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Philippine Bar review · Question

Practice question: Non-International Armed Conflict

Multiple Choice Hard

Practice question

Two organized non-State groups fight in a conflict stipulated to satisfy common Article 3. State armed forces do not participate. Does common Article 3 coverage alone establish Protocol II Article 1(1) coverage?
  1. Yes, the scopes are identical
  2. Yes, any two groups suffice
  3. No, Article 1(1) requires involvement of the State’s armed forces and its other listed conditions
  4. Yes, territorial control never matters
  5. No humanitarian rule can apply

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

Answer this question in flashcards to review your response and continue practicing.