Philippine Bar review · Question

Practice question: Humanity

Multiple Choice Hard

Practice question

An authority controls persons falling under Article 75 and says humane treatment is owed only if they receive a more favorable Convention status. The facts establish no such more favorable treatment. Which is best?
  1. Article 75 supplies minimum fundamental guarantees in its stated scope even where no more favorable treatment applies
  2. Absence of a favored category eliminates all guarantees
  3. Only the commander can create humanity duties
  4. Every covered person must first buy protection
  5. Protection depends entirely on personal wealth

Legal references

  • Additional Protocol I Article 75: https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-75; paragraphs 1-2.

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