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主权国家进行海外军事行动受到多方面限制,执行海外军事行动任务时其行为可能导致相关权益人合法权益受到损害,国际社会通常仅规定不法行为带来的损害责任,对于合法行为致损没有规定。本文从国际实践确实存在的合法行为致损情形存在的客观事实着眼,拟从公平正义、人权保障、法治发展等方面简要分析海外军事行动合法行为致损应当具有可追责性。
Sovereign states have many restrictions on their overseas military operations. Their actions in the execution of overseas military operations may cause damage to the legitimate rights and interests of the relevant stakeholders. The international community usually only stipulates the liability for damages caused by unlawful acts, and there is no stipulation on damage caused by legal acts. This essay focuses on the objective facts that exist in the international practice of the damage caused by the legal acts and intends to analyze briefly the damage caused by the legitimate acts of overseas military operations from the aspects of fairness and justice, human rights protection and the development of the rule of law.