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Handbook of the International Law of Military Operations

Handbook of the International Law of Military Operations

Author: Terry Gill; Dieter Fleck
Publisher: Oxford University Press
ISBN: 9780199641215
Published In: August 2011
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Standard-setting best practice manual, offering authoritative guidance to those studying military operations
Clear presentation of the applicable rules, relevant case law, and state practice
Extensive discussion of compliance with and enforcement of the rules
Contributions by world-renowned experts in the field, many of whom served in armed forces' legal offices
The past decades have seen a remarkable development of military operations both within the United Nations collective security system and in other international settings. While traditional forms of military operations have been maintained and further developed, there have also been substantive developments, responding to new challenges for international security, the specific requirements of international and multinational cooperation, and legal regulation.

Treaty law, customary law, and best practice relevant for military operations derive from various branches of international law which have to be applied in context. Cooperation between States and International Organizations has brought about a progressive development of applicable rules, and a requirement for legal control both at the national and international level. At the same time, the correct application of legal rules and best practice has become one of the benchmarks for the assessment of military operations and failure to meet appropriate standards can have significant military and political, as well as legal, implications. This makes the identification and correct application of these rules of crucial importance in the planning and conduct of all types of military operations. The absence of an all-encompassing set of regulations and the need to find specific solutions for tasks characterized by an interdependence of efforts have made a reassessment of this important part of international law both a timely and topical task. Renowned international lawyers have joined together in this project to offer their insight in the relevant principles and provisions. They address important rules for enforcement, peace enforcement, and peace operations, as well as for other military operations conducted within the context of self-defence and other possible legal bases for the use of force.

Readership: Students and scholars of the law of armed conflict and military operations; legal officers in the armed forces, foreign offices and NGOs.

Part I General Issues
1: Terry Gill & Dieter Fleck: Concept and Sources of the International Law of Military Operations
2: William K. Lietzau & Joseph A. Rutigliano jr, I. Overview - The Transcendent Nature of Change II. Development of Jus ad Bellum and Jus in Bello - When and How Military Force is Used - and its Impact on the Practice of Operational Law 1. Jus ad Bellum 2. Jus in Bello III. Development of the Use of Legal Advisors: History and Development of the International Law of Military Operations
3: Nils Melzer: Conceptual Distinction and Overlaps Between Law Enforcement and the Conduct of Hostilities
4: Jann K. Kleffner Introductory Remarks: Human Rights and International Humanitarian Law: General Issues
Part II Military Operations within the Context of the UN Collective Security System
5: Enforcement and Peace Enforcement Operations
5.1: Terry D. Gill: Legal Characterization and Basis for Enforcement Operations and Peace Enforcement Operations under the Charter
5.2: Dieter Fleck: Status of Forces in Enforcement and Peace Enforcement Operations
5.3: Terry D. Gill: Legal Parameters for the Use of Force in the Context of the UN Collective Security System
5.4: Blaise Cathcart: Force Application in Enforcement and Peace Enforcement Operations
5.5: Charles H.B. Garraway: Applicability and Application of International Humanitarian Law to Enforcement and Peace Enforcement Operations
6: Peace Operations
6.1: Terry D. Gill: Characterization and Legal Basis for Peace Operations
6.2: Dieter Fleck: Status of Forces in Peace Operations
6.3: Terry D. Gill: Legal Parameters for the Use of Force within the Context of Peace Operations
6.4: Patrick C. Cammaert & Ben Klappe: Application of Force and Rules of Engagement in Peace Operations
6.5: Patrick C. Cammaert & Ben Klappe: Authority, Command and Control in United Nations-led Peace Operations
7: Eric P.J. Myjer & Nigel D. White: Peace Operations Conducted by Regional Organizations and Arrangements
Part III Military Operations within the Context of the Right of Self-Defence and Other Possible Legal Bases for the Use of Force
8: Terry D. Gill: Legal Basis of the Right of Self-Defence under the UN Charter and under customary International Law
9: Dieter Fleck: Status of Forces in Self-Defence Operations
10: Blaise Cathcart: Application of Force and Rules of Engagement in Self-Defence Operations
11: Charles H.B. Garraway: International Humanitarian Law in Self-Defence Operations
12: Terry D. Gill & Paul Ducheine: Rescue of Nationals
13: Terry D. Gill: Humanitarian Intervention
14: Terry D. Gill: Military Intervention at the Invitation of a Government
Part IV Capita Selecta of International Military Operational Law
15: Blaise Cathcart: Command and Control in Military Operations
16: Mike N.Schmitt: Targeting in Operational Law
17: Nils Melzer: Targeted Killings in Operational Law Perspective
18: Mike N. Schmitt: Air Law and Military Operations
19: Wolff Heintschel von Heinegg 19.1 The Area of Naval Operations and Navigational Rights 19.2 Warships and Other Platforms 19.3 General Principles of the Law of Naval Warfare 19.4 Specially Protected Enemy Vessels and Aircraft 19.5 Legitimate Military Targets at Sea 19.6 Methods and Means of Naval Warfare 19.7 Economic Warfare at Sea : The Law of Military Operations at Sea
20: Wolff Heintschel von Heinegg: Maritime Interception/Interdiction Operations
21: Blaise Cathcart 21.1 Legal Dimensions of Special Operations Forces 21.2 Legal Dimensions of Information Operations A. Basic Overview and Terminology of IO B. Jus Ad Bellum and Pre-conflict International Law C. UN Charter and Self-Defence D. Jus in Bello and use of Force E. Conclusion : Legal Dimensions of Special Forces and Information Operations
22: Hans F.R. Boddens Hosang: Force Protection, Unit Self-Defence, and Extended Self-Defence
23: Hans F.R. Boddens Hosang: Personal Self-Defense and its Relationship to Rules of Engagement
24: Tim McCormack & Bruce M. Oswald: The Maintenance of Law and Order in Military Operations
25: Jann K. Kleffner: Operational Detention and the Treatment of Detainees
26: Ben Klappe: Civil-Military Cooperation and Humanitarian Assistance
27: Terry D. Gill & Dieter Fleck: Private Contractors and Security Companies
28: Prevention and Repression of (Sexual) Violence, Exploitation, and Abuse in the Context of Peace Operations Ben Klappe
29: William J. Fenrick: The Prosecution of International Crimes in Relation to the Conduct of Military Operations
30: Boris Kondoch: The Responsibility of Peacekeepers, their Sending States, and International Organizations
Tony Rogers & Darren Stewart: The Role of the Military Legal Advisor
31: A.P.V. Rogers & Darren Stewart I. Commentary II.Some Practical Experience 1. The Pre-Deployment Phase 2. Deployment 3. Post-Deployment : The Role of the Military Legal Advisor
Dieter Fleck & Terry D. Gill: Conclusions
Annexes The Manual on International Law of Military Operations
Glossary of Terms
Index

