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Military Operations and the Notion of Control Under International Law - Liber Amicorum Terry D. Gill (Hardcover, 1st ed. 2021)
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Military Operations and the Notion of Control Under International Law - Liber Amicorum Terry D. Gill (Hardcover, 1st ed. 2021)
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This book is a tribute to the work of Professor Terry Gill, offered
to him by friends and colleagues who are also academics and/or
practitioners in the field of International Law of Military
Operations (ILMO). ILMO is a distinct sub-discipline within public
international law and domestic public law, covering all domains of
military operations: land, sea, air and (cyber)space. As such, ILMO
includes elements of other branches of public international law,
such as international humanitarian law, human rights law, the law
on the use of force, the law of the sea, the law of State
responsibility, arms control law and the law of international
organisations. Importantly, as a hybrid field of law, ILMO covers
the legal basis for military deployment both nationally and
internationally, as well as the subsequent international legal
regimes applicable to the forces (once deployed) and the domestic
administrative and constitutional issues related to the relevant
forces. Control is a central notion of ILMO and is the leading
theme of this book. The contributions in this book reflect the
variety of legal frameworks applicable to military operations and
offer an insightful view into the various legal and factual roles
of control. The legal notion of control is considered, inter alia,
in relation to restraints in the decision to deploy military forces
and the legal basis for doing so. The impact of control is also
discussed in relation to State and command responsibility and in
different situations, including during peace operations, occupation
and other situations of armed conflict. Additionally, control is
considered over the armed forces themselves, over detainees
migrants at sea and over the type or scale of force used in
military operations, through targeting rules or rules of
engagement. Furthermore, the book contains several discussions of
control in the case law of international courts, within arms
control law, weapons law and in the context of autonomous weapons
systems. The editors of the book are all practitioners,
academically affiliated to the Faculty of Military Sciences (War
Studies) of the Netherlands Defence Academy and/or the Law Faculty
of the University of Amsterdam.
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