《空战和导弹战国际人道法手册》起草进展及问题分析

The New Development Of Draft Manual On International Humanitarian Law in Air and Missile Warfare and Some Problems Concerned

由美国哈佛大学"人道主义政策与冲突研究"项目负责的《空战和导弹战国际人道法手册》(下称《手册》)近期形成了2007年新的草案本文及评注,表明该项目又取得了阶段性成果。从进展情况看,《手册》在寻求军事需要与人道主义要求之间平衡上,解决得不是很好,如扩大了"军事目标"的范围,放宽了对武器的限制,缩小了某些受保护的对象范围,出现了与制定《手册》初衷不符的倾向,值得引起注意。

Sponsored by Program of Humanitarian Policy and Conflict Research at Harvard University, the Draft Manual on International Humanitarian Law in Air and Missile Warfare was revised in October 2007, and a Provisional Commentary was added to it. This means that the Expert Group has accomplished new achievements. After finish reading the new version and its commentary, the author thinks that problems still arise as the balance between military necessity with demand of humanity has not been made successfully, such as the concept of ＂ military objective＂ be expanded, the restraints of weapons be reduced, the scope of the protection of certain objects be diminished, hints appear that the original intention of making such a manual draft be disobeyed, attention should be paid to.