Work

Post-Engagement Maritime Rescue under International Humanitarian Law: Timing and Feasibility

Year: 2026

Type: article

Abstract: 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.

Source: Asian Journal of International Law

DOI: 10.1017/s2044251326101167

Author: Sungcheol CHOI

Language: English

Topic: International Law and Human Rights

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,550

OpenAlex ID: W7204871274