Philippine Bar review · Question

Practice question: Distinction

Multiple Choice Medium

Practice question

A normally civilian school has doubtful military use. Article 52(3) applies, and the doubt has not been resolved. Officials declare military use conclusively established by the doubt itself. Which is correct?
  1. Doubt always proves military use
  2. A school is never a civilian object
  3. Every building in enemy territory is automatically a target
  4. The treaty presumption runs the other way: it is presumed not so used
  5. The owner’s nationality replaces the presumption

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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