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Abstract

Korean War that began in June 1950 between the Republic of Korea and

North Korea, in which an estimated 5,000,000 persons lost their lives. The

U.N., with the United States as the principal participant, joined the war on the

side of the Republic of Korea, and the People's Republic of China eventually

came to North Korea's aid. After exceptional vicissitudes, an armistice was

concluded in July 1953.

In the Korean Military Armistice Agreement, legal parties on the South

and North sides, from a purely military viewpoint are the U.N. on the one

hand and China and North Korea on the other. Therefore in the light of the

application of the law of war, （ⅰ）the subjects of international law on the

U.N. side and the Communist side are the U.N., China and North Korea; and

（ⅱ）the legal state between the U.N. side and the Commuist side is the

state of war.

In the Korean War the U.N. Command declared its intention to observe the

rules of law and in particular the Geneva Conventions of 1949. On July 4,

1950, General MacArthur stated:

Personnel of the armed forces of North Korea and other persons of North

Korea who are taken into custody or fall into the hands of armed forces now

under my operational control in connection with hostilities with in Korea will be

treated in accordance with the humanitarian principles applied by and recognized

by civilised nations involved in armed conflict.

On July 13, 1950, the Republic of Korea sent formal word that it would

cooperate with the International Red Cross and would abide by the Geneva...