Philippine Bar review · Question

Practice question: Military Necessity

Multiple Choice Medium

Practice question

A commander proposes destroying enemy property solely to punish its civilian owner, with no imperative military necessity. Under the stipulated application of Hague Article 23(g), can a general invocation of war justify the destruction?
  1. No; the stated necessity condition is absent.
  2. Yes; all enemy property may always be destroyed.
  3. Yes; punishment alone is imperative military necessity.
  4. Yes; ownership eliminates legal protection.
  5. Yes; a declaration of war suspends the provision.

Legal references

  • Hague Regulations (1907), Article23: https://ihl-databases.icrc.org/en/ihl-treaties/hague-conv-iv-1907/regulations-art-23
  • Additional Protocol I, Article35: https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-35
  • Additional Protocol I (1977), Article51: https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-51

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