RA 9208 is the Philippines' law against human trafficking. Below are the terms used by RA 9208

Trafficking of Persons

Recruitment, transportation, harboring or receipt of persons with or without their knowledge or consent. It can take place within or across national borders and is done by means of threat, force, any other form of coercion, abduction, fraud, deception, abuse of power/position, taking advantage of the person's vulnerability, giving/receiving payments/benefits to obtain the consent of the person who has control over the victim. Its purpose includes, at a minimum, the exploitation (whether sexual or not) of others, forced labor/services, slavery, servitude or the removal and sale of organs. 

If the victim is a child, it's still considered trafficking even if none of the above exploitation takes place (see child trafficking.)

Child

The same definition in RA 7610.

Prostitution

Any act, transaction, design or scheme where one person uses another for sexual intercourse or lascivious conduct in exchange for money, profit or other consideration.

Forced Labor/Slavery

Extraction of work/services by enticement, violence, intimidation, threat, use of force or coercion. This includes deprivation of freedom, debt bondage, deception or abuse of moral ascendancy or authority.

Sex Tourism

A program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities utilizing and offering escort and sexual services as enticement for tourists. This includes sexual services and practices offered during R & R periods for military personnel.

Sexual Exploitation

Participation of a person in prostitution or the production of pornographic materials due to threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or abuse of the victim's vulnerability.

Debt Bondage

The debtor pledges his/her personal services/labor or those of a person under his/her control as security or payment for a debt -and when the length and nature of services isn't clearly defined or when the value of the services as reasonably assessed isn't applied as payment for the debt!

Pornography

Any representation through publication, exhibition, cinema, indecent shows, IT, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.

Council

The Inter-Agency Council Against Trafficking.

Children in Zones of Armed Conflict

Under RA 7610, children are declared "Zones of Peace" in areas where armed conflict takes place. The following policies are laid down by RA 7610 in order to attain that objective:

1.) Children shall not be the object of attack and are entitled to special respect. They are to be protected from threats, assaults, torture or other cruel, inhumane or degrading treatment.

2.) Children shall not be recruited into the Armed Forces of the Philippines or its civilian units (CAFGU, etc.) or other armed groups (NPA, MILF, etc.) They also can't be allowed to take part in the fighting or to be used as guides, spies or couriers.

3.) Basic social services like education, primary health and emergency relief shall not be hampered.

4.) The safety of those who provide the services in #3 as well as those involved in fact-finding missions must be ensured, regardless of whether they're government or non-government. The can't be subjected to undue harassment in the performance of their work.

5.) Public infrastructure like schools, hospitals and rural health units can't be used for military purposes (command posts, barracks, detachments, supply depots, etc.)

6.) All appropriate steps should be taken to facilitate the reunion of families separated by armed conflict.

In areas of armed conflict, children are to be given priority in evacuation. Existing community organizations (like NGOs) will be tapped to ensure the safety of children in evacuation operation. Evacuated children are to be accompanied by persons responsible for their safety and well-being.

Members of the same family are to be housed in the same premises and accommodated separately from other families. Facilities are to be provided to ensure a normal family life. Expectant mothers in places of temporary shelter are to be given additional food in proportion to their physiological needs. If possible, children are to be given opportunities for physical exercise, sports and outdoor games.

In case a child is arrested for reasons related to armed conflict, either as a combatant, spy, courier or guide, he is entitled to the following rights:

1.) Separate detention from adults except where families are accommodated for family units

2.) Immediate free legal assistance

3.) Immediate notice of the arrest to the parents or guardians of the child

4.) To be released on recognizance within 24 hours to the custody of the DSWD or any responsible member of the community as determined by the court

Piracy and Mutiny

Pirata est hostis humani generis is an old saying that strikes a chord in the minds of many a seaman who has plied the waves for a living since time immemorial. "A pirate is an enemy of the human race." In the light of the escalation of pirate activities in the Indian Ocean as well as other pirate activities in the South China Sea, it will do well to read this article.

Piracy is a crime under international law. Accordingly, a pirate can be tried anywhere, preferably by the country whose forces have apprehended him. Accordingly, Art. 122 to 123 of the Revised Penal Code have been prepared for this purpose.

We've already taken up piracy in Philippine waters. Now, we go to piracy on the high seas or in Philippine waters (that's what Art. 122-123, Revised Penal Code is all about.) Piracy is robbery or forceful depradation on the high seas without lawful authority, done in animo furandi (intent to rob) and in the spirit and intention of universal hostility (People vs. Lol-lo, 43 Phil 19.) The penalty for piracy is reclusion perpetua. Piracy is an international crime as well as part of robbery and theft.

