Edited by Robin Geiß and Heike Krieger
ISBN: 9780198842965 (Hardcover)
Publicado: 13 March 2020
The ‘Legal Pluriverse’ Surrounding Multinational Military Operations conceptualizes and examines the “Pluriverse”: the multiplicity of rules that apply to and regulate contemporary multinational missions, and the array of actors involved. These operations are further complicated by changes to the classification of the conflict, and the asymmetry of obligations on participants.
Structured into five parts, this work seeks, through the diversity of its authorship, to set out the web of legal regimes applicable to military operations including forces from more than one state. It maps out the ways in which different regimes interact, beginning with the laws of armed conflict and their relation to international humanitarian and human rights norms, and extending through to areas like law of the sea and environmental law.
A variety of contributors systematically compile and take stock of the various legal regimes that make up the pluriverse, assessing how these rules interact, exposing norm conflicts, areas of legal uncertainty, or protective loopholes. In this way, they identify and evaluate approaches to better streamline the different applicable legal frameworks with a view to enhancing cooperation and thereby ensuring the long-term success of multinational military operations.
0. Introduction: The History of Contemporary Military Operations and Contemporary Legal Challenges, Robin Geiß, Heike Krieger, and Henning Lahmann
Part I: The Application and Interoperability of the Laws of Armed Conflict to Multinational Military Operations
1. Multinational Military Operations and the Geographical Scope of the Laws of Armed Conflict in Non-International Armed Conflict, Katja Schöberl
2. The Temporal Scope of the Laws of Armed Conflict in Multinational Military Operations, Christian Schaller
3. The Legal Interoperability of the Laws of Armed Conflict, Michael Newton
Part II: Laws of Armed Conflict and International Human Rights Law in the Context of Multinational Military Operations: A Matter of Perspective?
4. An Operational Perspective, Hans Boddens Bodang
5. A North American Perspective: The Overlap of the Laws of Armed Conflict and International Human Rights Law, Kenneth Watkin
6. A European Perspective on the International Human Rights and Humanitarian Law Relationship in the Context of Multinational Military Operations, Gentian Zyberi and Anna Andersson
Part III: Laws of Armed Conflict and International Human Rights Law in the Context of Multinational Military Operations: Law Enforcement, Detention, Hostilities, and Precautions in Attack as Relevant Cases in Point
7. Law Enforcement Activities in Peacekeeping and Multinational Military Operations: The Cases of Haiti and Afghanistan, Hector Olásolo, Felipe Tenorio-Obando, Sergio Andrés Díaz, and Antonio Varón
8. Detention in the Context of Multinational Military Operations, Jacques Hartmann
9. An Exercise in Defragmentation: The Grand Chamber Judgment in Hassan v UK, Andreas von Arnauld
10. International Human Rights Obligations in the Context of Extraterritorial Hostilities, Yaël Ronen
11. The Invaluable Civilian Risk Mitigation Contribution of Recognizing the Value of Precautionary Measures, Geoffrey Corn
12. European Partners in Multinational Military Operations – Extended Legal Restraints: The ECtHR’s Rights-based Conception of Precautions in and against the Effects of Attacks, Tilmann Altwicker
Part IV: The Role of Pertinent Subfields of Public International Law in Relation to Multinational Military Operations
13. UN Security Council Resolutions as a Legal Framework for Multinational Military Operations, Pia Hesse
14. The Coordinating and Steering Function of Status-of-Forces Agreements, Dieter Fleck
15. Accountability and Multinational Military Operations, Paulina Starski
16. Protecting the Environment During Multinational Military Operations, Onita Das
17. Multinational Military Operations at Sea, Anna Petrig
Part V: Complex Operational Environments: Diversity of Actors and Its Impact on the Legal Pluriverse Surrounding Multinational Military Operations
18. Receiving States, Sending States, and the Impact of Their Domestic Laws, Aurel Sari
19. Legal Challenges in Multinational Military Operations: The Role of National Caveats, Jochen Katze and Maral Kashgar
20. The Involvement of Private Security Companies in Multinational Military Operations, Hin-Yan Liu
21. Asymmetric Actors in Asymmetric Conflicts, Robert Frau
22. Human Rights Obligations of Armed Groups, Andreas Müller
Robin Geiß holds the Chair of International Law and Security at the University of Glasgow and is Co-Director of the Glasgow Centre for International Law and Security. A former Legal Adviser of the International Committee of the Red Cross (ICRC), Robin Geiß is also a faculty member of the Paris School of International Affairs (PSIA) at Sciences Po, Paris and editor of the Yearbook of International Humanitarian Law.
Heike Krieger is Professor of Public Law and International Law at Freie Universität Berlin and Max Planck Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. She is Co-Chair of the Berlin Potsdam Research Group on “The International Rule of Law – Rise or Decline?” and editor of the Yearbook of International Humanitarian Law.
Hans Boddens Hosang
Sergio Andrés Díaz
Andreas von Arnauld