SMU College of Law
Bayombong, Nueva Vizcaya
Public International Law
QUIZ No. 1 (Finals)
INSTRUCTIONS
Read each question very carefully and write your answers in your Test Notebook in the same
order of the questions. Answer the essay questions legibly, clearly, and concisely. Write your
answers only on the front of every page of your Test Notebook. If the front pages are not
sufficient, continue at the back of the first page and so on. Start every number on a separate page,
but an answer to a sub-question under the same number may be written continuously on the same
page and on the immediately succeeding pages until the answer is complete. Follow the
numbering sequence of the Questionnaire in your answers.
Mere "Yes" or "No" answer sans explanation or discussion will not be given full credit. Answer
must give explanation even if the questions do not expressly require.
Discuss the following concepts in international humanitarian law: (3 points each)
A. Right of Non – Refoulement.
B. Principle of Military Necessity
C. Principle of Distinction
D. Principle of Proportionality
E. Supremacy Clause under Section 103 of the UN Charter.
II
In 1994 a war broke out between China and the Republic of Vietnam (ROV). Armed hostilities
were participated mostly by infantry elements of the two countries’ armed forces. In one of their
operations during the war, Major Voh Voh Ah Koh an army officer in the ROV’s armed forces
was tasked to gather vital military information behind enemy lines. He was subsequently
captured and identified by his name and rank by the Chinese authorities through his military
uniform. He was later charged with espionage under Chinese law which carries with it the
penalty of death by firing squad. After trial, accused Major Koh was found guilty by the Chinese
tribunal of espionage and was executed. Was the charge of espionage against Major Voh Voh
Ah Koh under the principles of international law proper? (5 points)
III
During the closing days of World War II, the Japanese high command ordered its forces in the
country to consolidate and withdraw to the far north of the country for eventual evacuation by its
naval forces. By virtue of this order, Major General Isuzu Honda ordered all armed personnel of
the Japanese Imperial Army under his command with specific instructions to withdraw and
engage the enemy only when fired upon and to further avoid human casualties and destruction of
properties. However, during their withdrawal the Japanese forces engaged themselves in the
indiscriminate slaughtering of hundreds of thousand civilians, raping women and burning
everything on their track. During his trial for war crimes, Major General Isuzu Honda argued
that the charge against him is not proper considering that the atrocities committed by the troops
under him were against his specific order. Rule on the argument of the accused. (5 points)
1
IV
The United Nations Security Council (UNSC) passed a resolution authorizing a punitive military
action against Country A in order to restore international peace and security. France, a
permanent member of the UNSC objected the resolution. Being the only one (France) that raised
an objection against the punitive action on Country A, with all 14 members of the council in
favor thereof the UNSC proceeded with the action.
A. Was the punitive action against Country A tenable under international law? Explain (5
points)
B. Explain what is the “Great Power Unanimity Rule.” (5 points)
The principle of complementarity in International Criminal Law provides that the International
Criminal Court (ICC) has concurrent jurisdiction with domestic tribunals over those responsible
for international crimes. The principle gives primacy to national jurisdiction. Give three (3)
instances where the ICC shall consider a case inadmissible. (5 points)
VI
What are the international crimes / legal disputes falling under the respective jurisdictions of the
International Court of Justice and International Criminal Court? (5 points)
*****Nothing Follows*****