Elements:

1.) There is a vessel on the high seas or Philippine waters

2.) The offenders aren't members of its crew or passengers (if the crime was committed by any of the passengers or crew, it's not piracy anymore but robbery on the high seas)

3.) That the offenders do either of the following:

a.) Attack/seize the vessel

b.) Seize part or all of its cargo, equipment or personal belongings of its crew or passengers

Qualified piracy is committed when any of the following circumstances are present:

1.) If the pirates seized a vessel by boarding it or firing upon it

2.) If they abandoned their victims with no means of saving themselves

3.) If murder, homicide, physical injuries or rape were committed

Qualified piracy used to be punishable by reclusion perpetua to death. But now that the death penalty has been abolished, it's just reclusion perpetua now.


High Seas


The high seas are waters outside the boundaries of the low-water mark. They may or may not form part of a country's territorial waters. The UNCLOS refers to the high seas as those waters that aren't part of a country's exclusive economic zone.


Mutiny


A mutiny is an unlawful resistance to a superior or raising commotions and disturbances aboard a ship against its commander's authority. Intent to gain isn't an element for mutiny and it can be committed by any member of the passengers or crew.


Arts. 122 to 123 of the Revised Penal Code cover piracy and mutiny on both the high seas as well as in Philippine waters. It may seem to contradict PD 532 on first glance. In reality, there is no conflict. If the pirate is an outsider, the Revised Penal Code governs but if the ship is in Philippine waters and the offender is part of the crew or a passenger, PD 532 is controlling. PD 532 also punishes those who support piracy in Philippine waters.

RA 9165, Sec. 4: Importation Penalties

1.) Illegal Drugs

Life imprisonment and a fine of Php500,000 to 10 million for importation of dangerous drugs, regardless of the purpose, unless authorized by law. It used to be life imprisonment to death until the death penalty was suspended in 2006.

2.) Controlled Precursors and Essential Chemicals

12 years and 1 day to 20 years imprisonment and a fine of Php100,000 to 500,000 for importation of controlled precursors and essential chemicals unless authorized by law (like through pharmaceutical companies.)

3.) Protectors/coddlers

12 years and 1 day to 20 years imprisonment and a fine of Php100,000 to 500,000 for protectors/coddlers.

4.) Financiers

Maximum penalty, depending on whether the importation is of a dangerous drug or a controlled precursor and essential chemical.

5.) Use of Diplomatic Facilities

Maximum penalty, as in #4, if the dangerous drugs or controlled precursor and essential chemical was brought into the country under a diplomatic passport or through other diplomatic facilities or if the importer used his diplomatic status to facilitate importation. Additionally, the diplomatic passport will be canceled and confiscated.

Rule 129: What Doesn't Need Proof

There are 2 judicial matters that don't need to be proven in court: judicial notice and judicial admissions. 

Judicial Notice

Judicial notice consists of matters which take the place of proof and need no evidence in order to be admitted in court. It is subdivided into those matters which are mandatory, discretionary or when hearing is necessary. The purpose of judicial notice is to shorten litigation by admitting matters that don't need evidence. The lists below are exclusive and can't be altered by just anybody:

1.) Mandatory Notice

Courts must take notice of the following without calling for evidence:


1.) Existence and territorial extent of states, their political history, forms of government and national symbols
2.) International law (not foreign laws -requires proof)
3.) The courts of admiralty and maritime courts of the world and their seals
4.) Political constitution and history of the Philippines
5.) The official acts of the executive, legislative and judicial departments of the Philippines (the RTC can take notice municipal ordinances within their jurisdiction but only when required by law or if the case is appealed to them from the lower courts)
6.) Laws of nature
7.) Measure of time
8.) Geographical divisions


2.) Discretionary Notice


Courts may (or may not) take notice of the following:


1.) Matters of public knowledge
2.) Matters capable of unquestionable demonstration (ex. ice melts in the heat)
3.) Those which the judge ought to know because of their judicial function


3.) Hearing Necessary


The court can announce that it will take notice of any matter and allow the parties to be heard:


1.) Before trial -on its own or on a party's request
2.) After trial and before judgment or on appeal -on its own initiative or on a party's request and if the mater is decisive or a material issue in the case



In view of this, evidence not offered therefore won't be taken notice of. If a foreign law can't be proven, the court will assume that the foreign law is the same as the local law. Local customs may or may not be taken notice of.


