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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.
This book brings into focus the legal status of armed forced on
foreign territory within, inter alia, the context of multi-national
exercises and a variety of so-called crisis management operations.
When it comes to criminal offences committed by military personnel
while abroad it is important to know whether such offences fall
under the criminal jurisdiction of the Sending State or that of the
Host State. The book analyses this question from two different
perspectives, namely traditional public international law and
military operational law. Taking his readership through two hundred
years of international practice the author arrives at the current
practice of laying down the status of forces deployed abroad in
so-called Status of Forces Agreements (SOFAs). Having looked at
SOFAs from the two different law perspectives the author proposes
the development of a "Status of Forces Compendium" to serve as a
kind of guideline for future SOFAs. The author's intention in
proposing this idea is to instigate further discussion on the
subject in public international law and criminal law circles and
among armed forces' legal advisors. Joop Voetelink is an Associate
Professor of Military Law at the Netherlands Defence Academy.
This is open access volume of the NL ARMS offers an
interdisciplinary view on the domain of Compliance and Integrity in
International Military Trade (CIIMT), integrating defence
economics, international law, arms export control frameworks and
policies, information management, organizational sciences and
ethics. Although, in academia, and from an interdisciplinary
perspective, CIIMT constitutes a relatively novel research domain,
across private and public defence-related sectors, the subject
evokes high levels of attention and interest, instigating a need
for critical thinking, reflection and creativity to address ensuing
multi-faceted issues and problems. The Faculty of Military Sciences
at the Netherlands Defence Academy extends an in-house MSc
programme on CIIMT, which, by integrating practice-based and
scientific-based knowledge, aims to contribute to this need. The
MSc programme on CIIMT is concerned with exploring, analysing,
understanding, explaining, controlling and improving the military
dimension in international military trade. More particularly, CIIMT
studies managerial questions regarding strategic trade control of
military and dual-use goods and services. CIIMT ties in with the
Netherlands Defence Academy's vision on scientific education,
embedded in the reflective practitioners' paradigm uniting both
management and leadership skills needed to decide and operate in
high-tension and high-risk knowledge intensive environments. The
Faculty of Military Sciences uses the reflective practitioners'
paradigm to refer to critical thinking, reflection and Bildung that
characterize its thinking doers, the so-called Thinking Soldiers,
either at the academic Bachelor's or Master's level. In view of the
complexity of the international trade regarding military and
dual-use goods and services, the rapid evolvement of strategic
trade control and frameworks, and its importance to procurement
processes, defence organizations require innovative thinking doers,
who, based on an in-depth understanding, from an interdisciplinary
perspective can be expected to find - and take responsibility for -
creative solutions to problems. NL ARMS 2021 comprises, amongst
others, contributions from students and lecturers partaking in this
programme. All the editors are affiliated with the Faculty of
Military Sciences of the Netherlands Defence Academy in Breda, The
Netherlands.
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.
This is open access volume of the NL ARMS offers an
interdisciplinary view on the domain of Compliance and Integrity in
International Military Trade (CIIMT), integrating defence
economics, international law, arms export control frameworks and
policies, information management, organizational sciences and
ethics. Although, in academia, and from an interdisciplinary
perspective, CIIMT constitutes a relatively novel research domain,
across private and public defence-related sectors, the subject
evokes high levels of attention and interest, instigating a need
for critical thinking, reflection and creativity to address ensuing
multi-faceted issues and problems. The Faculty of Military Sciences
at the Netherlands Defence Academy extends an in-house MSc
programme on CIIMT, which, by integrating practice-based and
scientific-based knowledge, aims to contribute to this need. The
MSc programme on CIIMT is concerned with exploring, analysing,
understanding, explaining, controlling and improving the military
dimension in international military trade. More particularly, CIIMT
studies managerial questions regarding strategic trade control of
military and dual-use goods and services. CIIMT ties in with the
Netherlands Defence Academy's vision on scientific education,
embedded in the reflective practitioners' paradigm uniting both
management and leadership skills needed to decide and operate in
high-tension and high-risk knowledge intensive environments. The
Faculty of Military Sciences uses the reflective practitioners'
paradigm to refer to critical thinking, reflection and Bildung that
characterize its thinking doers, the so-called Thinking Soldiers,
either at the academic Bachelor's or Master's level. In view of the
complexity of the international trade regarding military and
dual-use goods and services, the rapid evolvement of strategic
trade control and frameworks, and its importance to procurement
processes, defence organizations require innovative thinking doers,
who, based on an in-depth understanding, from an interdisciplinary
perspective can be expected to find - and take responsibility for -
creative solutions to problems. NL ARMS 2021 comprises, amongst
others, contributions from students and lecturers partaking in this
programme. All the editors are affiliated with the Faculty of
Military Sciences of the Netherlands Defence Academy in Breda, The
Netherlands.
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