The international responsibility of NATO and its personnel during military operations / by David Nauta.
2018
KZ5930 .N385 2018 (Map It)
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Details
Author
Title
The international responsibility of NATO and its personnel during military operations / by David Nauta.
Published
Leiden ; Boston : Brill Nijhoff, [2018]
Call Number
KZ5930 .N385 2018
ISBN
9789004354616 (hardback ; alk. paper)
9004354611 (hardback ; alk. paper)
9789004354647 (e-book)
9004354646
9789004354647
9004354611 (hardback ; alk. paper)
9789004354647 (e-book)
9004354646
9789004354647
Description
xvi, 194 pages ; 24 cm.
System Control No.
(OCoLC)1002127500
Summary
In 1999, the Alliance mistakenly bombed the Chinese embassy in Belgrade. Around the same period, allegations were made regarding its involvement in human trafficking and forced prostitution in Bosnia-Herzegovina. A decade later, NATO airplanes hit a fuel truck causing significant civilian casualties in Kunduz, Afghanistan. After more than 60 years of existence and a track-record of more than 30 missions performed worldwide, it is surprising that there is still uncertainty on the scope and content of NATO's responsibility for wrongful conduct during its military operations. This book deals with the international responsibility of NATO during military operations. It examines the status of the Alliance, the existence of international obligations and conditions of attribution of conduct in NATO.
Note
Based on the author's thesis (doctoral - Radboud Universiteit Nijmegen, 2016).
In 1999, the Alliance mistakenly bombed the Chinese embassy in Belgrade. Around the same period, allegations were made regarding its involvement in human trafficking and forced prostitution in Bosnia-Herzegovina. A decade later, NATO airplanes hit a fuel truck causing significant civilian casualties in Kunduz, Afghanistan. After more than 60 years of existence and a track-record of more than 30 missions performed worldwide, it is surprising that there is still uncertainty on the scope and content of NATO's responsibility for wrongful conduct during its military operations. This book deals with the international responsibility of NATO during military operations. It examines the status of the Alliance, the existence of international obligations and conditions of attribution of conduct in NATO.
In 1999, the Alliance mistakenly bombed the Chinese embassy in Belgrade. Around the same period, allegations were made regarding its involvement in human trafficking and forced prostitution in Bosnia-Herzegovina. A decade later, NATO airplanes hit a fuel truck causing significant civilian casualties in Kunduz, Afghanistan. After more than 60 years of existence and a track-record of more than 30 missions performed worldwide, it is surprising that there is still uncertainty on the scope and content of NATO's responsibility for wrongful conduct during its military operations. This book deals with the international responsibility of NATO during military operations. It examines the status of the Alliance, the existence of international obligations and conditions of attribution of conduct in NATO.
Bibliography, etc. Note
Includes bibliographical references (pages 187-192) and index.
Available in Other Form
Online version: Nauta, David, 1976- International responsibility of NATO and its personnel during military operations. Leiden ; Boston : Brill Nijhoff, 2018 9789004354647 (OCoLC)1002692965
Record Appears in
Table of Contents
List of Figures
vi
List of Abbreviations
ix
Table of Cases
xiii
1.
Introduction
1
1.1.
Concept of International Responsibility
4
1.2.
Research Objective and Research Questions
6
1.2.1.
Research Objective
6
1.2.2.
Research Questions
10
1.3.
Methodology and Materials
11
1.4.
Object of Study
14
1.5.
Outline of the Study
18
2.
Three Illustrative Cases --- Facts and Questions
20
2.1.
Introduction
20
2.2.
Case 1: Human Trafficking and Forced Prostitution in Kosovo
21
2.2.1.
Background, Legal Framework of the Operation and Command Relationships
21
2.2.2.
Status of Forces
24
2.2.3.
Background of the Incident
25
2.2.4.
Reaction by NATO, TCNS and / or Others
28
2.3.
Case 2: Detention Operations in ISAF
30
2.3.1.
Background Legal Framework of the Operation and Command Relationships
30
2.3.2.
Status of Forces
32
2.3.3.
Background of the Incident
32
2.3.4.
Reaction by NATO, TCNS and / or Others
36
2.4.
Case 3: Kunduz Incident
40
2.4.1.
Background, Legal Framework of the Operation and Command Relationships
40
2.4.2.
Background of the Incident
41
2.4.3.
Reaction by NATO, TCNS and / or Others
42
3.
Overview of the Key Moments in the Development of NATO
49
3.1.
Introduction
49
3.2.
NATO from 1949 until 1989
50
3.3.
NATO in the Period after the Cold War
54
3.4.
Conclusions
63
4.
Current Institutional Framework of NATO and NATO's Decision Making Process
65
4.1.
Introduction
65
4.2.
Current Institutional Framework of NATO
66
4.2.1.
Introduction
66
4.2.2.
Civilian Structure
66
4.2.3.
Military Structure
69
4.3.
Relationship between NATO and Its Member States and the Decision-making Process
72
4.3.1.
Consensus-rule
72
4.3.2.
Planning Process of NATO Operations
75
4.3.3.
Command and Control Relationship
77
4.4.
Relationship between NATO and the UN
79
4.5.
Conclusions
84
5.
International Legal Personality of NATO
86
5.1.
Introduction
86
5.2.
Indicia of the Existence of International Legal Personality
88
5.3.
International Legal Personality of NATO
93
5.4.
Jurisprudence of International Courts and Tribunals
99
5.5.
State Practice and Practice of International Organizations
101
5.6.
Conclusions
104
6.
Binding International Obligations Relevant to NATO's Operations
108
6.1.
Introduction
108
6.2.
International Obligations under NATO'S Constitutional Documents
109
6.3.
International Obligations under the UN Charter
113
6.4.
International Obligations under Conventional Law
118
6.4.1.
Conventional International Humanitarian Law and International Human Rights Law
118
6.4.2.
Mission-SOFAs between NATO and the Host State
120
6.4.3.
Memoranda of Understanding between NATO and TCNS
122
6.5.
International Obligations under Customary Law
124
6.5.1.
International Obligations under Customary IHL
125
6.5.2.
International Obligations under Customary IHRL
136
6.6.
Internal and External Rules of NATO
146
6.7.
Conclusions
147
7.
Attribution of Wrongful Acts to NATO
151
7.1.
Introduction
151
7.2.
Attribution of Wrongful Acts of Agents and Organs of NATO
152
7.3.
Attribution of Conduct of Organs or Agents Placed at the Disposal of NATO
156
7.4.
Multiple Attribution of Wrongful Conduct in NATO-led Operations
162
7.5.
Conclusions
165
8.
Conclusions and Recommendations
168
8.1.
Introduction
168
8.2.
Analysis of the Three Illustrative Cases
169
8.2.1.
Human Trafficking and Forced Prostitution in Kosovo
169
8.2.2.
Detention Operations in ISAF
171
8.2.3.
Kunduz Incident
173
8.3.
Final Conclusions
174
8.4.
Recommendations
178
Appendix
181
Bibliography
187
Index
193