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Philippine Bar review · Question

Practice question: Proportionality

Multiple Choice Hard

Practice question

An initially assessed attack is pending when reliable new information makes clear that expected incidental civilian harm would now be excessive relative to the concrete and direct military advantage anticipated. The initial authorization is invoked as permanently controlling. Under AP I Article 57(2)(b), what is required?
  1. Proceed because prior approval can never be revisited.
  2. Proceed if the authorization was signed in ink.
  3. Cancel or suspend the attack under the stated conditions.
  4. Ignore all information received after planning begins.
  5. Treat the new information as relevant only after the conflict.

Legal references

  • Additional Protocol I (1977), Article51: https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-51
  • Additional Protocol I (1977), Article57: https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-57

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