Philippine Bar review · Question

Practice question: Military Necessity

Multiple Choice Hard

Practice question

In occupied territory, officials plan to destroy a cooperative’s movable equipment. They concede no absolute necessity from military operations but argue Article53 covers only privately owned buildings. Which is best?
  1. The article includes personal property and social/cooperative ownership, so the stated exclusion fails
  2. Movable property is automatically outside the article
  3. Cooperatives are expressly exempted from protection
  4. The officials may rewrite the ownership categories
  5. No occupation rule can limit destruction

Legal references

  • Geneva ConventionIV Article53: https://ihl-databases.icrc.org/en/ihl-treaties/gciv-1949/article-53
  • 1907 Hague Regulations Article23: https://ihl-databases.icrc.org/en/ihl-treaties/hague-conv-iv-1907/regulations-art-23 Article23(a),(d).

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