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- Title
The International Law Governing a U.S.-China "Great Power" Armed Conflict in Taiwan.
- Authors
LAWLESS, ROBERT
- Abstract
China has refused to rule out the possibility of a military invasion of Taiwan. In such an event, the United States has suggested that it stands poised to use defensive force against China. "e circumstances of a military clash between the United States and China over Taiwan could come in many forms. "is article examines these potential scenarios under the Law of Armed Conflict (LOAC). It begins by establishing the threshold condition for the LOAC's operability, namely the existence of an "international armed conflict." It then examines the potential scenarios in which military conflict between the United States and China would constitute international armed conflict, thus triggering the LOAC's operability. "e article then addresses questions about the LOAC's precise role and function in armed conflict. It seeks to dispel common misunderstandings, including notions about the LOAC's capacity to prevent war or make it "clean" or "humane." In correcting these misunderstandings, the article notes the LOAC's general ambivalence about how wars start, as well as its deep structural compromise between warfighting states' humanitarian interests and military operational interests. "e hope is that these clarifications can permit a better appreciation of the LOAC's limited but important function--to minimize, to the greatest possible extent, the suffering of war victims.
- Subjects
CHINA; TAIWAN; WAR; INTERNATIONAL conflict; WAR (International law); GREAT powers (International relations); MILITARY invasion; CHINA-United States relations
- Publication
Fletcher Forum of World Affairs, 2022, Vol 46, Issue 2, p119
- ISSN
1046-1868
- Publication type
Article