The Handbook of the International Law of Military Operations

The Handbook of the International Law of Military Operations

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Overview

The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defence and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analysed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations.

The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.

Product Details

ISBN-13: 9780198813644
Publisher: Oxford University Press
Publication date: 09/13/2017
Edition description: Reprint
Pages: 816
Product dimensions: 9.30(w) x 6.10(h) x 1.70(d)

About the Author

Terry D. Gill, Professor Military Law, University of Amsterdam & Netherlands Defence Academy,Dieter Fleck, Former Director International Agreements & Policy, German Ministry of Defence; Honorary President, International Society for Military Law and the Law of War

Terry Gill is Professor of Military Law at the University of Amsterdam and the Netherlands Defence Academy. Previously, he was first Assistant and later Associate Professor of Public International Law at Utrecht University from 1985-2012, where he received his doctorate (cum laude) in 1989. He was a member of the expert group convened by the ICRC to provide guidelines on the notion of direct participation in hostilities and of the expert group which prepared the Tallinn Manual on Cyber Warfare. He is a member of the Advisory Council on Matters of Public International Law to the Dutch Government and Parliament and Editor in Chief of the Yearbook of International Humanitarian Law.

Dieter Fleck served as legal advisor in the Bundeswehr, the German Ministry of Defence and the Federal Chancellor's Office. He was a member of several expert groups convened by the ICRC and ended his active service as Director International Agreements & Policy of the Ministry of Defence. He is Honorary President, International Society for Military Law and the Law of War; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); and Rapporteur of the ILA Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law.

Table of Contents

Part I: General Issues
1. Concept and Sources of the International Law of Military Operations, Terry D. Gill and Dieter Fleck
2. History and Development of the International Law of Military Operations, William K. Lietzau and Joseph A. Rutigliano Jr
3. Human Rights and International Humanitarian Law: General Issues, Jann K. Kleffner
4. Conceptual Distinction and Overlaps Between Law Enforcement and the Conduct of Hostilities, Nils Melzer and Gloria Gaggioli Gasteyger
Part II: Military Operations within the Context of the UN Collective Security System
5. Enforcement and Peace Enforcement Operations
5.1. Legal Characterization and Basis for Enforcement Operations and Peace Enforcement Operations under the Charter, Terry D. Gill
5.2. Status of Forces in Enforcement and Peace Enforcement Operations, Dieter Fleck
5.3. Legal Parameters for the Use of Force in the Context of the UN Collective Security System, Terry D. Gill
5.4. Force Application in Enforcement and Peace Enforcement Operations, Blaise Cathcart
5.5. Applicability and Application of International Humanitarian Law to Enforcement, Peace Enforcement, and Peace Operations, Charles H.B. Garraway and Jann K. Kleffner
6. Peace Operations
6.1. Characterization and Legal Basis for Peace Operations, Terry D. Gill
6.2. Status of Forces in Peace Operations, Dieter Fleck
6.3. Legal Parameters for the Use of Force within the Context of Peace Operations, Terry D. Gill
6.4. Application of Force and Rules of Engagement in Peace Operations, Patrick C. Cammaert and Ben F. Klappe
6.5. Authority, Command, and Control in United Nations-led Peace Operations, Patrick C. Cammaert and Ben F. Klappe
7. Peace Operations Conducted by Regional Organizations and Arrangements, Eric P.J. Myjer and Nigel D. White
Part III: Military Operations within the Context of the Right of Self-Defence and Other Possible Legal Bases for the Use of Force
8. Legal Basis of the Right of Self-Defence Under the UN Charter and Under Customary International Law, Terry D. Gill
9. Status of Forces in Self-Defence Operations, Dieter Fleck
10. Application of Force and Rules of Engagement in Self-Defence Operations, Blaise Cathcart
11. International Humanitarian Law in Self-Defence Operations, Charles H.B. Garraway and Jann K. Kleffner
12. Rescue of Nationals, Terry D. Gill and Paul A. L. Ducheine
13. Humanitarian Intervention, Terry D. Gill
14. Military Intervention with the Consent or at the Invitation of a Government, Terry D. Gill
Part IV: Capita Selecta of International Military Operational Law
15. Command and Control in Military Operations, Blaise Cathcart
16. Targeting in Operational Law, Michael N. Schmitt
17. Targeted Killings in Operational Law Perspective, Nils Melzer
18. Weapons and Operational Law, William H. Boothby
19. Air Law and Military Operations, Michael N. Schmitt
20. The Law of Military Operations at Sea, Wolff Heintschel Von Heinegg
21. Maritime Interception/Interdiction Operations, Wolff Heintschel Von Heinegg and Martin D. Fink
22. Legal Dimensions of Special Operations and Information Operations, Blaise Cathcart
23. Military Cyber Operations, Paul Ducheine
24. Force Protection, Unit Self-Defence and Personal Self-Defence: Their Relationship to Rules of Engagement, Hans F.R. Boddens Hosang
25. The Maintenance of Law and Order in Military Operations, Timothy McCormack and Bruce M. Oswald
26. Operational Detention and the Treatment of Detainees, Jann K. Kleffner
27. Civil-Military Cooperation and Humanitarian Assistance, Ben F. Klappe
28. Private Contractors and Security Companies, Terry D. Gill and Dieter Fleck
29. The Prosecution of International Crimes in Relation to the Conduct of Military Operations, William J. Fenrick
30. International Responsibility and Military Operations, Boris Kondoch and Marten Zwanenburg
Part V: Synthesis and Conclusion
31. The Role of the Military Legal Advisor, A.P.V. Rogers and Darren Stewart
32. International Law for Military Operations: Conclusions and Persectives, Dieter Fleck and Terry D. Gill
The Manual on International Law of Military Operations
Glossary of Terms

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