There is also a curious thing with regard to records of other cases, including ones in the same court: the court will not take notice of them! The exception is if the other party knows and doesn't object.


Judicial Admission


A judicial admission is an admission in court by any of the parties to the suit that may be oral or written. Once made, it no longer requires proof and can't be contradicted by the party that made it except in the following instances:


1.) If the party who made the admission can show that it was made through a palpable mistake
2.) If the party can show that it didn't make the admission (?)


For a valid admission, the following requirements must be met:


1.) Only a party to the case can make and admission
2.) The admission must be made within the course of the proceedings of the same case (admissions in another proceeding will not be admitted and will be considered extrajudicial -unless the other party doesn't object)
3.) Form is immaterial (may be verbal or written)


An admission therefore can be made during:


1.) Pleadings
2.) Motions
3.) Modes of discovery with request for admission, written interrogatories or depositions
4.) Stipulation of facts
5.) Statements made in the course of the trial


Admissions in drafted documents but not filed aren't considered admissions. If signed but still not filed, they're considered extrajudicial. If signed by the lawyer, they're not considered admissions; only if made in court will they be considered admissions. If a party makes a manifestation but doesn't sign it (but his lawyer does,) he isn't bound by it even if it is an admission.


If the complainant makes an allegation of usury to recover usurious interest, the defendant has to specifically deny it under oath or it will be an implied admission of allegations of usury (Rule 8, sec. 11.)


Failure to deny annexes will result in admissions.


Admissions in amended and superseded pleading are always considered superior to their predecessors. Admissions is dismissed pleadings are considered extrajudicial. Qualified admissions aren't definite and are considered extrajudicial, too.


There is also such a thing as an adoptive admission. This happens when one person manifests his assent to the statements of another person. It will be received in evidence if it can be shown that the party who assented to the statements adopted them as his own. A third person's statement can therefore become a party's admission if that party espouses it.The following are instances of adoptive admissions from Republic vs. Kenrick, GR 149576, August 8, 2006:


1.) If the party expressly agrees or concurs to another party's oral statements
2.) If he hears a statement and essentially repeats it later on
3.) If he utters an acceptance or builds upon another's assertions
4.) If he rebuts some specific points another raises but ignores the other points
5.) If he reads and signs a statement written by another


In all cases, failure to object will be considered an admission and the party who should object is considered to have waived his right to object.

Divorce and Philippine Law

The Philippines doesn't have absolute divorce; it has annulment. There is, however, what is known as partial or relative divorce; the actual term is legal separation. Regarding absolute divorce the following rules are to be observed:

1.) If a divorce case is brought in a Philippine court, regardless of the nationality of the parties, it won't be entertained.

 

2.) If the divorce suit is brought in a foreign court, the following things will happen:

a.) If between Filipinos -won't be recognized in the Philippines (due to nationality).

b.) If between foreigners -will be recognized in the Philippines if the foreign court has the jurisdiction to grant divorce and if the divorce is recognized by the personal law of the parties (national or domiciliary law.)

c.) If between a Filipino and a foreigner -recognized in the Philippines if obtained by the foreigner and valid according to his/her personal law.

 

If the Filipino spouse is the innocent party, the courts have decided that the divorce should be recognized in order to afford legal protection to the Filipino spouse.

Treaties

The 1969 Vienna Convention on the Law of Treaties defines a treaty as "an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more instruments and whatever its particular designation."  International organizations can be made parties to treaties. Treaties are intended to create legal rights and obligations for the parties who enter into them. Alternate terms for "treaty" include "convention," "pact," "agreement," "protocol," accord," "general act," "final act" and "exchange of notes." An "executive agreement" is not a treaty but is equally binding as a treaty. If there is a dispute of whether the agreement is a treaty of executive agreement, the DFA and the Senate must agree and submit their findings to the president.

Treaties deal generally with basic political issues and need concurrence. They can restrict the sovereignty of a state. Executive agreements deal with details in enforcing national policies and temporary arrangements; they don't need senatorial concurrence. 

An exchange of notes is a record of a routine agreement similar to a private law contract. It's merely exchanging 2 documents where the accepting state repeats the text of the offering to record its acceptance. It's a technique used often because of speed and it avoids legislative approval.

If one state ratifies a treaty, it can't make the other state that signed it ratify it as well.

For a treaty to be valid, the following must be present:

1.) Treaty-making capacity

This is an attribute of sovereignty. Both states and international organizations have this capacity.

2.) Competence of the representative/body concluding the treaty

This power generally belongs to the head of state. In the Philippines, the president has this power, but the conclusion must be ratified by a 2/3vote of the Senate.

