I.

Rules for use of force

1.1 What are the components of the drafting of ROE? Explain with
examples. Guidelines for Drafting Rules for the Use of Force Guidelines for
answering the use of force are: Guidelines or orders issued by superiors that
prescribe conditions environment and circumstances in which force may be
used to accomplish the mission by explaining what subordinates can do and
cannot be done in order to achieve the mission, and also determines the
method of granting additional Level of use of force by The principle of using
force must be in accordance with International law and law within the
country, with The elements in drafting ROE are:
1. Policies: Policies will take into account national policy international
relations and policies or commander's will
2. The law, taking into account national laws. and international law.
3. Military, with regard to whether it is the mission of the unit or not.
capability of personnel, weapons equipment and operational areas
As shown in the picture chart below.
Examples of guidelines for drafting rules on the use of force
Answer
Because the use of force is a guideline or command of the commander.
The consideration process will taking into account the following elements
1. Must consider the environment both physical and emotional areas of
conflict people's thoughts
2. Must consider the mission, what kind of mission is it? such as military
or enforcement missions. Laws, etc., and what threats does such a mission
have?
3. International rules must be taken into account political environment
and respect the right to protection myself The results of the action will be
governed by the use of force within the framework of policy, law and the
military. Consistent with the environment, mission, and social norms and in
accordance with the rules of the use of force foreign countries in the same
environment and mission as shown in the diagram below.
1.2 How does ROE affect mission accomplishment?
Because of the use of force is a guideline for the use of force that the
commander has set up to be A tool to control the use of force by hierarchical
commanders when wanting to have military operations both in normal and
abnormal situations It is useful for proper military operations specified scope
It also makes it easy to make decisions. Hierarchical commanders in order to
give orders when needed military action both as a guarantee to the
practitioners that If done Such action will be according to the policy or
intention of the responsible supervisors at all levels and the aforementioned
is still within the framework of Law, both domestic law and international law
and in accordance with the task and the mark the ability of the force
armament and areas of operation in all respects to affect the right to self-
defense
Result : Easy to command, easy to understand, easy to execute.
Collateral : Legitimate like the commander Countries that are not legal:
military operations areas
The use of military force in naval operations in the maritime area in the
period in which armed arrangements are organized has rules and important
laws involved and the student officers saw that such rules and laws were Does
it support the practice or is it a limitation in naval operations?
Laws: Military Operations Areas the use of military force in naval
operations in maritime areas at times of armed conflict.
1. How are the rules and important laws involved?
Answers: Main from World War I Many countries view war as an evil.
Therefore, there is an effort to make War is forbidden. By mutually agreeing
to settle any dispute by “peaceful means”, regardless of the nature of the
dispute cause of anything According to the war or the use of military force
between states cannot exist but the exception is use of force to maintain peace
or use of force in self-defence however if necessary to usemilitary power, the
state must respect the law of arm conflict by using
Legitimate power must take into account the grounds in the rules on the
state will use armed force and while using that force must respect the rules
governing the use of armed force by the State and must respect humanitarian
principles during War too, so it will be a just war and with that United Nations
Convention on the Law of the Sea 1982 It was born out of a common desire to
settle all disputes concerning the law of the sea with the spirit of mutual
understanding and cooperation The aforementioned law, in addition to being
an international law It is also a customary international law. Even in the event
of armed conflict between states, it did not cause Law of the United Nations
Convention on the Law of the Sea 1982 No Mandate and still in force with all
states at all times In the event of armed conflict in the maritime area, the
relevant legal principles are United Nations Convention on the Law of the Sea
1982 and the law of armed conflict in the use of military force in naval
operations that involve armed conflict. It is defined in San Remo Manual On
International Law Applicable To Armed Conflicts At Sea, which sets out the
rules and Areas for naval warfare are as follows: Article 10 can be done,
article 11 accepts that it will not be done, article 12 takes into account neutral
rights of the nation taking into account the principle that If there is an armed
conflict at sea Two states prefer to use force against each other in the area,
above or above the territorial sea, inland waters, the continental specific
economic zone all the way to the islands of the Parties to the dispute, the high
seas, the exclusive economic zone and the continental shelf of a neutral state
(Article 10). Parties must take into account fragile or scarce ecosystems.
