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NATO Rules of Engagement : On ROE, Self-Defence and the Use of Force During Armed Conflict.

By: Material type: TextTextSeries: International Humanitarian Law SeriesPublisher: Boston : BRILL, 2019Copyright date: ©2020Edition: 1st edDescription: 1 online resource (498 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9789004401686
Subject(s): Genre/Form: Additional physical formats: Print version:: NATO Rules of EngagementOnline resources:
Contents:
Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Acknowledgements -- Abbreviations -- Introduction -- Part 1 The Point of Departure: nato Rules of Engagement -- Chapter 2 Rules of Engagement: Introduction, Development and Use -- 2.1 Introduction -- 2.2 Analysing roe: Definition, Scope and Form, and Legal Status -- 2.2.1 Definitions, Scope and Form of Rules of Engagement -- 2.2.1.1 Multinational and National Approaches to roe -- 2.2.1.2 Scope of roe -- 2.2.1.3 Form of roe -- 2.2.1.4 Mission Accomplishment roe versus Self-Defence roe -- 2.2.1.5 Mission Specific roe versus Standing roe -- 2.2.1.6 Restrictive versus Permissive Approaches to roe -- 2.2.1.7 nato roe as the Sole Authority for the Use of Force or Other Provocative Acts -- 2.2.1.8 Peacetime Operations (and Operations Prior to the Commencement of an Armed Conflict) versus Armed Conflict Operations -- 2.2.1.9 Interpretation of nato roe for the Purposes of This Book -- 2.2.2 The Binding Force of nato roe -- 2.2.2.1 Obligations on the State -- 2.2.2.2 The Status of roe in National Law -- 2.3 The History of Mission-Specific Rules of Engagement -- 2.4 roe Development -- 2.4.1 Law, Politics and Operational Considerations -- 2.4.2 nato roe Drafting -- 2.5 roe as a Tool for Command and Control -- 2.6 Conclusions -- Chapter 3 'Use of Force' Categories in nato roe Doctrine -- 3.1 Introduction -- 3.2 The Use of Force in Self-Defence -- 3.3 The Use of Force in Response to an Attack or Imminent Attack by Opposing Forces -- 3.4 The Use of Force to Accomplish Designated Tasks -- 3.5 Attack in Response to Hostile Act and Hostile Intent as Defined by nato -- 3.5.1 Introduction -- 3.5.2 The nato Concepts of 'Hostile Act' and 'Hostile Intent' -- 3.5.2.1 MC 362/1 Definitions and Examples -- 3.5.2.2 Comments on the Definitions and Examples in MC 362/1.
3.5.3 Examples of 'Hostile Act' and 'Hostile Intent' -- 3.5.3.1 Introduction -- 3.5.3.2 Threshold of nato Hostile Intent and Hostile Act roe -- 3.5.3.2.1 Examples of Hostile Intent -- 3.5.3.2.2 Examples of Hostile Act -- 3.5.3.3 Factors Contributing towards the Determination of 'Hostile Act' and 'Hostile Intent' as Defined by nato -- 3.5.3.4 Concluding Remarks on the Examples of Application of the nato Hostile Act and Hostile Intent roe -- 3.6 Attack on Forces 'Declared Hostile' -- Part 2 "Otherwise Lawful Use of Force": the Law Regulating the Use of Force during Armed Conflict -- Chapter 4 Introduction: the Search for a Legal Basis -- 4.1 The Lotus Principle, Human Rights, and the Relevance of the Relationship between the Jus ad Bellum and Jus in Bello -- 4.2 The Right to Life and Prohibition on Arbitrary Deprivation of Life -- 4.2.1 Introduction -- 4.2.2 Prohibition on Arbitrary Deprivation of Life -- 4.2.3 Extraterritorial Application -- 4.2.4 Concluding Remarks -- 4.3 The Relationship between the Jus ad Bellum and the Jus in Bello: Related in Fact, but Not in Law -- 4.3.1 Introduction -- 4.3.2 Background -- 4.3.3 Reasons for Separation -- 4.3.4 Challenges to Separation: Conflationism -- 4.3.5 The Impact of the Jus ad Bellum on the Jus in Bello: a Balancing Act -- 4.3.6 Concluding Remarks -- 4.4 When Does What Apply? On Lex Specialis -- 4.5 Conclusion: Two Main Legal Bases for the Use of Force -- Chapter 5 The Law of Armed Conflict -- 5.1 Introduction -- 5.1.1 Fundamentals -- 5.1.2 Lawful Acts of War -- 5.1.3 Attack: the Use of Force in Offence or Defence -- 5.2 Who Is a Lawful Target -- 5.2.1 Introduction -- 5.2.2 Combatants -- 5.2.3 Civilians Taking Direct Participation in Hostilities (dph) -- 5.2.3.1 Background -- 5.2.3.2 Direct Participation in Hostilities -- 5.2.3.3 Beginning and End of Participation.
