Philippine Bar review · Question

Practice question: Non-International Armed Conflict

Multiple Choice Hard

Practice question

In a conflict concededly covered by common Article 3, a government denies humane treatment to captives because it has not recognized their group as belligerents. Which is correct?
  1. Nonrecognition removes protection
  2. The minimum protections apply without changing the parties’ legal status
  3. Only recognized governments owe duties
  4. Diplomatic relations determine humane treatment
  5. Captivity automatically permits execution

Legal references

  • https://ihl-databases.icrc.org/en/ihl-treaties/apii-1977/article-1 — Additional Protocol II, Article 1
  • https://ihl-databases.icrc.org/en/ihl-treaties/gciii-1949/article-3 — Geneva Convention III, common Article 3

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