marine life (Article 11) and taking into account the rights of States also
neutral (v. 12), and in combat in the exclusive economic zone or continental
shelf of a neutral state must take into account what is planted Team islands of
that neutral state are also built (Article 34), and the landing of mines must not
endanger the island structures. The neutral state team (Article 35) and the
battles on the high seas must take care that cables and pipes are not
jeopardized. placed in that sea (v. 37), which all principles are Eliminate the
badness of the conflict as well. Weapons Limit the extent of conflict to
escalation. • Respect the rights of a neutral nation and protect victims from
the battle. It also defines the scope of responsibility of the state for violating
the rules to be responsible damage This is the main part that will effectively
limit the war.
2. Student officers saw that the rules and laws as support for practice or
as Limitations on naval operations? How?With regard to the concept of Just
War, that war or conflict ends. Fairness of both parties The use of force and
the use of weapons in military operations must be used to the full as efficient
and effective as possible to achieve the objectives of the nation in making war,
but shall be subject to the provisions of the Armed Conflict Act. which has
been involved since Initiating the use of force during the use of force until the
end of the use of force In armed conflict, the law With armed conflict being the
key to keeping the state, political and military from being tempted to Driven
by the verb of destruction natural law Armed conflicts include: Laws and
tactics of armed conflict that bind warring parties to adhere to and practice in
order to control
The nature of war and its damage limits. It also determines on the role
of neutrality in war along with the rights and obligations of the warring
parties in armed conflict against each other and against a neutral nation that
cannot be violated. The relevant legal principles Although it may be a
hindrance to war operations. But considering The intent of the law for world
peace Therefore, the determination of such rules is appropriate.
 II. Exams Preserving national interests by sea means the benefits
that the country should receive from the sea
Or in connection with the sea, including sea shores, islands, land or
underground seabeds; or the air over the sea which covers all activities
related to the use of the sea. that Thailand has made a memorandum of
understanding (MOU) between Thailand and Malaysia, 1979, stipulating the
establishment of a joint development area on the continental shelf. By this
agreement, there 50 years of age, but if no resolution can be reached on the
continental shelf divide between the two countries, this Agreement shall
remain in force. After the said period has expired. which from discussions
with the Ministry of Foreign Affairs There is an opinion that both The two
countries still have no intention of negotiating the demarcation of the border.
due to the natural resources in the area Joint development can continue to
exploit for a long time. (Law for the protection of national interests Marine 30
points) Answer the following questions. By considering and giving legal
reasons, consisting of
1. Explain the meaning of “continental shelf” and the definition of the
word “island” (5 points).
2. The Memorandum of Understanding (MOU) between Thailand and
Malaysia has its essence and objectives. of the agreement for what?
And Thailand can fish in the area or not and how? (10 points)
3. According to item 1 and item 2, because Losin Island is used as a
baseline point of Thailand
Analyze that after the specified period of 50 year, will it become a
problem or not, and how? along with guidelines
Laws related to the protection of national interests at sea.
1. Explain the meaning of “continental shelf” and the definition of
“island”.
1.1 The meaning of "island" in UNCLOS 1958 and UNCLOS 1982, where
the meaning is given.
- UNCLOS 1958 An island means an area that is always above water
even at high tide. which can be used
can be defined as a maritime territory
- UNCLOS 1982 An island means a natural area that is always above
water even during high tide. Must have living things and be able to live on
their own. Regardless of the size of the space. On the nautical chart, the area
that is always above water, even at high tide, is shown with yellow, whether
it's an island or a rock For areas above water only at low tide elevation is
shown in green. That is, it can only be seen at low tide. But when the tide is
high, it will not be visible, such as the area.
