무력충돌 시 학교의 보호를 위한 국제법적 논의 동향과 그 시사점

Schools and universities, teachers, and students are exposed to military attacks as schools and universities are often used for military purposes in times of armed conflict. In countries where armed conflict occurred, schools and universities have been mainly used for military purposes such as barracks or bases; as observation posts; as a position from which to fire weapons or to guide weapons onto their targets; for offensive or defensive positioning; for storage of weapons or ammunition; for interrogation or detention; for military training or drilling of soldiers; for the recruitment of children as child soldiers contrary to international law. As a result, schools and universities were considered legitimate military objectives and became targets of attack, which not only threatened students' survival but also blocked access to education. For this reason, the international community has recently paid more attention to the education and protection of educational facilities in times of armed conflict. This is reflected in resolutions of the UN General Assembly and Security Council, which has begun to condemn the military use of schools and universities and to demand member states to take specific measures to prevent them. The Safe Schools Declaration and the Guidelines can be seen against the background of this increased interest in the protection of schools and universities. In this paper, we examine the background of the adoption of a Safe Schools Declaration, its international legal nature, the differences compared to the existing normative regime in detail, and its international legal implications. This will serve as a theoretical basis for reviewing problems or other policy considerations that may arise when the Republic of Korea intends to support a safe school declaration in the future.