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Philippine Bar review · Question

Practice question: Distinction

Multiple Choice Hard

Practice question

A normally civilian house is suspected of military use, but the only evidence leaves the Article 52(3) doubt unresolved. A reviewer says the presumption alone permanently forbids considering later reliable evidence. Which is correct?
  1. Every civilian house is permanently immune regardless of actual military use
  2. The rule addresses doubt; it should not be transformed into a permanent classification regardless of later established facts
  3. Later facts can never affect the Article 52 test
  4. The presumption means the house is already a military objective
  5. Only its original paint color matters

Legal references

  • Additional Protocol I Articles 51-52: https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-51 ; https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-52; Articles 51(4)-(5),52(2)-(3).

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