3.) Freely-given consent of the parties

If the consent wasn't free or if fraud or errors were committed, the treaty is voidable (valid until its validity is questioned.) If the representative of one state was corrupted in the negotiation by another negotiating state, the treaty is invalid. Unequal treaties imposed by force are void (doctrine of unequal treaties.) The subject matter of the treaty must be lawful. A treaty is illegal if violates an absolute rule in international law. Derogations of customary international law is not allowed (jus cogens.) Accordingly, treaties with provisions contrary to international law are invalid (ex. torture of prisoners.)

4.) Ratification under the constitutional processes of the participants

In the Philippines, a treaty requires a 2/3 vote of the whole Senate to complete the ratification process.

The steps in making a treaty are the following:

1.) Negotiation

The representatives bear documents of full powers (pleine pouvoirs) of their states to enter into treaties with the willingness to observe them. There are cases, however, when certain people (like heads of state, foreign ministers, etc.) enter into the negotiations. The negotiations are privileged and can't be published or it would affect the way the country deals with future negotiations (AKBAYAN vs. Aquino, GR 170516, July 16, 2008.)

2.) Signing

The order of naming the parties and plenipotentiaries is varied so each party is named and each plenipotentiary signs first in the document to be kept by it (principle of alternat.) Ex. in a treaty between the US and the Philippines, the Philippine chief negotiator signs the Philippine copy first while the American chief negotiator signs the american copy first.

3.) Ratification

The states approve and confirm the treaty, signifying their willingness to abide by it. In the Philippines, ratification is done by the president with a 2/3 concurring vote from the Senate. In case there is an existing treaty another state can become a party to it by accession; the new member is invited or permitted to join by any of the existing contracting parties. When a state signs a treaty but wants to modify it, it's called a reservation; the state that made the reservation is still a party to the treaty, provided that the reservation is compatible with the treaty's object and purpose.

4.) Entry into force

Every international treaty is to be registered with the UN. Enforcement of the terms is dependent on what the negotiating parties agreed on. If no agreement was made, a treaty enters into force when all the parties consent to it. There is already consent when there is an exchange of instruments, ratification, approval, accession or if the treaty provides so, upon deposit of the instruments with a named depositary and notification to the parties of the deposit.

Treaties can't impose obligations on non-parties (pacta tertiis nocent nec prosunt) except by accession or adhesion. Other states can be bound to a treaty by a "most favored nation" clause.

Treaties must be observed in good faith. The state, if necessary, must modify its laws accordingly to prevent an international embarrassment (pacta sunt servanda.) In the Philippines, however, if a treaty is contrary to the constitution it will be declared invalid. The obligations under a treaty are terminated when a fundamental or vital change happens that allows the state to withdraw from the treaty (rebus sic stantibus.) For withdrawal to be invoked, the following must be present:

1.) The change is substantial that it removes the treaty's foundation

2.) The change was unforeseeable when the treaty was concluded

3.) The change wasn't caused by the party who wants to withdraw

4.) Withdrawal must be invoked at a reasonable time

5.) The treaty's duration must be indefinite

6.) Withdrawal will not have retroactive effect

Treaties are to be interpreted in good faith and in the ordinary meaning. Later agreements, annexes, text, etc. are to be considered in its interpretation. Modification requires the consent of all the parties (but the treaty may sometimes allow modification.)

Treaties are terminated for the following reasons:

1.) Expiration or withdrawal of a party in accordance with the treaty.

2.) Extinction of one of the parties (in case of bipartite treaties) when the rights and obligations of the extinct state will not be inherited by its successor.

3.) Mutual agreement.

4.) Denunciation by a party (the right to give notice of withdrawal or termination is called the right of denunciation.)

5.) Supervening impossibility of performance.

6.) Loss of the subject matter.

7.) A later inconsistent treaty concluded by the parties.

8.) Material violation or breach.

9.) Rebus sic stantibus

10.) War between the parties, unless the treaty relates to the conduct of war.

11.) Severing of diplomatic relations if the relations are indispensable for the treaty's application.

12.) Jus cogens or if a new norm of international law comes out that revises or replaces the old norm or makes the existing treaty void.

Refugees and Asylum

Asylum is the power of a state to to admit an alien seeking refuge from persecution or prosecution into its territory and placing him under its protection. Though widely practiced, this is not a principle of international law.

