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International Humanitarian Law on Aerial Bombardment in the Korean War

  • Hsia Vincent (국제대학원 국제학과 국제안보전공)

초록/요약

In 2007 and 2008, the Truth and Reconciliation Commission of the Republic of Korea claimed that the United States had violated International Humanitarian Law or the law of war in three cases of aerial bombardment of South Korea: Wolmi-do, Sansung-dong, and Gokgyegul Cave. Legal analysis as conducted in this research paper, however, showed that the United States did not violate the law of war. Legal analysis as conducted in this research paper, however, shows that the United States did not violate the law of war. A detailed analysis of the law of war during the Korean War reveals that certain modern legal principles, like principle of proportionality in regards to civilian casualties, cannot be applied for incidents during the Korean War. Furthermore, analysis of the three cases indicates that military necessity permitted the United States to conduct the aerial bombardments in the three cases. The research aim here is to provide additional information before the likely requests for compensation and apology from the United States that will be issued by the Truth and Reconciliation Commission of the Republic of Korea at the end of 2009.

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목차


I.Introduction 1
II.Background 3
2.1 Justifying the Application of IHL 4
2.2 Legal Background for the Start of the War 6
III.Legal Analysis 7
3.1 Military Necessity 8
3.2 Principle of Proportionality 15
3.3 Conclusion of Legal Analysis 21
IV.Case Studies 21
4.1 Wolmi-do 22
i. Background according to the Commission 22
ii. Legal Analysis of Wolmi-do 23
4.2 Sansung-dong 26
i. Background according to the Commission 26
ii. Legal Analysis of Sansung-dong 28
4.3 Gokgyegul Cave 32
i. Background according to the Commission 32
ii. Legal Analysis of Gokgyegul Cave 35
4.4 Conclusion of Cases 43
V.Recommendations 44
VI.Conclusion 47
VII.Bibliography 48

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