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8 E. Asia L. Rev. 43 (2012-2013)
War on the Korean Peninsula? Application of Jus in Bello in the Cheonan and Yeonpyeong Island Attacks

handle is hein.journals/etalr8 and id is 43 raw text is: War on the Korean Peninsula? Application of Jus in Bello in the Cheonan and Yeonpyeong Island Attacks Seunghyun Sally Nam The media often reports that the Korean Peninsula remains technically in a state of war, but there remains uncertainty about whether its countries are still legally at war. On December 6, 2010, the International Criminal Court (ICC) released a statement that it was initiating a preliminary examination to determine whether it had jurisdiction over the sinking of the South Korean warship Cheonan by a North Korean submarine, as well as over North Korean artillery attacks near Yeonpyeong Island For the two attacks to fall under the jurisdiction of the ICC, they must be found to be war crimes, which would require that the laws of war (jus in bello) be in effect at the times they were committed. Because the signing of the Korean * S.J.D. Candidate, University of Pennsylvania Law School; M.Jur, Oxford University, 2007; LL.M, Korea University, 2009; LL.B, Korea University, 2004. The author thanks Professors Dapo Akande, Jean Galbraith, Boris Kondoch for their thoughts and comments on an earlier draft of the Article. The author also appreciates invaluable comments from Dr. You Ki-Jun and Mr. Hwang Jun-Shik at the Ministry of Foreign Affairs and Trade in Seoul, Korea. This Article does not represent the view of the Korean government. Special thanks to the editors at the University of Pennsylvania East Asia Law Review for their excellent editing and feedback. Lastly, the author is grateful to Professors Park Ki-Gab and Jung Kyung-Soo for their mentorship, and her family for their continuous support.

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