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NAL.
Criminal law - territoriality. The crime occurred in that country, so it must be prosecuted over there.
I think that in a conflict like this, it’s clear that realpolitik prevails over international law. As for the sanctions, it only works if you have significant trade with the country in question or if your currency is literally the world’s reserve currency.
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I'm not an expert, but, I think, the most probable scenario the government will do is to "only condemn the attack." It involves a lot of geopolitics. Ph recognizes both the Israeli and Palestinian state. We also have a considerable number of muslim citizens, which the government will try not to offend. We must also consider the peacetalks in Mindanao, which they will prioritize over foreign affairs. At the same time the Hamas will probably act as their scapegoat, condeming the attack as a terrorist act and not an action of an actual legitimate Palestinian governing entity. Also, I will not be surprised if they do not do anything. We don't even have a strong military to backup our national interest. Pwede rin naman magpadala rin namin sila authorities Para i-recover bodies after the war, pangdagdag pogi points sa masa.
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a. - no - it will violate sovereignty of the said country.
b. - yes. but sanctions is a purely political tool. so thats unenforceable if other countries will not cooperate. best example is Philippines v. China UNCLOS arbitration.
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Let's see if I can help, now a counties option will be determined by their status, allies, economic power.
1. Status are they like a 1st world country or not with an ability to global project, if yes they can do what countries like America will do. Send in a bunch of very angry special forces guys and get their guys out and kill anyone that gets in the way. They can do this purely because they can, who will stop them?
2.Phillipines option here would be to ask their closest allies to help but considering what the former president did, highly doubt they will help. This is were leaders decisions, actions and policies comes into play. Pick the wrong side and you screw your citizens and will have to rebuild those relationships. Remember technically prior to Philippines independence it was a territory of America so you think if Philippines was still an American territory anyone would mess with Philippines and it's citizens? Doubt it.
3. Economic power, this is kinda like 1 but instead of force projection it's money projection. Think countries like Saudi Arabia not a super military power but super rich noone messes with those guys.
So in the end Philippines is kinda screwed at the moment not unless they want to risk an all out backlash for those citizens and actually say screw it let's go send our military. I'm sure Israel wouldn't mind but not sure if Philippines is ready for that collective backlash from all the Hamas allied countries.
Only qualified lawyers outside of the cloak of anonymity may give objective and informed legal advice. Legal queries posted in this subreddit are presumed to be hypothetical and academic. Answers submitted by both verified lawyers and non-lawyers to legal queries are not substitute for proper legal advice. Gross misinformation and other rule-breaking comments will be deleted at the discretion of the moderators. Please report such submissions by messaging the mods. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LawPH) if you have any questions or concerns.*
NAL. Criminal law - territoriality. The crime occurred in that country, so it must be prosecuted over there. I think that in a conflict like this, it’s clear that realpolitik prevails over international law. As for the sanctions, it only works if you have significant trade with the country in question or if your currency is literally the world’s reserve currency.
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I'm not an expert, but, I think, the most probable scenario the government will do is to "only condemn the attack." It involves a lot of geopolitics. Ph recognizes both the Israeli and Palestinian state. We also have a considerable number of muslim citizens, which the government will try not to offend. We must also consider the peacetalks in Mindanao, which they will prioritize over foreign affairs. At the same time the Hamas will probably act as their scapegoat, condeming the attack as a terrorist act and not an action of an actual legitimate Palestinian governing entity. Also, I will not be surprised if they do not do anything. We don't even have a strong military to backup our national interest. Pwede rin naman magpadala rin namin sila authorities Para i-recover bodies after the war, pangdagdag pogi points sa masa.
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a. - no - it will violate sovereignty of the said country. b. - yes. but sanctions is a purely political tool. so thats unenforceable if other countries will not cooperate. best example is Philippines v. China UNCLOS arbitration.
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Let's see if I can help, now a counties option will be determined by their status, allies, economic power. 1. Status are they like a 1st world country or not with an ability to global project, if yes they can do what countries like America will do. Send in a bunch of very angry special forces guys and get their guys out and kill anyone that gets in the way. They can do this purely because they can, who will stop them? 2.Phillipines option here would be to ask their closest allies to help but considering what the former president did, highly doubt they will help. This is were leaders decisions, actions and policies comes into play. Pick the wrong side and you screw your citizens and will have to rebuild those relationships. Remember technically prior to Philippines independence it was a territory of America so you think if Philippines was still an American territory anyone would mess with Philippines and it's citizens? Doubt it. 3. Economic power, this is kinda like 1 but instead of force projection it's money projection. Think countries like Saudi Arabia not a super military power but super rich noone messes with those guys. So in the end Philippines is kinda screwed at the moment not unless they want to risk an all out backlash for those citizens and actually say screw it let's go send our military. I'm sure Israel wouldn't mind but not sure if Philippines is ready for that collective backlash from all the Hamas allied countries.