The meaning of “continental shelf”
- The continental shelf according to UNCLOS 1982 stipulates a
continental shelf that is weaker than UNCLOS. 1958 is the portion of land that
extends naturally (Natural Prolongation) to the outer edge of the continental
slope.
Or up to a distance of 200 nautical miles from the base line used to
measure the territorial sea. If the continental shelf does not reach (UN, 1982,
p. 53). The continental shelf is 200 nautical miles mandated to be consistent
with the EEZ distance which has a distance of 200 nautical miles as well or if a
coastal state with a continental shelf that is less than 200 nautical miles or is
economically disadvantaged
The physical continental shelf can not exceed 200 nautical miles, so the
continental shelf (sea floor and subsoil) No declaration is required since every
state can have a continental shelf by default within 200 nautical miles from
the baseline (the continental shelf is the portion of the seafloor and the
subsoil, excluding water masses; it must be imagined as a crust that the mass
of water is a part and the seafloor and the subsoil are another. but are
integrated together in the vertical section This layer of the seafloor and
subsoil is known as the continental shelf.)
2. The Memorandum of Understanding (MOU) between Thailand
and Malaysia contains the essence and objectives of the agreement. For
what and whether Thailand can fish in the area or not and how?
2.1 Objectives of the MOU to formulate an agreement on mutual
exploitation in overlapping areas by sea in the Gulf of Thailand (Continental
shelf area), caused by both Thailand and Malaysia declaring marine
boundaries of their own, thus resulting in overlapping marine areas
continental shelf.
2.2 Essence of the MOU Thailand and Malaysia have signed a
Memorandum of Understanding (MOU) regarding Establishment of a joint
organization to exploit the resources on the ground. under the sea in a defined
area of the continental shelf of Both countries in the Gulf of Thailand on
February 21, 1979 at Chiang Mai Province, which is the origin of the
development area.
Thai-Malaysia joint venture (Malaysia-Thailand Joint Development
Area: MT-JDA), in which the MOU is binding again 50 years (ends in 2029), the
essence of the MOU is as follows:
 2.2.1 Both countries mutually agree that there is a maritime overlapping
area arising from the declaration of maritime zone unilaterally,
acknowledging that as a result of overlapping claims on the continental shelf
of the two countries in the Gulf of Thailand
2.2.2 If Thailand and Malaysia wish to negotiate a future maritime
boundary according to the law and International practices must be negotiated
under UNCLOS 1958, which requires that all natural materials be Any land
that is always above water has the status of an island and can be referred to as
a maritime territory. (using Losin Island as a line direct base to determine the
maritime boundaries)
2.2.3 If Thailand and Malaysia are unable to reach a resolution on the
maritime overlapping area within Term of 50 years. This existing agreement
shall continue.
2.3 Can Thailand fish in the area or not and how?
- Taking into account the sovereign rights as defined in UNCLOS 1982,
coastal States have the right to survey and Exploitation over non-living
natural resources above and below the surface (excluding water mass),
including
There are specific living natural resources attached to it. Therefore, the
Thai state is unable to fish on the continental shelf where is an area
overlapping with Malaysia. But because Thailand has announced the exclusive
economic zone (EEZ). The width is 200 miles from the base line based on the
original agreement between Thailand and Malaysia. which happened before
UNCLOS 1982 (including the continental shelf overlap with Malaysia) as
an EEZ of Thailand to be The preservation of Thailand's sovereign rights over
water bodies, seabeds and subsurface soils sovereignty in the EEZ area of
Thailand, therefore, it is possible to fish in such overlapping areas. But be
careful of arrest of Malaysia that may refer to the overlapping area as their
own EEZ as well.

III. According to No. 1 and No. 2, because Koh Losin is used as a

baseline point of Thailand Analyze whether after the expiration of the
50-year period, will there be a problem or not and how? along with
guidelines for solving future problems
Answer: At the end of 50 years (2029), if Thailand and Malaysia are
unable to reach a resolution on the overlapping area maritime overlap, then
both countries shall proceed in accordance with the contents specified in this
MOU as stated in paragraph 2, Article 6 of the Memorandum of Understanding
states that “if a satisfactory solution cannot be reached on the issue of
continental shelf demarcation within the said fifty years period This existing
agreement shall continue to apply after the expiration of such period.”
