IJOO ATENEO lAW JOURNAL {VOL. 48:126o

human rights, because these freedoms are delicate and vulnerable, as well as supremely precious in our society' and the threat of sanctions may deter 'their exercise almost as potently as the actual application of sanctions. Justice M$asiar held that for there to be a constitutional or valid infringement of human rights, there is a more stringent criterion, that is, the existence·. of a grave and immediate danger of a substantive evil which the State has\(the right to prevent. This grave and immediate danger that we find in our tkne

· is that of kidnapping. Having· found the common denominator that uh~erpins government action -upholding the freedom from fear it remains to b~ seen where the equilibrium point lies, between the values of living our livesfree from anxiety and that of exercising the rights that make life human.

On Bloodshed, National Healing and the Rule of Law: The Genocide Convention and its Progress, Problems and Prospects• Archetle F. La~sub, •• Marie Camille Francesca L. &utista, ••• Mark Leinad R. Enojo, •••• Geminiano L. Sandoval, Jr., ••••• and Kirsten Jeanette M. Yap••••••

• This article was inspired by the various issues raised in the Compromis d'Arbitrage of the 2004 Philip C. Jessup International Law Moot Court Competition as well as those brought to fore by the Problem in this year's Red Cross International Law Moot Court Competition and Jean Pictet International Law Moot Court Competition. The authors aclmowledge the invaluable support extended by the Ateneo Society of International Law, especially Mr. Jomini Nazareno (Deputy Administrator for the 2004 Philip C. Jessup International Law Moot Court Competition) in the preparation of this article. The authors would likewise want to thank the Society:s Faculty Advisers, Atty. Antonio M. Elicano and Atty. Jose Victor Chan-Gomaga, for ·all the trust and confidence during their four-year stint in the Society. ·

•• '04 J.D., cand., Ateneo de Manila University School of Law. Lead Editor for Vol. 48(4); Executive Committee, Ateneo Law Journal. She has previousty written the comment The Mark of Jimenez: On the Rights of a Prospective Extraditee Pending Extradition Proceedings, 48 ATENEO L.J. I I9 (2004).

••• '04 J.D. cand., Ateneo de Manila University School of Law. Editor, Ateneo Law Journal. She has previously written The Legal and Ethical Implications of Online Attorney-Client Relationships and Lawyer Advertising in the Philippines, 48 ATENEO L.J. 774 (2004).

**** '04 J.D., cand., Ateneo de Manila University School of Law.· Editor, Ateneo Law Journal. He has previously co-authored the comment The .Davide Impeachment Case: Restating Judicial Supremacy over Comtitutional Questions, 48 ATENEO LJ. 806 (2004). ••••• 'o4].D., cand., Ateneo de Manila University School of Law. He served as the Ateneo Law School Srudent Council President for the Academic Year 2003-04. .,.

•••••• 'o4j.D., cand., Ateneo de Manila University School ofLaw. Editor,'Ateneo Law Journal. She has also co-authored the comment The Applicability ofUpjohn v. U.S. in the Philippine Setting and Establishing the Parameters of the Attorney-Client Privilege, 48 ATENEO L.J. 822 (2003). She also served as President of Ateneo Society ofinternational Law for Academic Year 2003-2004.

Cite as 48 ATENEO L.J. IJOI (2004).