2010 Bar Exam Questions and Suggested Answers

The dictatorial regime of President A of the Republic of Gordon was toppled by a combined
force led by Gen. Abe, former royal guards and the secessionist Gordon People’s Army. The new
government constituted a Truth and Reconciliation Commission to look into the serious crimes
committed under President A’s regime. After the hearings, the Commission recommended that an
amnesty law be passed to cover even those involved in mass killings of members of indigenous
groups who opposed President A. International human rights groups argued that the proposed
amnesty law is contrary to international law. Decide with reasons. (4%)

SUGGESTED ANSWER:

The proposed amnesty law is contrary to international law. The mass killings of members
of indigenous groups constitute genocide under Article II(a), Convention for the Prevention
and Punishment of the Crime of Genocide. The proposed amnesty law is against
international law because it is incompatible with, or in violation of the international
obligation under Article IV of this Convention that “Persons committing genocide… shall
be punished, whether they are constitutionally responsible rulers, public officials or private
individuals.”

“The Contracting Parties confirm that genocide, whether committed in time of peace or in
time of war, is a crime under international law which they undertake to prevent and to
punish.”

II

Compare and contrast the jurisdiction of the International Criminal Court and International Court
of Justice. (3%)

SUGGESTED ANSWER:

The jurisdiction of the International Court of Justice pertains to international

responsibility in the concept of civil liability, while that of the International Criminal Court
pertains to criminal liability.
While States are the subject of law in international responsibility under the jurisdiction of
the International Court of Justice, the criminal liability within the jurisdiction of the
International Criminal Court pertains to individual natural person. (Article 34(i) of the
Statute of the International Court of Justice; Articles 25 and 27 of the Statute of the
International Criminal Court.)

III

A, A British photojournalist, was covering the violent protests of the Thai Red-Shirts
Movement in Bangkok, Despite warnings given by the Thai Prime Minister to foreigners,
specially journalists, A moved around the Thai capital. In the course of his coverage, he was
killed with a stray bullet which was later identified as having come from the ranks of the Red-
Shirts. The wife of A sought relief from Thai authorities but was refused assistance.

1. Is there state responsibility on the part of Thailand? (2%)

SUGGESTED ANSWER

There is no state responsibility on the part of Thailand. The wrongful act in question is an
act of private individuals and not of an organ of the government or a state official. Hence, it
is not attributable to Thailand as its wrongful act for the purpose of state responsibility.

1. What is the appropriate remedy available to the victim’s family under international law?
(3%)

SUGGESTED ANSWER

The appropriate remedy available to the family of A is to seek diplomatic protection from
Great Britain to press a claim for reparation. (Brownlie, Principles of Public International
Law, 7th ed., pp. 460 and 477-478.) However, in order that the claim will be allowable
under customary international law, the family of A must first exhaust the legal remedies
available in Thailand. (Brownlie, Principles of Public International Law, 7th ed. p.492.)

IV

Choose the statement which appropriately completes the opening phrase!”

1. State which resorts to retorsion in international law

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 a. must ensure that all states consent to its act.

b. cannot curtail migration from the offending state.

c. can expel the nationals of the offending state.

d. should apply proportionate response within appreciable limit.

e. None of the above.

Explain your answer. (2%)

SUGGESTED ANSWER:

The correct answer is letter “D”.

A State which resorts to retorsion in international law should apply proportionate response
within appreciable limit. Retorsion is merely retallation for discourteous, unkind, unfair or
unfriendly acts by acts of the same or similar kind. Oppenheim’s International Law, Vol. II,
7 ed., p. 134.)

XXVII

What is the concept of association under international law? (2%)

SUGGESTED ANSWER:

An association is formed when two states of unequal power voluntarily establish durable
links. The associate delegates certain responsibilities to the other, the principal, while
maintaining its status as a state. It is an association between sovereigns. The associated
state arrangement has usually been used as a transitional device of former colonies on their
way to full independence. (Province of North Cotabato v. Government of the Republic
ofthe Philippines Peace Panel on Ancestral Domain, 568 SCRA 402 [2008]-)

Association, under international law. is a formal arrangement between a non-self-

governing territory and an independent State whereby such territory becomes an
associated State with internal self-government, but the independent state is responsible for
foreign relations and defense.

For an association to be lawful, it must comply with the general conditions prescribed in
UN General Assembly Resolution 1541(XV) of 14 December 160: (1) the population must

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consent to the association; and (2) the association must promote the development and
wellbeing of the dependent state (the non-self-governing territory). Association is subject to
UN approval.

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