There are 2 kinds of asylum: political and diplomatic. Territorial asylum exists if there is a treaty or there is established usage. It depends on the liberal attitude of the receiving state and is based on territorial supremacy. Diplomatic asylum exists also if there is an existing treaty or established usage. It is granted in very limited circumstances and very definite limitations or when the life or liberty of the person claiming asylum is under threat.

The Philippines does not grant diplomatic asylum except to the diplomatic corps and their families and representatives. It may, on humanitarian grounds, be granted to those in danger of mob violence and only for as long as that violence exists.

A refugee is a person outside his home country or a stateless person outside the country of his habitual residence because of persecution of his race, religion, nationality or political opinion and can't be protected by his home country either because of fear or actual harm or can't go back to the country he habitually resides it if he's a stateless person.

Refugee status consists of the following elements:

1.) He is outside his home country or, if stateless, outside the country where he habitually resides.

2.) Lacks national protection.

3.) Fears persecution.

Refugees are treated as stateless persons, whether de jure or de facto, and the host state is obliged to grant them temporary asylum. Host states can't expel  refugees or return them to their home country (non-refoulement.)

Extradition

This post must be taken together with citizenship and treatment of aliens. 

Extradition is the surrender of a person by one state to another where he faces prosecution or punishment (if he's already convicted.) This is not the same as deportation. Deportation is a unilateral act; made by the state on its own interests and in it, an undesirable alien is not necessarily sent back to his home state. Extradition is a bilateral act; the state where the wanted individual is to be tried/punished requests the state that has him in its custody.

Extradition is based on the existence of a treaty or on international comity. If there is no treaty the host state may or may not accept the wanted person.

Principles

1.) An extradition is based on consent, usually through a treaty or an act of goodwill. An extradited person can only be tried/punished for the violation he committed, the violation must be one of those agreed-upon extraditable crimes and the host state can object if the extradited person is treated in violation to the agreement (principle of specialty.) Note: offenses punishable by at least 1 year in both states are included among extraditable offenses (non-list types.)

2.) Any person, whether he is a national of the host state, the requesting state or another state, may be extradited.

3.) Political and religious offenders are not subject to extradition -generally. For such to happen, there must be at least 2 parties in the requesting state and host state that want to impose the government of their own preference on the other. The murder of a head of state or any member of his family is not considered a political offense; the same is true for genocide (attentat clause.)

4.) If there is no agreement, then the offense in question must have been committed within the territory of the requesting states or against its interests.

5.) The act in question must be punishable under the laws of both the host and requesting states.

Procedure

1.) Request is made by the requesting state, accompanied by the necessary paperwork, made through the diplomatic channels of the host state.

2.) The host state conducts a judicial investigation to determine if the crime in question is extraditable and if there is a prima facie case against the person in question under its own laws. If there is, a warrant of surrender will be issued and the person in question will be extradited to the requesting state. 

The right to bail applies to extradition proceedings. To grant bail, there must be clear and convincing evidence that there is no risk that the person to be deported won't escape and he will abide by the rules and orders of the court.

Abduction from the host country isn't allowed. But if the host state's nationals helped with the abduction then the host state can't demand the return of the person who is to be extradited.

Treatment of Aliens

As an attribute of sovereignty and right to existence, a state is not obliged to admit foreigners and can determine  the conditions and instances where aliens can be admitted.

A state can remove undesirable aliens in any of the following instances:

1.) Deportation/expulsion

Deportation happens when either when an alien has violated the terms and conditions of his stay, that his permission to stay has expired, his entry was illegal or that he constitutes a menace to the state. See Citizenship for further discussion.

2.) Reconduction

Reconduction is the forcible return of undesirable aliens to their home state. Vagabonds, destitute aliens, undocumented aliens, alien criminals and any other undesirables can be arrested and sent back without any formality. The home state is obliged to receive them.

Aliens who are admitted into another state must accept the institutions of the host state. They may, however, be granted certain rights and privileges (such as the right to own personal property, access to the courts) on the grounds of reciprocity, national treatment or most favored nation treatment.

Doctrine of State Responsibility

A state is obliged under international law to provide protection to the nationals of other states visiting its territory. The government of a foreign national can hold the host state liable for injuries if the treatment of the national constitutes an international delinquency, damage to the alien is an indirect injury to his home state or if the treatment is directly or indirectly imputable to the host state.

There is an international delinquency when the alien's treatment reeks of bad faith, outrage, willful neglect of duty or insufficiency of government action. This maltreatment should be sufficient to be noticed by the average person. Reasonable treatment according to ordinary means and notions accepted by modern civilization must be afforded to an alien (international standard of justice.) Execution without trial is considered as a violation of the international standard of justice. Equality of treatment will not apply if both nationals and aliens are treated equally and below the international standard of justice. In all instances, however, the courts must remain independent unless there is proof of extremely grave misconduct.

