Detention in the Context of Multinational Military Operations

2019 ◽  
pp. 163-178
Author(s):  
Jacques Hartmann
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
Legal Basis ◽  
Military Operations ◽  
Legal Challenges ◽  
Legal Constraints ◽  
Ongoing Project

The chapter zooms in on the specific issue of detention in the context of multinational military operations. The Serdar Mohammed case (UK), the Hassan case (ECtHR), as well as the ICRC’s ongoing project to strengthen the legal protections in relation to detention in times of non-international armed conflict, have unearthed various loopholes and legal challenges in the contemporary humanitarian legal framework. What is more, even when multinational military operations operate outside the context of an armed conflict, the legal basis and applicable legal constraints with regard to detention are often unclear. The ECtHR’s Medvedyev case as well as discussions in the context of the Copenhagen process on the handling of detainees in international military operations are relevant cases in point. It is against this background that the chapter analyses applicable legal bases, procedures and constraints with regard to detention in the context of multinational military operations.

scholarly journals Wired warfare 3.0: Protecting the civilian population during cyber operations

2019 ◽  
Vol 101 (910) ◽  
pp. 333-355
Author(s):  
Michael N. Schmitt
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Civilian Population ◽  
Degree Of Protection ◽  
Precise Degree

AbstractAs a general matter, international humanitarian law is up to the task of providing the legal framework for cyber operations during an armed conflict. However, two debates persist in this regard, the resolution of which will determine the precise degree of protection the civilian population will enjoy during cyber operations. The first revolves around the meaning of the term “attack” in various conduct of hostilities rules, while the second addresses the issue of whether data may be considered an object such that operations destroying or altering it are subject to the prohibition on attacking civilian objects and that their effects need be considered when considering proportionality and the taking of precautions in attack. Even if these debates were to be resolved, the civilian population would still face risks from the unique capabilities of cyber operations. This article proposes two policies that parties to a conflict should consider adopting in order to ameliorate such risks. They are both based on the premise that military operations must reflect a balance between military concerns and the interest of States in prevailing in the conflict.

Normative and Legal Challenges to un Peacekeeping Operations

2015 ◽  
Vol 19 (1-2) ◽  
pp. 1-31 ◽  
Author(s):  
Brendan Howe ◽  
Boris Kondoch ◽  
Otto Spijkers
Keyword(s):  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Peace Operations ◽  
Humanitarian Law ◽  
Military Operations ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
Normative Concepts ◽  
Legal Challenges

The application of law and norms in military operations is complex. This article provides an overview of legal and normative aspects in un peace operations. It will focus on key challenges to un peace operations. First, it will review un peacekeeping from the perspective of international law. After providing an overview of the legal framework of un peacekeeping and the application of human rights law, international humanitarian law, and international criminal law, the article turns to issues related to the accountability and immunity of un peacekeepers. The final section addresses normative concepts including the responsibility to protect, the protection of civilians, human security and their relevance in regard to un peacekeeping.

Legal Challenges in Multinational Military Operations

2019 ◽  
pp. 393-405
Author(s):  
Jochen Katze ◽  
Maral Kashgar
Keyword(s):  
Legal Framework ◽  
Military Operations ◽  
Political Issues ◽  
Legal Challenges ◽  
Legal Regimes ◽  
Domestic Law ◽  
Court Practice

In multinational military operations, diverging domestic law and political issues are often dealt with by national caveats by the troop-contributing nations. The chapter analyses the pertinent NATO doctrine and practice concerning caveats and the legal challenges caused by conflicting legal cultures and constitutional arrangements. The authors explain the legal framework for such caveats, show how important they are for securing compliance with troop-contributing states’ domestic law, analyse recent court practice, explain how such caveats have impeded multinational military operations by limiting the flexibility of the multinational commander in deploying the forces, and argue for more harmonization in regard to the applicable legal regimes of such operations.

Legal Aspects of EU Military Operations

2011 ◽  
Vol 15 (1-2) ◽  
pp. 218-242 ◽  
Author(s):  
Frederik Naert
Keyword(s):  
International Law ◽  
Crisis Management ◽  
Legal Framework ◽  
Legal Aspects ◽  
Eu Law ◽  
Military Operations ◽  
Legal Challenges ◽  
Defence Policy ◽  
Domestic Law ◽  
The Eu

This article provides a brief overview of the legal aspects of EU military crisis management operations, which, together with the EU’s civilian missions, are the main manifestation of the EU’s Security and Defence Policy. After the introduction (I), section II addresses the EU law aspects, section III covers the main international law aspects and section IV deals with domestic law aspects, including both the law of sending States and of the host State. Section V draws some conclusions and offers some reflections on the legal aspects of EU military operations and their role and importance. The author concludes that the EU has a well established legal framework for its military operations, which is soundly anchored in the EU Treaty, elaborated in practice and firmly based in and in compliance with international law. He also submits that the Lisbon Treaty reinforces this legal framework on several points and that the EU can rely on a number of mechanisms that should enable it to address most legal challenges that may arise.

scholarly journals The Single Digital Gateway Regulation as an Enabler and Constraint of Once-Only in Europe

2021 ◽  
pp. 83-103
Author(s):  
Hans Graux
Keyword(s):  
Legal Framework ◽  
Digital Evidence ◽  
Legal Basis ◽  
Member States ◽  
Direct Exchange ◽  
The Future ◽  
Legal Constraints ◽  
First Time

AbstractThe adoption of the Single Digital Gateway Regulation is a gamechanger in European e-government. For the first time, it creates a horizontal, non-sector specific legal framework for the direct exchange of digital evidence between public administrations in different Member States. However, these exchanges require public administrations to have a certain degree of trust in each other, which is built on a shared legal basis. The Single Digital Gateway Regulation achieves its goal of creating a legal basis and establishing trust, but also builds in a number of explicit and implicit legal constraints. These will help make the once-only principle in Europe a reality, but also enshrine limitations that will require revisions and expansions of the Regulation at some point in the future. This paper examines the genesis of the Regulation, its legal choices and priorities, the resulting implications and limitations, and potential challenges for the future.

