Practice question
A prosecutor alleges a section 6 killing as part of a systematic civilian attack, with the accused's knowledge, but proves no armed conflict. The defense says crimes against humanity invariably require war. Which response best applies RA 9851?
- The defense is correct because section 6 applies only to international war.
- The defense is correct because the title controls over the elements.
- The absence of war automatically establishes genocide.
- Only crimes on battlefields are punishable under section 6.
- Section 6 does not make armed conflict an indispensable element; the specified attack context and other elements must be established.
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
Answer this question in flashcards to review your response and continue practicing.