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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

An organization pursues a policy of systematically killing civilians. An operative knowingly participates in those killings, but the evidence establishes neither an armed conflict nor intent to destroy a protected group as such. Assuming the remaining section 6 elements are proven, which classification is best supported under RA 9851?
  1. Genocide necessarily, because every organized killing is genocide.
  2. A war crime necessarily, even with no armed-conflict nexus.
  3. No serious crime, because no interstate war exists.
  4. Other crimes against humanity; the missing special genocidal intent and armed-conflict context prevent automatically treating the same facts as genocide or war crimes.
  5. Only a civil contract dispute.

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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