Files
Download Full Text (422 KB)
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.
Recommended Citation
Tianjie, Lin, "CMSI Archive Translation: Legal Problems Regarding the Use of Force in Military Actions at Sea" (2017). CMSI Translations. 54.
https://digital-commons.usnwc.edu/cmsi-translations/54
Accessibility Request
Some items in this repository were created or digitized prior to implementation of the accessibility standards under the Rehabilitation Act of 1973 and are preserved in their original, unmodified state for research, reference, or historical recordkeeping. In accordance with the ADA Title II Final Rule, the College provides accessible versions of archival materials upon request. To request a version of a file or resource, please submit an Accessible File Request Form.
