M/S Józef康拉德案与越南战争期间的空战法

IF 0.3 Q3 LAW

Journal of International Humanitarian Legal Studies Pub Date : 2022-05-13 DOI:10.1163/18781527-bja10048

Mateusz Piątkowski

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引用次数: 0

摘要

1972年12月20日，停泊在北越海防港的悬挂波兰国旗的商船M/S Józef Conrad在Linebacker ii空袭中被空投炮弹击中，也被称为“圣诞轰炸”。这次袭击造成了波兰船员的生命和健康损失，并摧毁了船只本身。2020年，波兰人权专员向波兰政府行政部门提交了一份正式请愿书，强调尽管该行为违反了国际刑事法院和联合国人权事务高级专员的规定，但后来没有代表受害者采取法律行动或外交努力。高级专员的声明没有从空战法的角度审查轰炸，这是根据国际法确定该行为不法性的关键先决条件。

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The Case of M/S Józef Conrad and Law of Air Warfare During the Vietnam War

On the 20th of December 1972, the Polish-flagged merchant vessel M/S Józef Conrad, anchored in the North Vietnam port of Haiphong, was hit by an air-delivered projectile in the Linebacker ii air campaign, also referred to as the ‘Christmas bombing’. The attack caused both loss of life and health among Polish sailors, and destroyed the ship itself. In 2020, the Polish Commissioner for Human Rights submitted a formal petition to the executive branch of the Polish government, highlighting that despite the fact that the act was a violation of the iccpr and udhr, neither legal actions nor diplomatic efforts were later undertaken on behalf of the victims. The statement of the High Commisioner did not examine the bombardment from the perspective of the law of air warfare, which is a pivotal precondition to determine the wrongfulness of the act in the light of international law.

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来源期刊

Journal of International Humanitarian Legal Studies LAW-

CiteScore

1.50

自引率

11.10%

发文量

期刊介绍： The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.