability of premises and archives

The premises occupied by a diplomatic mission, as well as the private residence of the diplomatic agent, are inviolable.

The agents of the receiving State may not enter without the consent of the envoy, except in extreme cases of necessity, e.g., when the premises are on fire, or where there is imminent danger that a crime of violence is to be perpetrated in the premises.

Such premises cannot be entered or searched, and neither can the goods, records and archives be detained by local authorities even under process of law.

The service of writs, summons, orders or processes within the premises of the mission or residence of the envoy is prohibited. Even if a criminal takes refuge within the premises, the peace officers cannot break into such premises for the purpose of apprehending him. The fugitive should, however, be surrendered upon demand by local authorities, except when the right of asylum exists. But if it is the ambassador himself who requests local police assistance, this privilege cannot be invoked.

The Vienna Convention provides that the receiving State has the special duty to protect diplomatic premises against invasion, damage, or any act tending to disrupt the peace and dignity of the mission. However, in Reyes v. Bagatsing, 125 SCRA 553, the Supreme Court held as invalid the denial by the Mayor of the application for a permit to hold a public assembly in front of the U.S. Embassy, there being no showing of a clear and present danger that might arise as a result of such a rally.

The premises of the mission, their furnishings and other property thereon, and the means of

transport of the mission shall be immune from search, requisition, attachment or execution. Inviolability also extends to the archives, documents, papers and correspondence of the mission at all times and wherever they may be, and the receiving State has the duty to respect and protect their confidential character.

Unless the right is recognized by treaty or by local usage, an envoy should not permit the premises of his mission or his residence to be used as a place of asylum for fugitives from justice. An envoy may, however, in the interests of humanity, afford temporary shelter to persons in imminent peril of their lives, such as those fleeing from mob violence.

Right of official communication

The right of an envoy to communicate with his government fully and freely is universally recognized. The mission may employ all appropriate means to send and receive messages, whether ordinary or in cipher, by any of the usual modes of communication or by means of diplomatic couriers. Because of this right, the diplomatic pouch and diplomatic couriers shall also enjoy inviolability.

Immunity from local jurisdiction Under the 1961 Vienna Convention on Diplomatic Relations, a diplomatic agent shall enjoy

immunity from criminal jurisdiction of the receiving State. Thus, he cannot be arrested, prosecuted and punished for any offense he may commit, unless

his immunity is waived. But immunity from jurisdiction does not mean exemption from local law; it does not presuppose a right to violate the laws of the receiving State.

Diplomatic privilege does not import immunity from legal liability but only exemption from local jurisdiction

The diplomatic agent also enjoys immunity from the civil and administrative jurisdiction of the receiving State, and thus, no civil action of any kind may be brought against him, even with respect to matters concerning his private life.

As a rule, his properties are not subject to garnishment, seizure for debt, execution and the like, except in the following cases:

a) any real action relating to private immovable property situated in the territory of the receiving State, unless the envoy holds it on behalf of the sending State for the purposes of the mission;

b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; and

c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

This immunity also means that the diplomatic agent cannot be compelled to testify, not even by

deposition, without the consent of his government, before any judicial or administrative tribunal in the receiving State.

(However, see Minucher v. Court of Appeals, G.R. No. 97765, September 24, 1992, where the Supreme Court held that the act of private respondent Drug Enforcement Agent of the U.S. in the frame-up of petitioner was unauthorized and could not be considered performed in the discharge of official functions, despite a belated diplomatic note from the US Embassy; thus, suit against the private respondent was upheld, being a suit against him in his personal and private capacity. See also Shauf v. Court of Appeals, 191 SCRA 713, where it was held that the immunity does not protect a public official who commits unauthorized acts, inasmuch as such unauthorized acts are not acts of State. Accordingly, he may be sued for such unlawful acts in his private capacity.)

Subject to the rule on reciprocity, Republic Act No. 75 declares as void any writ or process issued

out or prosecuted by any person in any court of the Philippines, or by any judge or justice, whereby the person of any ambassador or public minister of any foreign State, authorized and received as such by the President, or any domestic servant of any such ambassador or minister, is arrested or imprisoned, or his goods or chattels distrained, seized or attached; and penalties are imposed for violation of this provision. However, this privilege is not granted to: [a] citizens/inhabitants of the Philippines, where the process is founded upon a debt contracted before his employment in the diplomatic service; and [b] domestic servants of the ambassador or minister whose names are not registered with the Department of Foreign Affairs.

As part of the envoys immunity from local jurisdiction, the children born to him while he possesses diplomatic status are regarded as born in the territory of his home State.

Exemption from taxes and customs duties Under the Vienna Convention, diplomatic agents are exempt from all dues and taxes, whether

personal or real, national, regional or municipal, except the following: i. indirect taxes normally incorporated in the price of goods or services

ii. dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for purposes of the mission

iii. estate, succession or inheritance taxes levied by the receiving State; iv. dues and taxes on private income having its source in the receiving State and capital taxes on

investments in commercial ventures in the receiving State; v. charges levied for specific services rendered; and

vi. registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property.

