空战规则的新进展及其问题

Recent Developments and Their Problems of Rules Concerning Air and Missile Warfare

由美国哈佛大学研究院发起和主持的《空战和导弹战手册》起草活动,初步形成了一个《手册》草案,并征求了20多个国家和国际组织的意见。从武装冲突法的角度来看,《手册》草案无论在整体结构、适用范围、具体概念界定和实施机制上,还存在一些缺憾和问题,而在起草委员会继续修订完善《手册》草案的同时,我们应该适时关注该项工作的进展,并做好军队的相关准备工作。

From december in 2001, ICRC and Program on Humanitarian Policy and Conflict Research （ HPCR ） at Harvard University initiated the analysis of existing rules, and led the relative academic activities. Lately, a manual on air and missile warfare has been drafted, and the HPCR has been collecting comments from 20 governmental and academic experts of regional states and 4 international organizations. From the point of the law of armed conflict, there are still some questions and problems concerning the structure, the scope of application, the basic definitions, and the implementation of the Draft Manual. While the expert group is busy readjusting and modifying the draft, the author would like to make some comments on the Manual.