The Change in the Function and the Scope of Application of the Law of Armed Conflict in the 21st Century

今天，研究国际人道主义法或武装冲突法的理论和实践比以往任何时候都更加重要，而令人遗憾的是，日本在这方面尚未作出足够的努力。每个项目参与者都侧重于一个具体问题，划分了该主题的相关问题，如武装冲突中需要保护的对象、允许或禁止的战争手段、违反战争法的后果以及武装冲突时期的环境保护问题。我们认为，我们系统地涵盖了所有有关问题，自去年以来，我们举行了几次研究会，与一大批国际法专家学者进行了深入讨论。今年特别讨论的议题包括免于刑事起诉、海洋法和脐战法之间的关系、国际人道主义法和国际人权法之间的相互作用等各种问题。此外，一些项目成员还出国采访了一些学者。我们现在正在申请科研成果出版助学金，以出版我们的研究成果。我们希望它将在2004年秋季出版。

Study on the theory and practice of international humanitarian law or the law of armed conflict is ever more important today, while it is regrettable that no sufficient efforts have yet been made on the subject in Japan. Each of the project participants focused on a specific problem by dividing the relevant issues of the subject such as the objects to be protected in the armed conflict, permissive or prohibitive means of warfare, and consequences of violation of laws of war and on the protection of the environment in tune of armed conflict. We consider that we have covered all the pertinent issues in a systematic way.We have held several study meetings since the previous year, where we had in-depth discussions with a large number of experts and scholars of international law. The particular topics that were dealt with this year include a variety of issues such as immunity from criminal prosecution, relationship between the law of the sea and the law of navel warfare, interplay between international humanitarian law and international human rights law. Also, some of the project members went abroad to conduct interviews with a number of scholars.We are now applying for the Grant-in-Aid for Publication of Scientific Research Results to publish our research resxdts. We hope that it will be published in autumn 2004.