5.2.3.4 Continuous Loss of Protection: a Third Category for Organised Armed Groups? -- 5.3 What Does It Entail to Be a Lawful Target -- 5.3.1 Lawful to Attack and Detain -- 5.3.2 No Protection against the Effects of Hostilities -- 5.4 Identification of Lawful Targets: Precautions in Attack and the Issue of Doubt -- 5.4.1 General Rule on Precautions in Attack -- 5.4.2 Verification of the Target before and During an Attack -- 5.4.3 'Positive Identification' -- 5.5 Carrying Out Attacks -- Chapter 6 Self-Defence -- 6.1 Introduction -- 6.2 State Self-Defence -- 6.2.1 Treaty Law -- 6.2.2 Custom and Practice -- 6.2.3 Current Criteria for State Self-Defence -- 6.2.4 The Distinction between State and Personal Self-Defence in Practice -- 6.3 Personal Self-Defence -- 6.3.1 Personal Self-Defence in International Law: an Inherent Right? -- 6.3.1.1 Introduction -- 6.3.1.2 International Criminal Law -- 6.3.1.3 International Human Rights Law -- 6.3.1.4 Customary International Law and General Principles of International Law -- 6.3.1.5 The Existence and Relevance of an Inherent Right to Personal Self-Defence in International Law -- 6.3.2 Personal Self-Defence in Domestic Legislation -- 6.3.2.1 General Remarks -- 6.3.2.1.1 Applicable Law and Legal Requirements -- 6.3.2.1.2 Self-Defence as a Right -- 6.3.2.1.3 Self-Defence as a Duty -- 6.3.2.2 Military Forces as Individuals and State Agents -- 6.3.2.3 Examples of National Rules on Personal Self-Defence -- 6.3.2.3.1 Danish Law -- 6.3.2.3.2 Dutch Law -- 6.3.2.3.3 French Law -- 6.3.2.3.4 German Law -- 6.3.2.3.5 Norwegian Law -- 6.3.2.3.6 UK Law335 -- 6.3.2.3.7 U.S. Uniform Code of Military Justice and Rules for Courts-Martial -- 6.4 Conclusion -- Part 3 Operational 'Use of Force' Categories and Their Corresponding Legal Bases: What May Legally Be Authorised? -- Chapter 7 Introduction to Part 3.