Edited by Terry Gill, Professor of Military Law, University of Amsterdam & Netherlands Defence Academy; Associate Professor Public International Law, Utrecht University, and Dieter Fleck, formerly Director, International Agreements and Policy, Federal Ministry of Defence, Bonn; Honorary President, International Society for Military Law and the Law of War

Terry Gill: LLD cum laude (Utrecht) is Professor of Military Law at the University of Amsterdam and the Netherlands Defence Academy and Associate Professor of Public International Law at Utrecht University. He is a board member of the International Society of Military Law and the Law of War, member of the editorial boards of the Netherlands International Law Review, Journal of Conflict and Security Law, Journal of International Peacekeeping and the Militair Rechtelijk Tijdschrift (Military Law Review) and member of the Advisory Council on International Law to the Netherlands Ministry of Foreign Affairs. He is director of the Research Programme on the Law of Armed Conflict & Peace Operations of the Amsterdam Center for International Law and author of publications relating to the use of force, humanitarian law, military law and the International Court of Justice.

Dieter Fleck, Dr.iur. (Cologne), formerly Director International Agreements and Policy, Federal Ministry of Defence, Germany; Honorary President of the International Society for Military Law and the Law of War; former Chairman of the Committee on Arms Control and Disarmament Law of the International Law Association (ILA); Rapporteur of the new ILA-Committee on Nuclear Weapons, Non-proliferation and Contemporary International Law. Author of publications on the law of peace and security, international humanitarian law, and the law of visiting forces.

Contributors:

Hans Boddens Hosang
Patrick Cammaert
Blaise Cathcart
Paul Ducheine
William J. Fenrick
Charles Garraway
Wolff Heintschel v. Heinegg
Ben Klappe
Jann Kleffner
Boris Kondoch
William K. Lietzau
Tim McCormack
Nils Melzer
Eric Myjer
Bruce Oswald
Tony Rogers
Joseph A. Rutigliano
Mike Schmitt
Darren Stewart
Nigel White

"This book is likely to prove, over time, to be a well-thumbed book, of value to its intended readership. If it leads members of armed forces to realise that there is much more to training than doing so merely for an international armed conflict at the expense of other types of military operations, which are much more common, the book will have performed a valuable implementation function" - Peter Rowe, University of Lancaster .