우리나라에 있어서의 국제인도법의 발전과 한계

Abstract

Since the middle of 19 century, the Int’l Humanitarian Law(or the law of war) which was build and developed under the lead effort of the International Committee of the Red Cross, is taking place in ‘Human Conscience’ relaxing cruelty and inhuman of the war. The reason how did Korea and IHL get connected was after joining the ‘Convention for the Amelioration of the Condition of the Wounded in Armies in the Field’ in 8 Jan. 1903, and later, joining ‘the Geneva Conventions’ in 1966, two ‘the Additional Protocols’ in 1982, installation of ‘the Korean Committee of IHL’ in 2002, enactment of ‘Act on the Punishment of Crimes within the Jurisdiction of the Int’l Criminal Court’ in 2007 and so on are being developed until today. But until now, we are not in the accession in ‘Convention on the Prohibition of the Use, stock piling, Production and Transfer of Anti-personnel Mines and on their Destruction’ and ‘Convention on Cluster Munitions’ also not in the accession in ‘the Protocol Ⅲ・Ⅳ’ in ‘Convention on prohibitions or Restrictions on the Use of Certain Conventional Weapons Which may be deemed to be Excessively Injurious or to have Indiscriminate Effects’ holding up ratification in ‘the Additional Protocol Ⅲ’ about ‘the Geneva Conventions’ and so on. So to us, development of IHL is in the condition of having a long way to go. Under this conditions, we are going to research and analyze these some aspects in this thesis. First, introduce build and development progress of IHL. Second, arrange and evaluate development progress and introduction of IHL in Korea. Third, analyze the limitations of development of IHL in Korea. Last, in the conclusion, suggest direction of improvement in IHL in Korea. Through these examinations, to suggest development of IHL in Korea is like this. First, the basic and the most important request that is helping problems that are facing is building up the law-abiding spirit from childhood and recover the value of humanity that is crashed. Second, requesting accession or ratification about treaty that are not in accession or ratification. Third, ‘the Korean Committee of IHL’ have to managed to fulfill actual role according in above ‘the Recommendation of the International Committee of the Red Cross’. Forth, our government have to perform dissemination and education duty actively as the treaty powers of ‘the Geneva Conventions’. At last, the development of IHL is insisting interest to nation and government for IHL’s wholehearted development because will of nation and government is the very important factor.