지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Weaker parties in asymmetrical conflicts may resort to acts prohibited under international humanitarian law, such as the use of human shields. Confronted with overwhelming technological superiority, weaker parties have embrace shielding as a "method of warfare" designed to counter attacks against which they cannot effectively defend using the weaponry and forces at their disposal.
Although the phenomenon of the human shields is not new, it has become familiar to the general public in recent years as a result of widespread media coverage. Specially, voluntary human shields challenge accepted norms that have treated the civilian as a passive subject of, rather than an actor in, armed conflict. Problems arising out of voluntary human shields directly attack ideas of cardinal principles of law of the armed conflicts, such as the principle of distinction between civilians and combatants and the principle of proportionality. Also, these problems make it more difficult to figure out which acts would be regarded as direct participation in hostilities.
In this article, I have tried to look into the legal problems triggered by voluntary human shields in the field of international humanitarian law. This article first analyzes the principle of distinction between civilians and combatants for better understanding of problems concerning voluntary human shields. Second, I explore the general prohibition of the use of human shields found in various documents of international humanitarian law, such as Geneva Conventions, Protocols Additional to Geneva Conventions and Rome Statute. Lastly, I discuss the characterization of the conduct of voluntary human shields, with particular attention paid to the term "direct participation in hostilities" and the principle of proportionality.
Although the phenomenon of the human shields is not new, it has become familiar to the general public in recent years as a result of widespread media coverage. Specially, voluntary human shields challenge accepted norms that have treated the civilian as a passive subject of, rather than an actor in, armed conflict. Problems arising out of voluntary human shields directly attack ideas of cardinal principles of law of the armed conflicts, such as the principle of distinction between civilians and combatants and the principle of proportionality. Also, these problems make it more difficult to figure out which acts would be regarded as direct participation in hostilities.
In this article, I have tried to look into the legal problems triggered by voluntary human shields in the field of international humanitarian law. This article first analyzes the principle of distinction between civilians and combatants for better understanding of problems concerning voluntary human shields. Second, I explore the general prohibition of the use of human shields found in various documents of international humanitarian law, such as Geneva Conventions, Protocols Additional to Geneva Conventions and Rome Statute. Lastly, I discuss the characterization of the conduct of voluntary human shields, with particular attention paid to the term "direct participation in hostilities" and the principle of proportionality.
목차
I. 서론
II. 무력충돌시 민간인과 전투원 구별에 관한 일반 원칙
III. 인간방패 사용 금지에 관한 무력충돌법의 규정
IV. 무력충돌법상 자발적 인간방패 관련 쟁점
V. 결론
참고문헌
Abstract
참고문헌 (19)
참고문헌 신청
1. [단행본] - Y. Dinstein / 2004 / The Conduct of Hostilities under the Law of International Armed Conflict / Cambridge Univ. Press
2. [단행본] - J. Gardam / 2004 / Necessity, Proportionality and the Use of Force by States / Cambridge Univ. Press
3. [단행본] - N. Melzer / 2008 / Targeted Killing in International Law / Oxford Univ. Press
4. [학술지(정기간행물)] - S. B. de Belle / 2008 / Chained to cannons or wearing targets on their T-shirts: human shields in international humanitarian law / International Reive of the Red Cross 90 : 883 ~
5. [학술지(정기간행물)] - D. Fischer / 2007 / Human Shields, Homicide and House Fires: How a Domestic Law Analogy Can Guide International Law regarding Human Shield Tactics in Armed Conflict / American University Law Review 57 : 479 ~
2. [단행본] - J. Gardam / 2004 / Necessity, Proportionality and the Use of Force by States / Cambridge Univ. Press
3. [단행본] - N. Melzer / 2008 / Targeted Killing in International Law / Oxford Univ. Press
4. [학술지(정기간행물)] - S. B. de Belle / 2008 / Chained to cannons or wearing targets on their T-shirts: human shields in international humanitarian law / International Reive of the Red Cross 90 : 883 ~
5. [학술지(정기간행물)] - D. Fischer / 2007 / Human Shields, Homicide and House Fires: How a Domestic Law Analogy Can Guide International Law regarding Human Shield Tactics in Armed Conflict / American University Law Review 57 : 479 ~
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UCI(KEPA) : I410-ECN-0101-2013-360-001499005