Military Operations and the Notion of Control Under International Law : Liber Amicorum Terry D. Gill
/ edited by Rogier Bartels ... [et al.]
- The Hague T.M.C. Asser Press by Springer-Verlag 2021
- xiii, 459p. : ill. ; 23cm
It includes Appendix Pages.
About this book:
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.
Table of contents (21 chapters):
Front Matter Pages i-xiii PDF Introduction: Terry Gill and the Relevance of the Various Notions of Control in Military Operations Under Public International Law Rogier Bartels, Jeroen C. van den Boogaard, Paul A. L. Ducheine, Eric Pouw, Joop Voetelink Pages 1-14 Ensuring Military Legal Expertise Within the Netherlands Armed Forces: A Brief History of the Chair for Military Law Gert Walgemoed Pages 15-33 ILMO: The ‘Flux Capacitor’ of Contemporary Military Operations Terry D. Gill Pages 35-45 Legal Challenges in Extraterritorial Military Operations Dieter Fleck Pages 47-58 Decision-Making and Parliamentary Control for International Military (Cyber) Operations by the Netherlands Armed Forces Paul A. L. Ducheine, Kraesten L. Arnold, Peter B. M. J. Pijpers Pages 59-81 Control and the Right to Self-Defence Against Non-State Actors Kinga Tibori-Szabó Pages 83-105 Relevance of Control in Status of Forces Agreements Joop Voetelink, Bas van Hoek Pages 107-131 Effective Command and Control in United Nations Peace Operations Ben Klappe, Jan Peter Spijk, Alfons Vanheusden Pages 133-160 In Control: Harnessing Aerial Destructive Force Frans P. B. Osinga, Mark P. Roorda Pages 161-193 Some Thoughts on the Role of the Notion of ‘Control’ in ‘Choosing’ the Paradigm of Hostilities or Law Enforcement as the Governing Framework for the Use of Force in Military Operations: Is There Any? Eric Pouw Pages 195-217 Controlling Migrants at Sea During Armed Conflict Martin D. Fink, Wolff Heintschel von Heinegg Pages 219-233 The Impact of Control Over Armed Forces on Conflict Classification in War Crimes Cases Rogier Bartels Pages 235-261 The Requirement of Effective Control in the Law of Occupation Marten Zwanenburg Pages 263-280 The Shaping of the Notion of ‘Control’ in the Law on International Responsibility by Certain International and Regional Courts Gentian Zyberi Pages 281-305 Responsibility of Organized Armed Groups Controlling Territory: Attributing Conduct to ISIS Katharine Fortin, Jann Kleffner Pages 307-328 The Control Requirement of Command Responsibility: New Insights and Lingering Questions Offered by the Bemba Appeals Chamber Case Harmen van der Wilt, Maria Nybondas Pages 329-347 The Importance of Arms Control Law Eric Myjer Pages 349-368 Control in Weapons Law William Boothby Pages 369-392 Control Through ROE in Military Operations: Autonomous Weapons and Cyber Operations as Reasons to Change the Classic ROE Concept? J. F. R. Boddens Hosang Pages 393-420
‘Autonomous’ Weapons and Human Control
Jeroen C. van den Boogaard, Mark P. Roorda
Pages 421-437 State Control Over the Use of Autonomous Weapon Systems: Risk Management and State Responsibility
Robin Geiß
Pages 439-450
9789462653979
War (International law); Combined operations (Military science); Intervention (International law); International criminal law; Aeronautics--Law and legislation; Constitutional law; Human rights; Humanitarian law