If a host state doesn't take measures to protect an alien or if the measures are insufficient and the host state fails to repair the injury, the injury can be directly or indirectly imputable to it even if the laws of the state conform to the international standard of justice.) This act (or omission) can either be caused by the officials of the host state or by private individuals in the host state. With regard to officials, if the official acts within his official capacity his act is considered an act of the state; if done without authority, it's considered the act of a private person. For a private person's acts or omissions to hold the host state liable, any of the following must happen:

1.) The state must give its actual or tacit approval either before of after the act. It can either ratify or approve it.

2.) There is a cover-up in the investigation.

3.) The host state is negligent in taking measures to prevent the injury.

4.) The host state prevents the injured alien from prosecuting a civil case against the offender.

The claimant has the burden of proof and must also follow the rule on exhaustion of remedies and can only dispense with this requirements if there are no available remedies, the courts of the home state are corrupt, there is no adequate machinery for the administration of justice or if the international delinquency comes from an act of state. An alien can, by stipulation, waive or restrict his right to appeal to his own state from any contract-based claim and limit himself to the legal remedies of the host state (Calvo Clause.) This waiver, however, will not deprive the alien's home country of the right to protect the alien's rights. In case no remedy is left, the alien can ask for protection from his home state. If the foreigner isn't a national of the home state anymore, he can't ask for protection. The UN, EC or other other international bodies can file a diplomatic claim on behalf of their officials.

Claims are to be enforced either through negotiation, good offices, arbitration or judicial settlement.  If the responsibility of the guilty state is established, it will be required to make restitution, satisfaction, compensation or all three.

Nationality and Statelessness

Read this post in conjunction with Citizenship. Unlike local laws, international law uses citizenship and nationality interchangeably. Nationality is membership in a political community together with its corresponding rights and duties. The 1930 Hague Convention allows each state to identify who are its nationals under its own laws and that questions of nationality are to be determined in the same manner.

There are 3 modes of acquiring nationality:

1.) Birth

If the state follows the jus soli rule, a person is a citizen of the country he's born in (like the US.) If the jus sanguinis rule is used,  the citizenship of the parents determines the citizenship of the child (which is what the Philippines follows.)

2.) Naturalization

A natural-born citizen of one country becomes a naturalized citizen of another country either through that country's legal processes or an act of its government (ex. passing a law conferring citizenship on the national of another country or handing him a passport.) The home state doesn't need to recognize this change (doctrine of indelible allegiance.) In fact some countries have laws that state that a person who acquires a new nationality doesn't lose his old one except if he follows certain requirements.

3.) Repatriation

Naturalized citizens of one country who lost the citizenship of their home country can recover it through the home country's legal processes. RA 8171, for instance, lays down the requirements for Filipinas who lose their citizenship by marriage to foreigners.

4.) Subjugation

One state conquers the territory of another and makes the inhabitants its citizens.

5.) Cession

The opposite of subjugation. A state surrenders territory to another and the inhabitants of that territory become citizens of the other state.

Nationality is lost by the following means:

1.) Release

Some states give their nationals the right to ask to be released from their nationality.

2.) Deprivation

A state can deprive its nationals of citizenship if they perform a certain act under another country's jurisdiction. The Philippines, for example, under CA 63, considers Filipinos who join the military of another state to have lost Philippine citizenship.

3.) Renunciation

Same thing under CA 63.

4.) Substitution

The new nationality replaces the old one.

Because different countries have different rules on citizenship due to factors such as the jus soli and jus sanguinis rules, there are curious instances when a person who is a national of one country can also be a national of another (or even more!) This is known as dual or multiple citizenship/nationality. The Philippine policy on dual/multiple citizenship is that it allows dual/multiple allegiance is prohibited by the constitution but multiple/dual citizenship isn't allowed. 

Under the 1930 Hague Convention, a person with 2 or more nationalities is regarded by the states where he possesses nationality as a national of the state in question. The most common example is that of Filipino-Americans, who are considered as Philippine citizens under Philippine law and American citizens under US law. When a person with more than 1 nationality travels to another country where he isn't a citizen, that country has the option to treat him as a national of either, but not both, countries. A Filipino-American travelling to India, for instance, would be considered by the Indian government as either a Filipino or US citizen. In making the decision, the host state will determine which country the person with dual citizenship is more closely connected or habitually resides in (principle of effective nationality.) If a person has dual citizenship 1 country where he is a citizen can't give him diplomatic protection against the other country where he's also a citizen. The US, for instance, can't give diplomatic protection to Filipino-Americans in the Philippines under international law.