Chapter 8 The Use of Force in Self-Defence during Armed Conflict: a Legal Analysis of the Various Concepts of Self-Defence -- 8.1 Overview -- 8.2 The Use of Force in Personal Self-Defence by Military Forces during Armed Conflict -- 8.2.1 Clarifications -- 8.2.2 Subjective Considerations -- 8.2.3 The Impact of the Requirement of Unlawful Act -- 8.2.3.1 'Lawful Acts of War' and the Authority to Use Force -- 8.2.3.2 Illegality of Initial Threat or Attack -- 8.2.4 When May Force Be Used? The Limitations Imposed by the Principles of Necessity and Imminence -- 8.2.4.1 Creating the Necessity: to Incite the Self-Defence Situation -- 8.2.4.2 Duty to Retreat? The Use of Lethal Force as a Last Resort -- 8.2.4.3 Imminence -- 8.2.5 Limitations on the Defensive Act: Proportionality -- 8.2.5.1 Introduction -- 8.2.5.2 Escalation of Force Procedures -- 8.2.5.3 The Least Destructive or Damaging Choice of Defence -- 8.2.5.4 The Limits of Proportionality -- 8.2.6 The Use of Otherwise Unlawful Means and Methods in Self-Defence -- 8.2.7 Self-Defence and Innocent Bystanders: Is 'Collateral Damage' Acceptable? -- 8.2.8 Protection of Others -- 8.2.9 Protection of Objects -- 8.2.10 Self-Defence and Limitations Imposed by Military Orders -- 8.2.10.1 Introduction -- 8.2.10.2 When May Self-Defence Lawfully Be Limited? -- 8.2.10.3 Restrictive Orders and Self-Defence -- 8.3 Operational Concepts of Self-Defence -- 8.3.1 Introduction -- 8.3.2 'Operational Self-Defence'183 -- 8.3.2.1 The Existence of an Operational Concept of Self-Defence -- 8.3.2.2 Distinguishing the Operational Concept of Self-Defence from the Legal Concept -- 8.3.2.3 The Relationship between the Operational and Legal Concepts of Self-Defence -- 8.3.3 'Unit Self-Defence' -- 8.3.4 'nato Self-Defence'? Self-Defence and 'Extended Self-Defence' as Defined in the MC 362/1.
8.3.5 'Force Protection' Distinguished from Self-Defence -- 8.4 Conclusions on the Relevance of Self-Defence as a Legal Basis for Use of Force during Armed Conflict Operations -- Chapter 9 The Use of Force by nato Forces in Response to Attacks or Imminent Attacks by Opposing Forces -- Chapter 10 When May Force Be Used to Accomplish Designated Tasks? -- Chapter 11 nato Hostile Intent and Hostile Act roe: Applicable Law and Its Consequences -- 11.1 'Hostile Act' and 'Hostile Intent' as Operationalisation of dph -- 11.2 nato Hostile Act and Hostile Intent roe and Customary Law -- 11.3 Conclusions on the Relationship between the nato Hostile Act and Hostile Intent roe and dph -- 11.4 'Attack' -- Chapter 12 The Use of Force in an Attack on Forces 'Declared Hostile' and Applicable Law -- 12.1 Forces 'Declared Hostile' -- 12.2 'Attack' and the Role of Targeting Procedures -- Part 4 Conclusions and Proposals -- Chapter 13 Conclusions and Proposals -- 13.1 nato roe and the Legal Basis for the Use of Force -- 13.1.1 General Comments -- 13.1.2 The Use of Force in Self-Defence during Armed Conflict -- 13.1.3 The Use of Force in Response to Attacks or Imminent Attacks by Opposing Forces -- 13.1.4 Use of Force to Achieve Designated Tasks -- 13.1.5 The Attack Series -- 13.1.5.1 The nato Hostile Act and Hostile Intent roe -- 13.1.5.2 Attack on Forces 'Declared Hostile' -- 13.2 The Need for a Holistic and Uniform Approach to roe -- 13.3 The Relationship between Self-Defence, loac and roe -- Bibliography -- International and Regional Treaties (Chronological Order) -- National Legislation -- Cases and Decision from International Courts and Tribunals -- Permanent Court of International Justice and International Court of Justice (Chronological Order) -- Permanent Court of Arbitration -- International Criminal Tribunal for the Former Yugoslavia (Chronological Order).
International Criminal Court (Chronological Order).
Summary: In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.
