Philippines, Application of IHL by the National Democratic Front of the Philippines Case Study
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Philippines, Application of IHL by the National Democratic Front of the Philippines Case Study
Discussion
1.
a. What is the nature of the armed conflict between the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP)? Does the involvement of the United States in the conflict change its nature?b. What is an internationalized internal armed conflict? Do you agree with the NDFP that the conflict is an internationalized internal one because of US involvement? Are internationalized internal armed conflicts a category of armed conflict recognized by IHL?
c. When does Art. 1(4) of Protocol I apply? How do you determine whether an armed conflict is one where a people is fighting colonial domination, an alien regime or a racist regime?
2.
a. On what rule does the NDFP base the declaration? Are other possibilities available for non-State armed groups willing
to comply with the rules of IHL? (GC I-IV, Art. 3; P I, Art. 96(3))
b. What are the advantages of applying the rules on international armed conflicts instead of the rules on non-international armed conflicts? Is it more advantageous for the NDFP to apply Protocol I instead of Protocol II? Does
Protocol I offer more protection?
c. Can any armed group declare that it is fighting colonial domination, an alien regime or a racist regime? Does an
armed group need to fulfil conditions similar to those mentioned in Art. 1(1) of Protocol II in order for Art. 1(4) to apply? Does an armed group need to fulfil such conditions in order for Art. 96(3) of Protocol I to apply? (See Declaration on the
Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, General Assembly Resolution 2625 (XXV), October 24, 1970 [available at https://unispal.un.org/DPA/DPR/unispal.nsf/0/25A1C8E35B23161C852570C4006E50AB])
3.
a. Can the NDFP invoke Art. 96(3) of Protocol I? Even though the Philippines is not a party to Protocol I? Does a State have to ratify a treaty for that treaty to apply? Or can the fact that the GRP and the NDFP have acknowledged by mutual agreement [ ] the application of the [ ] principles of international humanitarian law be used as a basis for Protocol Is application?
b. Can the NDFP apply Protocol I unilaterally if the GRP is not bound by it? If Protocol I is not applicable, what law applies? Is Protocol II applicable to the situation?
c. Can the fact that the NDFP invokes Art. 96(3) of Protocol I cause the GRP to be bound by Protocol I as well, even though it has not ratified it? Does it automatically mean that the NDFP is also bound by the Geneva Conventions?
4. What is belligerency? Why does the NDFP say that it has acquired belligerent status? How can a non-State armed group acquire belligerent status? What is the difference with Art. 96(3) of Protocol I?5. If the NDFP declaration was valid and the Geneva Conventions and Protocol I applied, what territory, under Convention IV, would the GRP or NDFP be able to claim as their own and what territory would be occupied by them?
Philippines, Application of IHL by the National Democratic Front of the Philippines Case Study
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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Philippines, Application of IHL by the National Democratic Front of the Philippines Case Study