Practice question
During an established non-international armed conflict, fighters capture an opposing combatant who has laid down his arms. They then torture him in connection with the conflict. Does his former combatant status alone exclude section 4(b)?
- Yes, because surrender permanently eliminates all legal protection
- Yes, because torture is prohibited only in international conflicts
- No, section 4(b) expressly protects armed-forces members who have laid down their arms and persons hors de combat
- Yes, unless he is a citizen of another country
- No, because every injury in wartime is automatically genocide
Legal references
- https://lawphil.net/statutes/repacts/ra2009/ra_9851_2009.html — RA 9851, Chapter III, sections 4–6, war crimes, genocide, direct public incitement and other crimes against humanity; section 3 supplies the related contextual definitions.
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