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Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Acknowledgements -- Abbreviations -- Introduction -- Part 1 The Point of Departure: nato Rules of Engagement -- Chapter 2 Rules of Engagement: Introduction, Development and Use -- 2.1 Introduction -- 2.2 Analysing roe: Definition, Scope and Form, and Legal Status -- 2.2.1 Definitions, Scope and Form of Rules of Engagement -- 2.2.1.1 Multinational and National Approaches to roe -- 2.2.1.2 Scope of roe -- 2.2.1.3 Form of roe -- 2.2.1.4 Mission Accomplishment roe versus Self-Defence roe -- 2.2.1.5 Mission Specific roe versus Standing roe -- 2.2.1.6 Restrictive versus Permissive Approaches to roe -- 2.2.1.7 nato roe as the Sole Authority for the Use of Force or Other Provocative Acts -- 2.2.1.8 Peacetime Operations (and Operations Prior to the Commencement of an Armed Conflict) versus Armed Conflict Operations -- 2.2.1.9 Interpretation of nato roe for the Purposes of This Book -- 2.2.2 The Binding Force of nato roe -- 2.2.2.1 Obligations on the State -- 2.2.2.2 The Status of roe in National Law -- 2.3 The History of Mission-Specific Rules of Engagement -- 2.4 roe Development -- 2.4.1 Law, Politics and Operational Considerations -- 2.4.2 nato roe Drafting -- 2.5 roe as a Tool for Command and Control -- 2.6 Conclusions -- Chapter 3 'Use of Force' Categories in nato roe Doctrine -- 3.1 Introduction -- 3.2 The Use of Force in Self-Defence -- 3.3 The Use of Force in Response to an Attack or Imminent Attack by Opposing Forces -- 3.4 The Use of Force to Accomplish Designated Tasks -- 3.5 Attack in Response to Hostile Act and Hostile Intent as Defined by nato -- 3.5.1 Introduction -- 3.5.2 The nato Concepts of 'Hostile Act' and 'Hostile Intent' -- 3.5.2.1 MC 362/1 Definitions and Examples -- 3.5.2.2 Comments on the Definitions and Examples in MC 362/1.

3.5.3 Examples of 'Hostile Act' and 'Hostile Intent' -- 3.5.3.1 Introduction -- 3.5.3.2 Threshold of nato Hostile Intent and Hostile Act roe -- 3.5.3.2.1 Examples of Hostile Intent -- 3.5.3.2.2 Examples of Hostile Act -- 3.5.3.3 Factors Contributing towards the Determination of 'Hostile Act' and 'Hostile Intent' as Defined by nato -- 3.5.3.4 Concluding Remarks on the Examples of Application of the nato Hostile Act and Hostile Intent roe -- 3.6 Attack on Forces 'Declared Hostile' -- Part 2 "Otherwise Lawful Use of Force": the Law Regulating the Use of Force during Armed Conflict -- Chapter 4 Introduction: the Search for a Legal Basis -- 4.1 The Lotus Principle, Human Rights, and the Relevance of the Relationship between the Jus ad Bellum and Jus in Bello -- 4.2 The Right to Life and Prohibition on Arbitrary Deprivation of Life -- 4.2.1 Introduction -- 4.2.2 Prohibition on Arbitrary Deprivation of Life -- 4.2.3 Extraterritorial Application -- 4.2.4 Concluding Remarks -- 4.3 The Relationship between the Jus ad Bellum and the Jus in Bello: Related in Fact, but Not in Law -- 4.3.1 Introduction -- 4.3.2 Background -- 4.3.3 Reasons for Separation -- 4.3.4 Challenges to Separation: Conflationism -- 4.3.5 The Impact of the Jus ad Bellum on the Jus in Bello: a Balancing Act -- 4.3.6 Concluding Remarks -- 4.4 When Does What Apply? On Lex Specialis -- 4.5 Conclusion: Two Main Legal Bases for the Use of Force -- Chapter 5 The Law of Armed Conflict -- 5.1 Introduction -- 5.1.1 Fundamentals -- 5.1.2 Lawful Acts of War -- 5.1.3 Attack: the Use of Force in Offence or Defence -- 5.2 Who Is a Lawful Target -- 5.2.1 Introduction -- 5.2.2 Combatants -- 5.2.3 Civilians Taking Direct Participation in Hostilities (dph) -- 5.2.3.1 Background -- 5.2.3.2 Direct Participation in Hostilities -- 5.2.3.3 Beginning and End of Participation.