Therefore, even though the Memorandum of Agreement will end the
obligations between Thailand and Malaysia in the year 2029 and make the
area MT-JDA expired as well. But if Thailand and Malaysia are unable to agree
on maritime boundaries in the area Such agreement will continue to be
effective. which will not have any impact on Thailand and its status The
maritime overlapping area between Thailand and Malaysia will remain the
same as the maritime overlapping area. Guidelines for solving future
problems
1. The two States will then continue to negotiate a solution to the
maritime boundary issue.
2. People should be educated on maritime boundaries and maritime
boundary problems It has been generally accepted that the status of Losin
Island as part of the baseline at region 4 is valid in all respects under the
United Nations Convention on the Law of the Sea, 1982.
3. The problem of overlapping marine areas between Thailand and
Malaysia When the Memorandum of Understanding about the area The joint
development between Thailand and Malaysia ended. Both countries have
established a way to resolve the issue peacefully.
IV subjects Laws related to military operations and security laws
1. Three security laws of Thailand are the Martial Law Act, B.E. 2457
(1914), Phra Royal Decree on Public Administration in Emergency Situations
B.E. 2548 and Security Act Within the Kingdom 2008 powers were given to
government officials. and have legal measures in such a way Affecting the
rights and liberties of the people or not? How? All three laws They all give
government officials certain powers to act unlawfully. Violating the rights and
liberties of the people, such as arrest, detention, search, seizure, attachment,
as the case may be according to the above laws. However, all three laws They
are all laws that have been reviewed by the legislature and enacted.
laws for the management to apply in various situations which when
there is an event that falls under the law already in force The management
will have to take some steps in order to continue to promulgate it.
2. Do you think that Thailand needs to have all 3 security laws or not?
Three laws Even though it is a law that affects the rights and liberties of the
people to some extent,
 Such laws will be in force. There must be some situation and some kind
of action taken by the commander administration for promulgation Having it
as a guarantee to the public that Management actions, even in The situation is
not normal. Management cannot act at will. but still have to proceed according
to the law The legislature has prepared which is a process of balancing and
checking the exercise of power according to the regime democracy
considering the situation that may arise and conditions for law enforcement.
Therefore, three copies are necessary for Thai society in the future.
3. How to prevent people in the area from having an attitude that the
state and government officials use their powers according to the law. How
does security restrict fundamental rights and freedoms and prevent
movement?
Laws are what the legislature has established. By any means that the
management or staff The State as an Administrative Mechanism What
authority do you have? will prescribe the power However, if the officer acts
Going beyond the powers given to him would be against the law itself. It
can be implied that government officials intending to prosecute Violators of
the law, on the other hand, on the other hand, aim to punish government
officials for violating the law. Scope of power provided by law which the
aforementioned If one party is law enforcement the other party is a party
subject to Attitudes towards the law are often different. But for people who
are not directly involved, the Government officials operate in accordance with
the legal framework. and public relations and give opportunities to the public
Examine the power mechanism. It will strengthen the credibility of
government officials and reduce the chances of Retaliation from the parties
and misunderstandings of those who are not interested
4. Propose a way to check and balance law enforcement. to make the
existence of the state and social order can coexist with people in society
according to the basic principles of the regime Democracy, where the
legislative branch makes laws management used It is a check and balance
system according to the regime democracy already But public security will be
even better. If there is an opportunity to check in the process. Practice of
government officials as administrative mechanisms whether to operate within
the scope of authority provided by law or not, which for transparency and
verifiable in the exercise of government officials' powers can be done with set
up a committee performance appraisal The said committee may have the
public sector as well. and if it is found that the officer acts Violation of the law
Serious punishment must be taken. There is no omission or discrimination
whatsoever. In addition to strengthening the audit authority. It also controls
officials to obey the law. On the one hand, the result will cause government
officials to strictly follow the scope of the law.