ISBN : 9780198842965
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 Robin Geiss, Heike Krieger, and Henning Lahmann: Introduction: The History of Contemporary Military Operations and Contemporary Legal Challenges
Part I: The Application and Interoperability of the Laws of Armed Conflict to Multinational Military Operations
1 Katja Schoberl: Multinational Military Operations and the Geographical Scope of the Laws of Armed Conflict in Non-International Armed Conflict
2 Christian Schaller: The Temporal Scope of the Laws of Armed Conflict in Multinational Military Operations
3 Michael Newton: The Legal Interoperability of the Laws of Armed Conflict
Part II: Laws of Armed Conflict and International Human Rights Law in the Context of Multinational Military Operations: A Matter of Perspective?
4 Hans Boddens Bodang: An Operational Perspective
5 Kenneth Watkin: A North American Perspective: The Overlap of the Laws of Armed Conflict and International Human Rights Law
6 Gentian Zyberi and Anna Andersson: A European Perspective on the International Human Rights and Humanitarian Law Relationship in the Context of Multinational Military Operations
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 Hector Olasolo, Felipe Tenorio-Obando, Sergio Andres Diaz, and Antonio Varon: Law Enforcement Activities in Peacekeeping and Multinational Military Operations: The Cases of Haiti and Afghanistan
8 Jacques Hartmann: Detention in the Context of Multinational Military Operations
9 Andreas von Arnauld: An Exercise in Defragmentation: The Grand Chamber Judgment in Hassan v UK
10 Yael Ronen: International Human Rights Obligations in the Context of Extraterritorial Hostilities
11 Geoffrey Corn: The Invaluable Civilian Risk Mitigation Contribution of Recognizing the Value of Precautionary Measures
12 Tilmann Altwicker: European Partners in Multinational Military Operations - Extended Legal Restraints: The ECtHR's Rights-based Conception of Precautions in and against the Effects of Attacks
Part IV: The Role of Pertinent Subfields of Public International Law in Relation to Multinational Military Operations
13 Pia Hesse: UN Security Council Resolutions as a Legal Framework for Multinational Military Operations
14 Dieter Fleck: The Coordinating and Steering Function of Status-of-Forces Agreements
15 Paulina Starski: Accountability and Multinational Military Operations
16 Onita Das: Protecting the Environment During Multinational Military Operations
17 Anna Petrig: Multinational Military Operations at Sea
Part V: Complex Operational Environments: Diversity of Actors and Its Impact on the Legal Pluriverse Surrounding Multinational Military Operations
18 Aurel Sari: Receiving States, Sending States, and the Impact of Their Domestic Laws
19 Jochen Katze and Maral Kashgar: Legal Challenges in Multinational Military Operations: The Role of National Caveats
20 Hin-Yan Liu: The Involvement of Private Security Companies in Multinational Military Operations
21 Robert Frau: Asymmetric Actors in Asymmetric Conflicts
22 Andreas Muller: Human Rights Obligations of Armed Groups