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Description

This article analyzes the use of force, differentiating between military force (prohibited in principle, allowed in exceptions like self-defense) and law enforcement force (allowed in principle, but strictly regulated). It asserts that actions of a military character, even if disguised as law enforcement (such as in the Diaoyu Islands dispute or against foreign military vessels), should be categorized as military activities to ensure strict regulation of the use of force. Procedures must follow graduated steps: query, warning, warning shots, and actual use of force. Limitations on force must adhere to the principles of necessity, proportionality, and distinction.

Publisher

China Maritime Studies Institute, U.S Naval War College

City

Newport, Rhode Island

Keywords

Use of Force, Military Activities, Law Enforcement Force, Proportionality, Self-Defense.

CMSI Archive Translation: Legal Problems Regarding the Use of Force in Military Actions at Sea

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