Development of the Legal Framework for Regulating Relations for the Training and Retraining of Judges in the Soviet Period (1946–1991)

2020 ◽  
Vol 8 ◽  
pp. 39-47
Author(s):  
S. I. Pukhnarevich ◽  
Keyword(s):  
Professional Development ◽  
Soviet Union ◽  
Legal Framework ◽  
Judicial System ◽  
Soviet Period ◽  
Legal Basis ◽  
The Soviet Union

The article shows the formation of the legal basis for the formation, development and functioning of the system of training and retraining of judicial personnel in the country in the period from 1946 until the end of the USSR. The article also explores the forms and approaches to the organization of improving the quality of the staff of the judicial system. It was concluded that the Soviet Union has formed an ideologically oriented, strictly centralized Federal-Republican system of professional development of court employees.

The Impact of Emerging Technologies on the Law of Armed Conflict

2019 ◽  
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
Emerging Technologies ◽  
Legal Issues ◽  
Technological Advancement ◽  
Law Of Armed Conflict ◽  
Legal Challenges ◽  
Challenges And Opportunities ◽  
The Law ◽  
The Impact

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

The ‘Soul of an Army’: A Defence of Military Court Trials for Violations of the Law of Armed Conflict

2020 ◽  
pp. 1-33
Author(s):  
Conor Donohue
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Large Body ◽  
International Criminal Law ◽  
Service Members ◽  
Legal Basis ◽  
International Forum ◽  
Military Justice ◽  
Law Of Armed Conflict

Military justice as a body of law was subject to much criticism in the preceding decades before undergoing significant reforms to ensure that fair trial rights could be achieved. However, modern military justice systems are appropriate mechanisms for addressing law of armed conflict (LOAC) violations committed by service members. It is argued that the goals of military justice are consistent with LOAC, and that military justice has a valid legal basis to try violations. Such trials have a large body of precedent. The purported disadvantages of military trials are sufficiently mitigated to prevent cover-ups and unfair trials. Furthermore, military justice offers several benefits that cannot be achieved in a civilian or international forum. It is concluded that although military legal systems are imperfect, their role in the enforcement of international criminal law is worthy of further debate.

scholarly journals CONTESTED LEGITIMACY AND THE AMBIGUOUS RISE OF VESTRIES IN EARLY MODERN LONDON

2011 ◽  
Vol 54 (1) ◽  
pp. 25-45 ◽  
Author(s):  
J. F. MERRITT
Keyword(s):  
Early Modern ◽  
State Formation ◽  
Legal Framework ◽  
Royal Commission ◽  
The Political ◽  
Religious Authority ◽  
Multiple Sources ◽  
Legal Challenges ◽  
Early Modern London

ABSTRACTStudies of the rise of London's vestries in the period to 1640 have tended to discuss them in terms of the inexorable rise of oligarchy and state formation. This article re-examines the emergence of the vestries in several ways, moving beyond this traditional focus on oligarchy, and noting how London's vestries raised much broader issues concerning law, custom, and lay religious authority. The article reveals a notable contrast between the widespread influence and activities of London vestries and the questionable legal framework in which they operated. The political and ecclesiastical authorities – and in particular Archbishop Laud – are also shown to have had very mixed attitudes towards the legitimacy and desirability of powerful vestries. The apparently smooth and relentless spread of select vestries in the pre-war period is also shown to be illusory. The granting of vestry ‘faculties’ by the authorities ceased abruptly at the end of the 1620s, amid a series of serious legal challenges, on both local and ideological grounds, to the existence of vestries. Their rise had thus been seriously contested and stymied well before the upheavals of the 1640s, although opposition to them came from multiple sources – Laudians, Henry Spelman and the royal Commission on Fees, and local parishioners – whose objectives could vary.

scholarly journals Organizacyjne i personalne ramy „globalnej wojny z terroryzmem” w świetle orzecznictwa sądów amerykańskich

Poliarchia ◽  
2019 ◽  
Vol 5 (9) ◽  
pp. 51-95
Author(s):  
Dariusz Stolicki
Keyword(s):  
Use Of Force ◽  
The United States ◽  
Legal Framework ◽  
Federal Courts ◽  
Military Force ◽  
Islamic State ◽  
Military Operations ◽  
Global War On Terror ◽  
Global War ◽  
The Impact

The Organizational and Personal Framework of the “Global War on Terror” in the Light of the Decisions of the United States Courts The article analyses the law of military detention applicable to the ongoing conflict with Al‑Qaeda and associated forces, to the extent that that law emerges from the jurisprudence of U.S. federal courts, and particularly of the D.C. Circuit. It discusses four major issues: the types of organizations against which military force can be used in accordance with the Congressional authorization, the range of persons subject to military detention in connection with such use of force (in terms of both legal categories and factual predicates), the scope of the battlefield on which the use of force is authorized, and the extent to which American citizens or foreigners lawfully present in the U.S. territory enjoy special immunity from military detention. The article concludes that the impact of the D.C. Circuit decisions on those questions extends beyond the issue of military detention, and provides the general legal framework applicable to other military operations directed against terrorist organizations in the Middle East, such as target strikes or the campagin against the self‑styled Islamic State.

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