Presentation on the role of international law in governing military operations

Mr. Ian Park began by clarifying the concept of international law. International law is a set of rules and principles that govern the behavior of States and international organizations in their relations with each other and with individuals, minorities and multinational corporations. When states ratify an international treaty, they agree to be bound by the provisions contained in that treaty. In the military field, two of the most popular international treaties today are the Geneva Conventions and the Statute of the International Court of Justice.

Next, Mr. Ian Park introduced the impact of legal frameworks on military activities carried out by sovereign states, including the United Kingdom. The clearest example is Article 2, paragraph 4 of the UN Charter. Accordingly, all UN member states must refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state. However, in the event of authorization by the UN Security Council through a resolution, or the need to defend themselves or their allies, states have the right to deploy armed activities. This is stipulated in Article 51 of the UN Charter.

Mr. Ian Park explains the concept of international law

However, Mr. Ian Park said, in practice, applying the law to armed conflicts is not simple, because there will be conflicts of law. For example, a UN resolution can conflict with the human rights and humanitarian provisions stipulated in the European Convention on Human Rights. This happens more and more in activities conducted by military alliances. For example, in the armed conflict in Afghanistan, if NATO countries had a UN authorization to intervene militarily there, many forces in other countries are legally bound by Article 51 of the UN Charter.

States therefore need to ensure accountability even for their own soldiers. For example, a British soldier is bound by the laws of his country, the Geneva Conventions, the Statute of the International Court of Justice and a Special Military Code. Failure to ensure compliance with international treaties can result in legal liability for the offending individual or state. For example, following the 1994 Rwandan genocide, the International Criminal Court established a special session to try those who violated international law; this led to 95 charges and 62 convictions. Following the 1991-2001 Yugoslav War, the International Criminal Tribunal for the former Yugoslavia charged 161 people and sentenced 83.

Auditorium view

Mr. Ian Park concluded his presentation by re-emphasizing the great importance of international law in military operations abroad. Before engaging in any operation, countries need to clarify the nature of the armed conflict they will be involved in, determine the legal framework for each conflict, train soldiers on international treaties and regulations, create appropriate mechanisms for accountability, and record and compile documents on military operations during the operation. In the context of increasing international integration, Vietnam also needs to pay attention to these recommendations when engaging in activities that are likely to cause military conflicts.

After the presentation, Mr. Ian Park received and answered a number of questions and comments from the audience on a number of issues such as the role of international law in resolving disputes in the East Sea, the UK's legal options to address immigration and asylum issues for foreigners, etc.

Prof. Dr. Pham Quang Minh took a souvenir photo with him.Ian Parkand representatives of the British Embassy in Vietnam