A person with dual/multiple nationality due to circumstances beyond his control (like birth, for instance,) can renounce one of them with the permission of the state in question, provided he complies with the requirements. If that person lives in another country, the state requested can't deny an application for renunciation.

Statelessness

Statelessness is having no nationality, either because of being born without one or having lost it. Stateless persons have the following rights:

1.) Freedom of religion (including the religious education of their children)

2.) Access to the courts

3.) Rationing of products in short supply

4.) Elementary education

5.) Public relief and assistance

6.) Labor legislation and social security

The following rights of stateless persons are subject to regulation:

1.) Acquisition of real and personal property

2.) Association in non-political and non-profit organizations and trade unions

3.) Gainful employment and practice of liberal professions

4.) Housing and public education other than elementary education

5.) Freedom of movement

Fundamental Rights of States

1.) Existence and Self-preservation

Under Art. 51 of the UN Charter every state has the right to individual and collective self-defense (such as through mutual defense agreements.) This right can only be invoked when there is an actual and serious event. The Security Council will also have to determine if an act of aggression actually takes place.

An act of aggression, one state using force against another, is prima facie evidenced when one state fires the “first shot” against another. Aggression, whatever the cause, is a crime against international peace and all states have the right to repel it.

2.) Sovereignty and Independence

Sovereignty is the sum total of the powers, privileges of a state. It is not dependent on another state's consent. Independence is the right to participate in foreign relations without outside control. It is a natural, but not absolute, right. It can be limited by treaty stipulations, international agreements and membership rules in international organizations.

Intervention, where a state interferes with the foreign or domestic affairs of another state (which can include political and economic sanctions) is not allowed (Drago Doctrine) -except as a form of self-defense or with UN authorization. Even the UN can't intervene in the domestic affairs of a state unless necessary to prevent threats to peace or acts of aggression.

3.) Equality

All states are equal. Each state is entitled to only 1 vote in the UN General Assembly. But this is not the case in the voting in the Security Council.

All states must respect one another's independence and no state can interfere in the domestic affairs of another state (act of state doctrine.) Official acts within the territory one state can't be questioned by other states and conflict between states because of these acts must be resolved by agreement. Official acts are those acts which an office of government can perform within its mandate.

When the Philippine Government sued the Marcoses, the Marcoses put up the defense that the acts that took place during the Martial Law years were acts of state. This was overruled by the US Court of Appeals on the ground that torture and disappearances were not within the official limits of presidential power.

As a result of equality, a state also enjoys immunity from another states powers. This is the source of diplomatic immunity, which also covers the property of a state located in the territory of other states (par in parem non habet imperium.) It also covers diplomatic personnel of the UN and other international bodies.

Diplomatic immunity, however, is restricted only to official acts of the state and can't be invoked for private or proprietary acts. This immunity is lost if a state files a case in the courts of another state.

When the government of one country enters into a contract with a private citizen of another country, the purpose of the contract determines whether or not diplomatic immunity can be invoked. If the contractor was hired to do something which forms part of the official acts of the state (jus imperii) diplomatic immunity can be invoked. If the contract was for something not included in the official acts (jus gestionis) then diplomatic immunity can be overruled.

Immunity can be waived by a state in any of the following instances: if it indicates that it will consent to the filing of suit either by law or regulation at the time the complaint appeared; tries to resolve the case before invoking diplomatic immunity; or gives its consent by a treaty or contract.

Neutrality

Neutrality is non-participation, whether direct or indirect, in war. It exists only during war and is governed by international law. A state that doesn't participate in armed conflict but doesn't behave like a neutral (non-belligerency) isn't considered as a neutral. Semi-neutrality is not recognized in international law.

Neutrality ends when the hostilities cease or when the neutral country itself enters the war.

Neutralization is international law refers to a state becoming neutral permanently (like Switzerland.) Neutralization is the result of a treaty where the neutrality and independence of a state is guaranteed by other states, usually the superpowers, under the condition that the neutralized state will not participate in military conflicts except in self-defense.

Rights and Duties of Neutral States

1.) Not to take part in armed conflict and giving assistance to any of the belligerents by either sending troops, granting official loans or carrying contraband.

2.) To prevent its territory and other resources to be used in the conduct of hostilities (ex. allowing use of its airspace.)

