Eric Yong Joong Lee Dongguk University, college of Law; YIJUN Institute of International Law
562 Gwangnaruro, Kwangjin-gu #201 Seoul 143-821 Korea
Corresponding Author: grotian@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Although relationships among the former belligerent parties of the Korean War have changed drastically over the decades, the parties still remain under the armistice system because the Korean War is not over legally. The primary purpose of this research is to analyze questions related to the Chinese People's Volunteer Army in the Korean War from an international legal perspective. As a new topic, this is intended to be a precautionary examination of an issue that could haunt the eventual process of peacemaking on the Korean peninsula. The main text of this article consists of three parts. The first examines whether the Chinese People's Volunteer Army's entering the Yalu River was self-defense under Article 51 of the UN Charter. The second part covers various legal questions relating to armed hostilities in the Korean War under international law. The third part discusses the legal questions around an armistice negotiation.
Keywords : CPVA, Korean War, Armistice, POWs, 38th Parallel, Self-Defense, UN Forces, MacArthur, Peng Teh-Huai
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2014.7.1.05
2015년 12월 15일 화요일
Military Rescue Operation for the Hostages Taken by Somali Pirates: Was the Korean Navy's "Daybreak in the Gulf of Aden" Legitimate?
Eric Yong Joong Lee Dongguk University, Korea
College of Law, Dongguk Univ., Pil-dong 3-ga, Jung-gu, Seoul, Korea
Corresponding Author: grotian@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
On January 21, 2011, the Korean navy commandos rescued the twenty-one crewmen abducted and detained by Somali pirates in the Indian Ocean. The pirates captured alive were brought to Korea for trial and the prosecutor's office of Pusan sentenced the leader of the Somali pirate group to life-imprisonment. The other four pirates received imprisonment terms from 12 to 15 years. Regardless of these domestic legal punishments, this rescue operation has raised a few critical international legal questions. The primary objective of this paper is to answer these questions. This research analyzes the international legal characteristics of the Korean Navy's rescue operation. Then, a few case-studies of military rescue operation are carried out in order to justify the Korean Navy's rescue operation. The Korean Navy's rescue operation may be regarded as an act of forcible self-help and realization of existing international legal right.
Keywords: Somali Pirates, Daybreak in the Gulf of Aden, Forcible Protection of Nationals Abroad, UNCLOS, Self-Defense, Self-Help, Entebbe Raid.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2012.5.1.02
College of Law, Dongguk Univ., Pil-dong 3-ga, Jung-gu, Seoul, Korea
Corresponding Author: grotian@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
On January 21, 2011, the Korean navy commandos rescued the twenty-one crewmen abducted and detained by Somali pirates in the Indian Ocean. The pirates captured alive were brought to Korea for trial and the prosecutor's office of Pusan sentenced the leader of the Somali pirate group to life-imprisonment. The other four pirates received imprisonment terms from 12 to 15 years. Regardless of these domestic legal punishments, this rescue operation has raised a few critical international legal questions. The primary objective of this paper is to answer these questions. This research analyzes the international legal characteristics of the Korean Navy's rescue operation. Then, a few case-studies of military rescue operation are carried out in order to justify the Korean Navy's rescue operation. The Korean Navy's rescue operation may be regarded as an act of forcible self-help and realization of existing international legal right.
Keywords: Somali Pirates, Daybreak in the Gulf of Aden, Forcible Protection of Nationals Abroad, UNCLOS, Self-Defense, Self-Help, Entebbe Raid.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2012.5.1.02
Islamic International Law and the Right of Self-Defense of States
Abdul Ghafur Hamid International Islamic University, Malaysia
P.O. Box 10, International Islamic University, Kuala Lumpur 50728, Malaysia
Corresponding Author: ghafur@iium.edu.my
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Islamic international law is a branch of the Shari'ah (Islamic law). Due to the classical doctrine of the notion of 'Jihad', there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur'an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of 'jihad' is 'self-defense.' After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking.
Keywords : Shari'ah, Self-Defense, Jihad, Islamic International Law
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2009.2.1.03
P.O. Box 10, International Islamic University, Kuala Lumpur 50728, Malaysia
Corresponding Author: ghafur@iium.edu.my
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Islamic international law is a branch of the Shari'ah (Islamic law). Due to the classical doctrine of the notion of 'Jihad', there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur'an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of 'jihad' is 'self-defense.' After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking.
Keywords : Shari'ah, Self-Defense, Jihad, Islamic International Law
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2009.2.1.03
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