Legal analysis reveals operational constraints on post-engagement maritime rescue among naval forces, highlighting unresolved gaps in international humanitarian law.
Maritime rescue is a traditional humanitarian obligation, yet its execution in the immediate aftermath of an armed engagement entails serious legal, operational, and ethical challenges. Residual military threats, fragmented command structures, and the uncoordinated involvement of diverse assets often transform rescue activities into complex, high-risk undertakings. These tensions reveal unresolved uncertainties under international humanitarian law concerning the scope, timing, and modalities of post-engagement rescue. This article examines the legal foundations and practical limits of post-engagement maritime rescue under the Second Geneva Convention, relevant State practice, and customary international law. It focuses on how rescue obligations are conditioned by feasibility and military necessity, analysing operational difficulties such as platform-specific constraints and coordination challenges among military, civilian, and neutral vessels. Ultimately, this article clarifies the humanitarian significance of post-engagement rescue in naval warfare and identifies areas where existing frameworks require further refinement.
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Sungcheol Choi (2026) studied this question.
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