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Application of the Law of War in the Korean War

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서울대학교 법학연구소
법학, Vol.41 No2 pp.185-213
공산국가들의 침략평화의 파괴UN의 강제행동전쟁방지법(jus ad bellum)
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...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 41, Number 1/4 (2001)
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