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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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