The Vienna Convention also provides for exemption from all customs duties and taxes of articles

for the official use of the mission and those for the personal use of the envoy or members of the family forming part of his household, including articles intended for his establishment.

Baggage and effects are entitled to free entry and, normally, exempt from inspection; articles addressed to ambassadors, ministers, charge daffaires are also exempt from customs inspection. Other privileges Includes:

1. Freedom of movement and travel in the territory of the receiving State 2. Exemption from all personal services and military obligations 3. The use of the flag and emblem of the sending State on the diplomatic premises and the

residence and means of transport of the head of mission. Duration of immunities/privileges

The privileges are enjoyed by the envoy from the moment he enters the territory of the receiving State, and shall cease only the moment he leaves the country, or on expiry of a reasonable time in which to do so; although with respect to official acts, immunity shall continue indefinitely.

These privileges are available even in transitu, when traveling through a third State on the way to or from the receiving State. Waiver of immunities

Diplomatic privileges may be waived, but as a rule, the waiver cannot be made by the individual concerned since such immunities are not personal to him.

Waiver may be made only by the government of the sending State if it concerns the immunities of the head of mission; in other cases, the waiver may be made either by the government or by the chief of mission.

Waiver of this privilege, however, does not include waiver of the immunity in respect of the execution of judgment; a separate waiver for the latter is necessary. Termination of diplomatic mission

1. Death 2. Resignation 3. Removal or abolition of office

4. Dismissal by the receiving State 5. War between the receiving and the sending States 6. Extinction of the State.

Consular Relations Consuls

State agents residing abroad for various purposes but mainly in the interest of commerce and navigation. Kinds

1. Consules missi are professional and career consuls, and nationals of the appointing state

2. Consules electi ae selected by the appointing state either from its own citizens or from among nationals abroad.

Ranks

1. Consul General 2. Consul 3. Vice Consul 4. Consular agent

Appointment

Two important documents are necessary before the assumption of consular functions, namely: a) Letters patent [lettre de provision], which is the letter of appointment or commission which is

transmitted by the sending state to the Secretary of Foreign Affairs of the country where the consul is to serve; and

b) Exequatur, which is the authorization given to the consul by the sovereign of the receiving state, allowing him to exercise his function within the territory. Functions

1. Those that commerce and navigation 2. Issuance of passport and visa (permit to visit his country) 3. Such as are designed to protect nationals of the appointing state (e.g. authentication of documents,

register births, solemnize marriage etc.) Immunities and privileges

Under the 1963 Vienna Convention on Consular Relations: 1. freedom of communication in cipher or otherwise; 2. inviolability of archives, but not of the premises where legal processes may be served and arrests made; 3. exempt from local jurisdiction for offenses committed in the discharge of official functions, but not

other offenses except minor infractions; 4. exempt from testifying on official communications or on matters pertaining to consular functions; 5. exempt from taxes, customs duties, military or jury service; 6. and may display their national flag and emblem in the consulate. These immunities and privileges are also available to the members of the consular post, their families and

their private staff. Waiver of immunities may be made by the appointing state.

Termination of consular mission

1. Usual modes of terminating official relationship a. Removal b. Resignation c. Death d. Expiration of term

2. Withdrawal of the exequatur 3. Extinction of the state 4. War.

*** Severance of consular relations does not necessarily terminate diplomatic relations.

Neutrality

The status of a third state in not taking side in any way whatsoever when other states are at war

- Absolute neutrality virtually impossible in the modern world.

Neutrality Neutralization

Dependent solely on the attitude of the neutral state, which is free to join any of the belligerents at any time it sees fit

Result of a treaty wherein the duration and the other conditions of the neutralization are agreed upon by the neutralized state and other powers

Governed by the general law of nations Governed by the neutralization agreement

Obtains only during war Intended to operate in time of peace as well as in time of war

Only states may become neutral Portions of states, like islands, rivers, and canals may be neutralized

Laws of neutrality `Define:

1. The relations of the belligerent states with the neutral state 2. The relations of the belligerent states with the nationals of the neutral state - International Customary law - Declaration of Paris of 1856 - Hague Conventions of 1907 - Unratified declaration of London of 1909

Relations of Belligerent States and Neutral States

Neutral State Right and duty to abstain from taking part in the hostilities and from giving assistance to

either belligerent Prevent its territory and other resources from being used in the conduct of the

hostilities Acquiesce in certain restrictions and limitations that the belligerents may find necessary

to impose, especially in connection with international commerce Belligerents

Bound to respect the status of the neutral state, avoiding any act that will directly or indirectly involve in in their conflict

