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Philippine Bar review · Question

Practice question: War Crimes, Genocide, and Crimes Against Humanity

Multiple Choice Medium

Practice question

A person deliberately kills a member of a religious group because of a personal debt. The stipulated evidence establishes no intent to destroy the group in whole or in part. Is that killing necessarily genocide under RA 9851, section 5(a), solely because the victim belongs to the group?
  1. No; the required intent to destroy the protected group as such is not established, although another offense may be involved.
  2. Yes; group membership alone conclusively establishes genocide.
  3. Yes; every homicide is genocide.
  4. Yes; a debt dispute automatically supplies genocidal intent.
  5. No; religious groups are excluded from section 5.

Legal references

  • Republic Act No. 9851, sections 3–6 and 10, https://lawphil.net/statutes/repacts/ra2009/ra_9851_2009.html
  • Rome Statute, Articles 6–8 (genocide, crimes against humanity and war crimes), https://legal.un.org/icc/statute/99_corr/cstatute.htm

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