ISBN: 9780198842965 (Hardcover) Publicado: 13 March 2020 Páginas: 512
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 ofInternational Humanitarian Law.
Henning Lahmann Katja Schöberl Christian Schaller Michael Newton Hans Boddens Hosang Kenneth Watkin Gentian Zyberi Anna Andersson Hector Olasola Felipe Tenorio-Obando Sergio Andrés Díaz Antonio Varón Jacques Hartmann Andreas von Arnauld Yael Ronen Geoffrey Corn Tilmann Altwicker Pia Hesse Dieter Fleck Paulina Starski Onita Das Anna Petrig Aurel Sari Jochen Katze Maral Kashgar Hin-Yan Liu Robert Frau Andreas Müller