War 1

In the eyes of International Law, war is conflict between 2 states through their military forces to overpower the other and impose peace terms in accordance to what the winner pleases. It doesn't necessarily mean the presence of armed conflict between 2 states. War can also exist without armed conflict. Reprisals, however, may exist even if there is no state of war yet.

Art. 2 of the UN Charter prohibits the use of force (or the threat of it) against a state's territorial integrity and political independence. The Philippines, in the Constitution itself, renounces war as an instrument of national policy. This idea cam from the Kellogg-Briand Pact of 1928, which was a precursor to the formation of the UN. The Covenant of the League of Nations also provided for the conditions for the right to go to war.

War is commenced by a declaration of war (Hague Convention,) rejection of an ultimatum (Hague Convention) or if an act of force is interpreted by one of the belligerents as an act of war.

Effects of Outbreak of War

1.) The laws of war supersede the laws of peace between the belligerents. 3rd states become neutral.

2.) Diplomatic and consular relations are terminated and their representatives are returned to their home countries.

3.) Treaties that are political in nature are cancelled except those intended to operate during wartime. Multiparty treaties on administrative and technical matters (like mail) are suspended between the belligerents.

4.) Individuals are considered enemies under: the nationality test (if they are nationals of the enemy country despite their location,) the domiciliary test (if they are domiciled aliens in the enemy country and contribute to its economy) or the activities test (if, as foreigners, they participate in hostilities favoring the enemy country.)

5.) Corporations and other juridical persons are considered enemies if their controlling stockholders are nationals of the enemy country or if  the corporation or entity is incorporated under the enemy country's laws (doctrine of piercing the corporate veil.)

6.) Enemy public property is confiscated; private property is requisitioned. Private property at sea is sequestered.

Participants in war are either combatants or non-combatants. Non-combatants are always civilian and do not participate in hostilities.

Combatants are classified into privileged and non-privileged. Non-privileged combatants, like spies, are not considered prisoners of war (POWs) if caught; privileged combatants, on the other hand, are. Privileged combatants are the following:

1.) Regular armed forces

2.) Ancillary services (medics, chaplains, doctors, etc.)

3.) Those accompanying the armed forces (like war correspondents)

4.) Levees en masse (inhabitants of unoccupied territory taking up arms against invading forces without time to organize themselves, provided they openly carry arms and observe the rules of war.)

5.) Franc tireurs/guerrillas (if led by a person responsible for his subordinates, wear a distinct emblem that's easily recognizable from a distance, carry arms openly and conduct their operations according to the rules of war.)

6.) Officers and crew of merchant vessels who resist attack with force

Rights of POWs under the 1949 Geneva Convention 

1.) Receive food, clothing, religious articles and other necessities

2.) Not subject to torture

3.) Humane treatment

4.) Allowed to communicate with their families

A person is only considered a spy if he seeks and/or obtains information in one party's zone of operations through clandestine activity and intends to deliver the information to the enemy. Spies, if captured, are tried under the law of the enemy and can't be executed without trial. If, however, a spy escapes and rejoins his allies and is captured again he must be considered a POW. Scouts are not considered spies.

Mercenaries do not have the rights of POWs. Mercenaries have the following characteristics:

1.) They are specially recruited to fight in that particular armed conflict as combatants. Advisers are not mercenaries.

2.) They participate directly in the hostilities.

3.) They are paid substantially higher than what other combatants of their rank in their employer's army are paid and are motivated by personal gain.

The conduct of hostilities is governed by 3 basic principles: necessity, humanity and chivalry. Under necessity any force that will bring about the enemy's defeat can be used, provided that the cost of lives, time and money is kept to a minimum. Humanity operates when measures not absolutely necessary for the purpose of war are prohibited. Attacks on the civilian population are prohibited. Distinction must be made between those taking part in the hostilities and members of the civilian population in order to spare the latter as much as possible. Chivalry prohibits the use of treacherous methods (like a misuse of the Red Cross emblem.)