Submit to any lawful measures it may take to maintain or protect its neutrality Use of Neutral Territories

o War activities by or on behalf of any of the belligerents may not be undertaken in the territory of the neutral state without infringement of its neutrality

o Neutral territory is inviolable and cannot be used by the belligerents for the movement of their troops, the transport of war supplies, the erection of wireless stations for exclusively military purposes, recruiting of soldiers, and the undertaking of military operations in general

o Passage of sick and wounded troops is allowed through a neutral state, provided personnel and materials of war are not also carried

o Persons bound for enlistment in the belligerent armies may cross the neutral frontiers if they

do so individually or separately and not as a body o Neutral state itself may give refuge to troops from the belligerent forces but must intern them

as far as possible, at a distance from the theater of war o Escaped POW need not be detained by the neutral state but must be assigned a place of

residence if they are allowed to remain o Neutrality of a state is not affected by the mere passage through its territorial waters of

warships or prizes belonging to belligerents; however, they may not enter neutral ports, harbors, and roadsteads except only in cases of unseaworthiness, lack of fuel or provisions, or stress of weather

o Where vessels from both belligerents are in neutral waters at the same time, a period of 24 hours must elapse between the departure of the first vessel and the departure of the second, the order being their time of arrival. Not more than 3 vessels from any belligerent shall be allowed.

o Territorial waters of a neutral state must never be used as asylum for belligerent vessels under pursuit or attack by the enemy

o Passage of military aircraft belonging to the belligerents I not allowed across the airspace of a neutral state.

o Where a belligerent aircraft is forced to land on neutral territory, the same should be detained and its officers and crew interned

o Neutral state cannot give any form of direct assistance to any of the belligerents in the conduct of the hostilities

e.g. Sending of military contingents, extension of loans, sale of supplies of war o Neutral state is not obliged to prevent the export from or transit through its territory of war

supplies purchased from private traders by the belligerents in the ordinary course of commerce Relations of Belligerent states with nationals of neutral states

Neutral states are free to allow their nationals to deal, in their private capacity, with any of the belligerents

Individuals dealing with belligerents will not affect the neutrality of their state Visit and Search

Belligerent warships and aircraft have the right to visit and search neutral merchant vessels on the high seas for the purpose of determining whether they are in any way connected with the hostilities

Contraband

Term applied to goods which, although neutral property, may be seized by a belligerent because the are useful for war and are bound for a hostile destination

May be absolute or conditional or free list

Contrabands are subject to condemnation

Doctrine of ultimate consumption goods intended for civilian use which may ultimately find their way to and be consumed by the belligerent forces are also liable to seizure on the way

Doctrine of infection if contraband is shipped together with innocent goods belonging to the same owner, they may also be seized

Doctrine of ultimate destination liability of contraband to capture is determined not by their ostensible but their real destination

Doctrine of continuous voyage when goods are reloaded at the intermediate port on the same vessel

Doctrine of continuous transport when goods are reloaded on another vessel or other form of transportation

Blockade

Hostile operation by means of which the vessels and aircraft of one belligerent prevent all other vessels, including those of neutral states, from entering or leaving the ports or coasts of the other belligerent, the purpose being to shut off the place from international commerce and communication with other states

Pacific Blockade Applies only to the vessels of the blockaded state and not the vessels of other states Requisites for a valid blockade

1. Binding (communicated to the neutral states) 2. Effective (maintained by adequate force so as to make ingress to or egress from the port

dangerous) 3. Established by the proper authorities of the belligerent government (usually the head of state) 4. Limited only to the territory of the enemy (not extended to neutral places or international

rivers 5. Impartially applied to all states alike

Unneutral service

Consists of acts, of a more hostile character than carriage of contraband or breach of blockade which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents

Right of Angary

A belligerent may, upon payment of just compensation, seize, use or destroy, in case of urgent necessity for purposes of offenses or defense, neutral property found in its territory, in enemy territory, or on the high seas

Requisites:

a. Property is in the territory under the control and jurisdiction of the belligerent b. There is urgent necessity for the taking c. Just compensation is paid to the owner

Termination of Neutrality

Neutral state joins the war Upon conclusion of peace

Nationality and statelessness

Nationality Tie that binds an individual to his state, from which he can claim protection and whose laws he

is obliged to obey Membership in a political community with all it concomitant rights and obligations

Acquisition of nationality

1. Birth Jus soli Jus sanguinis 2. Naturalization

Naturalization

Process by which a foreigner acquires, voluntarily or by operation of law, the citizenship of another state

Kinds 1. Direct 2. Derivative

Direct Naturalization

1. By individual proceedings, usually judicial, under general naturalization laws 2. By special act of the legislature, often in favor of distinguished foreigners who have rendered

some notable service to the local state 3. By collective change of nationality (en masse) as a result of cession or subjugation 4. By adoption of orphan minors as nationals of the state where they are born

Derivative naturalization Conferred:

1. On the wife of the naturalized husband 2. On the minor children of the naturalized parent 3. On the alien woman upon marriage to a national (only if woman has all the qualifications and

non of the disqualifications for naturalization) Statelessness

Condition or status of an individual who is born without any nationality or who loses his nationality without retaining or acquiring another

e.g. Child born in a state where only jus sanguinis is recognized to parents whose state only observe jus soli rule.

WARUNITED NATIONSTREATIESROME STATUTESRight of Legation & ConsulsNeutralityNationality and statelessness