Practice question
In a qualifying non-international armed conflict, fighters capture adversaries who have laid down their arms and take no further active part in hostilities. The fighters torture them and threaten to kill them unless a ransom is paid. Apply RA 9851, section 4(b), and explain whether the captives' former participation removes their protection.
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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