摘要
交战规则在现代军事行动中已经得到普遍应用,但因其自身的特殊性尚未广为人知,理论研究也不尽成熟,国内更是鲜有论述。此文通过分析交战规则的五个主要特点,说明对交战规则定义的认识。同时介绍了目前有关国际组织和国家的交战规则制定情况,以期进一步理解并明确制定交战规则的基本依据,即国家政策目标、具体任务需要和相关法律规范。尽管不同类型军事行动中的交战规则不尽相同,但一些基本内容是所有交战规则应当涵盖和规范的,此文总结了其中主要的九个方面。实践证明,任何交战规则都是具体时空的产物,不可能是完美无缺的,其制定、执行还存在诸多局限性和不尽人意之处。深入分析交战规则的特点、内容、依据及应用情况,可以更好地适应新军事变革及多样化军事任务需要,进一步提高我军武装冲突法的运用技能。
Rules of engagement have been widely used in modern military action, but it's still not been well known because of its own specific characteristics. So, theoretical study about it is not mature, especially in our country. This article tries to explain the definition for it through analyzing the five main characteristics of rules of engagement. At the same time, this paper introduces current provisions in some relevant international organizations and nations, so as to further understand it and clear the basis to formulate it: national policy and objective, specific task needs and correlative laws & regulations. Despite rules of engagement are not the same in different types of military actions, there are some basic contents that should be covered and regulated in all actions. This article sum- marizes the main nine aspects. However, practice has proved, any rules of engagement are space - time product and can not be perfect. The formulation and implementation always has many limitations and unsatisfactory places. To in - depth analyse the characteristics, contents, basis and applications of rules of engagement, can better adapt to the new military reform and the needs of diversified military missions, so as to further improve our skills in armed conflicts.
出处
《法学杂志》
CSSCI
北大核心
2012年第7期28-33,共6页
Law Science Magazine
关键词
交战规则
特点
内容
rules of engagement characteristic content