3.) Agree to restrictions and limitations imposed by the belligerents such as blockades and visit and search of neutral vessels (and sometimes subjection to the authority of prize courts.)

Contraband

In international law, this refers to goods that come from a neutral source but can be seized because of their usefulness in war or are destined for enemy ports. Contraband can be absolute (like weapons,) conditional (like food and clothing, which can be used by anybody) or free list (like medicines.) Free list cargo is exempt from contraband on humanitarian grounds. Goods intended for civilian use which will end up in enemy hands can be seized on the way (doctrine of ultimate consumption.) Innocent goods shipped together with contraband may also be seized (doctrine of infection.) Goods unloaded in an intermediate port or loaded onto another vessel may also be seized due to the doctrine of ultimate consumption (doctrine of continuous voyage/transport.)

Blockade

A blockade is an operation where vessels and aircraft of a belligerent or neutral state are prevented from entering or leaving the ports of another belligerent. The purpose of a blockade is to shut an enemy state off from international trade and communication. Pacific blockades refer to the vessels of states under blockade, not to other states. The requisites of a blockade are the following:

1.) Binding: duly communicated to neutral states

2.) Effective: maintained by enough forces to make entry and exit of the blockaded area dangerous

3.) Established by the belligerent government's competent authority

4.) Limited only to enemy territory

5.) Applied without bias to all states

A neutral vessel captured for breaching a blockade is presumed to know about the blockade. Belligerent forces have the right to board and search neutral vessels to find out if they are in any way connected to the hostilities. Vessels captured for engaging in hostile activities aren't automatically confiscated. They're brought before a prize court, which is a court established by the belligerent under its own laws, or under international law  (if there is no local legislation) in its territory or in that of its allies.

War 2

Belligerent occupation is when territory has been temporarily occupied by a foreign invader. It isn't necessary that the invader occupy every square foot of ground. What matters is that he can control the area effectively and has military superiority in it. There is no change in sovereignty although the political laws of the area, except laws on treason, are suspended.

Rights and Duties in an Occupation:

1.) Reestablish or continue the ordinary administrative functions, including making laws.

2.) Adopt measures to protect the inhabitants.

3.) Requisition/sequester goods and services for civilian projects with payment of cash, whether immediate or future.

4.) No conscription

5.) Collect taxes for military and local administrative needs.

6.) Issue legal currency.

7.) Use of enemy property, whether public or private; but private property must be returned or paid for at the end of the war.

8.) Angary

An occupying power can forage on the enemy's territory if obtaining supplies through the normal channels is inconvenient. Compensation, however, must be paid at the end of the war.

Angary is the right of a belligerent state to use or destroy neutral property located on its own or enemy territory when it's absolutely necessary.

Acts of Non-Hostile Intercourse:

1.) Flag of truce: white flag indicating a desire to communicate with the enemy. The agent is called a parlementaire, can't be violated and is entrusted with negotiating with the enemy.

2.) Cartels: agreements to regulate intercourse during wartime, usually on prisoner exchange.

3.) Passport: written permission given by the government to let enemy subjects travel generally within the territory.

4.) Safe-conduct: permission given to an enemy subject or vessel to allow passage between ports.

5.) Safeguard: protection given by the commanding officer to enemy subjects or property under his command, usually with an armed escort. 

6.) License to trade: permission by a competent government office given to individuals to carry on with trade even though there's a war. 

Hostilities are suspended in the following instances:

1.) Suspension of arms: temporary cessation of hostilities by agreement of local commanders in order to gather the wounded and bury the dead.

2.) Armstice: suspension of hostilities by agreement of the belligerents in a certain theater or the whole area of the war, usually in order to implement the peace terms.

3.) Ceasefire: unconditional cessation of hostilities, usually done by an international body like the UN.

4.) Truce: conditional ceasefire for political purposes.

5.) Capitulation: surrender of enemy forces, places, etc. in accordance with military custom.

War is terminated either by a simple cessation of hostilities (usually by uti possidetis) with regard to property and territory in the belligerents' possession, concluding a negotiated peace treaty or defeat of the enemy (which is followed either by a dictated peace treaty or annexation of occupied territory.) Uti possidetis allows the belligerent to retain property or territory in its actual possession during the cessation of hostilities.

At the end of the ward is what is called the postliminium in case the invader leaves the conquered territory. The old laws and sovereignty are restored.

Juridical acts and proceedings during the occupation that aren't political in character are considered valid even after the occupation.

War Crimes

War criminals are persons whether military or not, who commit a violation of international law governing armed conflicts during wartime. They are punished by the winner at the end of hostilities.

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.)