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Presentation on the role of international law in managing military operations.

Wednesday - September 13, 2017 23:02
On September 13, 2017, Professor Pham Quang Minh (Rector of the University of Social Sciences and Humanities), along with faculty members and students from the Faculty of International Studies, the Faculty of Political Science, and the Faculty of Oriental Studies, received and listened to a presentation by Mr. Ian Park (Legal Advisor to the British Navy) on the topic "The Role of International Law in Managing Military Operations".

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, minority groups, and multinational corporations. When states ratify an international treaty, they accept to be bound by its provisions. In the military field, two of the most widely used 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 operations conducted by sovereign states, including the United Kingdom. A clear example is Article 2, paragraph 4 of the UN Charter. According to this article, all UN member states must refrain from the threat or use of force in international relations against the territorial integrity or political independence of any state. However, in cases where authorized by the UN Security Council through a resolution, or when it is necessary to defend itself or its allies, states have the right to deploy armed force. This is stipulated in Article 51 of the UN Charter.

Ian Park explains the concept of international law.

However, Ian Park stated that, in practice, applying the law to armed conflicts is not simple, as conflicts of law can arise. For example, a United Nations resolution may conflict with the human rights and humanitarian provisions of the European Convention on Human Rights. This is even more prevalent in operations conducted by military alliances. For instance, in the armed conflict in Afghanistan, if NATO countries had UN authorization to intervene militarily, many forces in other countries would be legally bound by Article 51 of the UN Charter.

Therefore, nations need to ensure accountability even for their own soldiers. For example, a UK soldier is bound by the laws of their own country, the Geneva Conventions, the Statute of the International Court of Justice, and a Special Military Code. Failure to ensure compliance with international treaties will result in legal liability for the individual or nation in violation. For instance, following the Rwandan genocide in 1994, the International Criminal Court held a special session to try those who violated international law; resulting in 95 charges and 62 convictions. After the Yugoslav Wars from 1991-2001, the International Criminal Court for Yugoslavia charged 161 people and sentenced 83.

View of the auditorium

Ian Park concluded his presentation by reiterating the crucial importance of international law in overseas military operations. Before engaging in any campaign, nations need to clarify the nature of the armed conflict they will be involved in, define the legal frameworks for each conflict scenario, train soldiers on international treaties and regulations, establish appropriate accountability mechanisms, and document military activities throughout the campaign. In the context of increasing international integration, Vietnam should also pay attention to these recommendations when participating in activities that could easily lead to military conflict.

Following his presentation, Ian Park received and answered several questions and comments from the audience on issues such as the role of international law in resolving South China Sea disputes, the UK's legal options for addressing the issue of migration and asylum for foreigners, etc.

Professor Pham Quang Minh poses for a commemorative photo with him.Ian Parkand representatives of the British Embassy in Vietnam

Author:Tran Minh

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