Legal Regulation Of Warships Oversea Escort In Combating International Crimes

The use of warship oversea escort to combat international criminal acts as one of the overseas non-war military acts.Most of the research focus on the legal regulation of international criminal acts,and there is little sorting out and discussion of the legal regulation of warship strike behavior.And the inevitable use of force by warship behavior in the understanding of international treaties and other differences between countries,may make international frictions and disputes continuing.While safeguarding the legitimate rights and interests of the country from infringement,tracing the source to avoid the possibility of similar incidents to maintain international peace and security.Therefore,in Chapter I,the basic concept of warship oversea escort is a non-war military activity that utilizes the state’s public power to protect its legitimate overseas interests.However,the international practices,such as the participation of warship oversea escort,peacekeeping,evacuation of overseas civilians and humanitarian aid,shall be highly involved in external affairs.In peacetime,it involves effectively combating the crime of piracy and terrorism.Warship oversea escort missions armed conflicts between subjects who use excessive force in order to protect their own citizens or practice humanitarian protection in wartime or armed evacuation,and whose excessive acts shall be convicted as international crimes in applying international and domestic laws,as the evacuation of overseas civilians,peacekeeping and humanitarian assistance.Some scholars,by analogy with warship oversea escort behavior and maritime law enforcement behavior,believe that warship oversea escort behavior should be characterized as non-war military action from the perspective of its purpose,source of authorization,particularity of implementation subject and specific behavior content,and the corresponding international legal system should be applied,especially when using force.Including of regulating the protection of non-citizens by warship oversea escort,the conditional choice of whether or not to carry out protection acts on the basis of protection responsibility or the consent of the State for non-citizens does not naturally perform it,and humanitarian protection should not be used as a cover for interfering other States’ internal affairs.Warship oversea escort based on contractual obligations can make up for the lack of commercial escort,but it cannot cause the escort lose the legal and reasonable protection of the identity.While in Chapter II,it also clarifies the jurisdiction and legal application of warship oversea escort operations against international criminal crimes,whether warship should bear legal responsibilities and specific regulations when their operations violate international laws or the domestic laws of the place where the criminal acts take place or the laws of the nationality countries of the persons involved,and the international and domestic judicial bodies that should exercise jurisdiction and judicial power.Divided into the personal jurisdiction of the flag State,the territorial jurisdiction of the State in which the act occurred,the application of universal jurisdiction in areas where the State may not effectively control,the circumstances in which the International Court of Justice exercises jurisdiction,the exercise of jurisdiction by the International Tribunal for the Law of the Sea,which provides for specific compulsory jurisdiction procedures,and its existing cases which propose "exceptions to military activities".In the case of a conflict between the personal jurisdiction of the flag State and the territorial jurisdiction claimed by the coastal State,a domestic judicial body is required to exercise jurisdiction.Then,in Chapter III is to clarify the applicable law under the relevant jurisdiction,while the warship strike violates international law or the domestic law of the State where the crime occurred,the law of the State of nationality of the person involved,etc.It is whether the warship should bear legal responsibility and the specific regulation of its behavior,which involving the application of specific international and domestic laws.The legal practice of each country as a whole is subject to personal jurisdiction.In most cases,the application of domestic laws of the country to which the warship belongs takes precedence.The second is the application of the domestic law of the country where the international criminal crime is committed,subject to the same application as the domestic law of the State of nationality of the injured State,and followed by the domestic law of other states of nationality under personal jurisdiction.Furthermore,in Chapter IV,The privilege and immunity of whether legal liability should be borne needs to establish the legal status of warships in overseas escort.The focus is on analyzing when the legal status of warships in overseas escort changes,which varies from the peacetime to wartime conditions.Due to the changes in the maritime areas where they are located,the influence of the changes in the regional attributes on the legal nature of warships fighting international criminal crimes is discussed.In peacetime,it emphasizes the applicable immunity and privileges such as the immunity of representatives of state status due to their duties and treaties between states,while in wartime,it emphasizes the neutral status of non-belligerent parties,which should abide by the obligations of a neutral party and enjoy the right of free navigation and the right of self-defense.Last but not least,regulating the use of force and the legal problems in specific practices in Chapter V,clarify that the legal basis for the lawful use of force and the principle of the use of force are strictly limited,that there should be relevant with international law basis.If there are situations where the performance of the corresponding procedures by the warship will inevitably cause damage to the Marine environment,it should be carried out to minimize the impact of the use of force on the Marine environment within a reasonable range.Emphasizing while respecting state sovereignty in the waters of countries and use of force,specifically clarifying the three kind of rights of self-defense through waters under state jurisdiction,including state self-defense,warship self-defense and the protection of others,while the use of force on the high seas should not exceed the limit on the pretext of preventing the use of force for international criminal offences.Then the use of artificial intelligence and cyber weapons should be prudent and the boundary between legality and illegality should be improved,in order to improve the legal regulation of warship oversea escort to combat international criminal offenses.Only by correct performance of protecting rights,can we protect national overseas security interests just and well-founded.