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Some International Legal Evaluation on Ahn Jung Guen's Judicial Trial
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안중근 재판에 대한 국제법적 평가

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Type
Academic journal
Author
Journal
한국외국어대학교 법학연구소 외법논집 외법논집 제33권 제2호 KCI Accredited Journals
Published
2009.1
Pages
299 - 324 (26page)

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Some International Legal Evaluation on Ahn Jung Guen's Judicial Trial
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This article treats Ahn Jung Guen's Judicial Trial from international legal points of views. The patriotic deed of Martyr Ahn Jung-Guen is neither a simple terrorism, nor the civil war. His patriotic deed should not be underestimated in world history & in international law. His patriotic deed comes from lawful armed conflicts on a right of self-determination of Korean patriotic soldier against the Japanese Imperialism & colonialism since 1904. His assassinated Ito Hirobumi because Ito was a terrible obstacle for restoration of Korean sovereignty & for the oriental peace. His patriotic deed is due to the oriental peace & the public interests. Ahn Jung-Guen, the prominent Korean independence fighter was executed in 1910 for having assassinated Ito Hirobumi. His trial was unfair in many aspects because Korean Judicial Power was seized by the Japanese imperialism. He asserted Japan's occupation and aggression at that time was null and void including various kinds of forcibly-contracted agreements, treaties and consequences of such accords. This means independence fighters have the properness, morality and legitimacy for their struggle against the Japanese imperialism during the colonial period. Some legal issues from international law points of views should be pointed out regarding for his judicial trial as follows: 1) The patriotic deed of Martyr Ahn Jung-Guen is neither a simple terrorism, nor the civil war. 2) He had the right of belligerency at war time. He must have get a humanitarian treatment as prisoners of war in international humanitarian law. 3) His right of defense in the court was terribly limited. He had no access to Korean advocate. Therefore his trial was unfair. 4) The court made a wrong application of the law to Ahn's trial. The court applied Japanese criminal law. not international humanitarian law or Korean criminal law to his trial.
#안중근 #자결권 #동양평화 #만국공법 #침략 #교전권 #테러리즘 #포로 #국제인도법 #Ahn Jung Guen #Right of Self-Determation #Oriental Peace #Public International law #Aggression #Right of Belligerency #Terrorism #Prisoners of War #International Humanitarian Law

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/ 2005 / 안중근 의거에 대한 인식 / 안중근 기념사업회 주최 학술대회논문집 google schola Fleck, Dieter / 1995 / The Handbook of Humanitarian Law in Armed Conflicts / Oxford google schola Gray,Christine / 2004 / International Law. and the Use of Force / Oxford University Press google schola Henkin,L / 1993 / Internatnal Law, Cases and Materials 3rd. ed / West Publising Co google schola Higgins, R. / 1994 / Problms & Process, International Law and How We Use it / Clrendon Press google schola

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