SPECIAL ISSUES IN INTERNATIONAL LAW

FEU INSTITUTE OF LAW

ATTY. GILBERT V. SEMBRANO
16 May 2016

Final Examination Questions

Allocate your time accordingly.

I. This question is worth 75 points

Kris, a doctor, is originally from the Republic of Mimosa. She left her country 4 years ago to seek
better employment opportunities abroad. She succeeded in finding a job in Pudica.
Last year, an armed conflict broke out in the Republic of Mimosa. Armed forces from the neighboring
country- the Kingdom of Candaba - invaded Mimosa and have since been fighting to try to establish
a regime controlled by the ethnic group to which Kris belongs. One of the consequences of the armed
conflict is that the security forces of Mimosa, which are controlled by another ethnic group (X), have
begun to randomly arrest and detain members of Kris’ ethnic group (Y). There are reports that some
of those detained were subjected to torture or killed. Kris never faced any security problems while
living in Mimosa. However, she believes that it is safer for her to seek asylum in Pudica and submits
a request for recognition as a refugee to the asylum authorities in which she explains that she is
afraid to return. Pudica is a state-party to the 1951 Convention and the 1967 Protocol. Mimosa and
Candaba are states parties to the Rome Statute of the ICC.

A. Is jus in bello applicable to the above? If not what conditions will make jus in bello applicable?
(300 word limit) – 10 points
B. What conditions will make jus ad bellum/jus contra bellum to apply? (word limit is 300) - 10
points
C. Paint one scenario based on the above fact pattern (e.g., give assumptions etc.) that will make
the crime of GENOCIDE under the Rome Statute applicable. (word limit 300) 10 points
D. For letter “C”, explain, show or demonstrate how JCEI, JCEII, and JCEIII will apply. In other words,
Paint the scenario when the perpetrators will be guilty of JCEI, then, another scenario when JCEII
then, another for JCEIII. (Limit 300 words) – 10 points each for a total of 30 points
E. Is Kris a refugee? (limit is 300 words) – 15 points

II.
In what ways do ICL, Refugee Law, International Human Rights Law and International
Humanitarian Law complement each other? (25 points) word limit 300

Thanks

GOD BLESS