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

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.

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Publication Details

Journal
Asian Journal of International Law
Published
2026-09-01
DOI
https://doi.org/10.1017/s2044251326101167
Primary Topic
Maritime Security and History
Type
article
Field-Weighted Citation Impact
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article

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

Sungcheol Choi
Asian Journal of International Law
Maritime Security and History
article

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

Sungcheol Choi
article en

Abstract

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.

Asian Journal of International Law
Naval War College (US)
Openalex Percentile: Top 6%
Maritime Security and History
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