5.2.3.4 Continuous Loss of Protection: a Third Category for Organised Armed Groups? -- 5.3 What Does It Entail to Be a Lawful Target -- 5.3.1 Lawful to Attack and Detain -- 5.3.2 No Protection against the Effects of Hostilities -- 5.4 Identification of Lawful Targets: Precautions in Attack and the Issue of Doubt -- 5.4.1 General Rule on Precautions in Attack -- 5.4.2 Verification of the Target before and During an Attack -- 5.4.3 'Positive Identification' -- 5.5 Carrying Out Attacks -- Chapter 6 Self-Defence -- 6.1 Introduction -- 6.2 State Self-Defence -- 6.2.1 Treaty Law -- 6.2.2 Custom and Practice -- 6.2.3 Current Criteria for State Self-Defence -- 6.2.4 The Distinction between State and Personal Self-Defence in Practice -- 6.3 Personal Self-Defence -- 6.3.1 Personal Self-Defence in International Law: an Inherent Right? -- 6.3.1.1 Introduction -- 6.3.1.2 International Criminal Law -- 6.3.1.3 International Human Rights Law -- 6.3.1.4 Customary International Law and General Principles of International Law -- 6.3.1.5 The Existence and Relevance of an Inherent Right to Personal Self-Defence in International Law -- 6.3.2 Personal Self-Defence in Domestic Legislation -- 6.3.2.1 General Remarks -- 6.3.2.1.1 Applicable Law and Legal Requirements -- 6.3.2.1.2 Self-Defence as a Right -- 6.3.2.1.3 Self-Defence as a Duty -- 6.3.2.2 Military Forces as Individuals and State Agents -- 6.3.2.3 Examples of National Rules on Personal Self-Defence -- 6.3.2.3.1 Danish Law -- 6.3.2.3.2 Dutch Law -- 6.3.2.3.3 French Law -- 6.3.2.3.4 German Law -- 6.3.2.3.5 Norwegian Law -- 6.3.2.3.6 UK Law335 -- 6.3.2.3.7 U.S. Uniform Code of Military Justice and Rules for Courts-Martial -- 6.4 Conclusion -- Part 3 Operational 'Use of Force' Categories and Their Corresponding Legal Bases: What May Legally Be Authorised? -- Chapter 7 Introduction to Part 3.

Chapter 8 The Use of Force in Self-Defence during Armed Conflict: a Legal Analysis of the Various Concepts of Self-Defence -- 8.1 Overview -- 8.2 The Use of Force in Personal Self-Defence by Military Forces during Armed Conflict -- 8.2.1 Clarifications -- 8.2.2 Subjective Considerations -- 8.2.3 The Impact of the Requirement of Unlawful Act -- 8.2.3.1 'Lawful Acts of War' and the Authority to Use Force -- 8.2.3.2 Illegality of Initial Threat or Attack -- 8.2.4 When May Force Be Used? The Limitations Imposed by the Principles of Necessity and Imminence -- 8.2.4.1 Creating the Necessity: to Incite the Self-Defence Situation -- 8.2.4.2 Duty to Retreat? The Use of Lethal Force as a Last Resort -- 8.2.4.3 Imminence -- 8.2.5 Limitations on the Defensive Act: Proportionality -- 8.2.5.1 Introduction -- 8.2.5.2 Escalation of Force Procedures -- 8.2.5.3 The Least Destructive or Damaging Choice of Defence -- 8.2.5.4 The Limits of Proportionality -- 8.2.6 The Use of Otherwise Unlawful Means and Methods in Self-Defence -- 8.2.7 Self-Defence and Innocent Bystanders: Is 'Collateral Damage' Acceptable? -- 8.2.8 Protection of Others -- 8.2.9 Protection of Objects -- 8.2.10 Self-Defence and Limitations Imposed by Military Orders -- 8.2.10.1 Introduction -- 8.2.10.2 When May Self-Defence Lawfully Be Limited? -- 8.2.10.3 Restrictive Orders and Self-Defence -- 8.3 Operational Concepts of Self-Defence -- 8.3.1 Introduction -- 8.3.2 'Operational Self-Defence'183 -- 8.3.2.1 The Existence of an Operational Concept of Self-Defence -- 8.3.2.2 Distinguishing the Operational Concept of Self-Defence from the Legal Concept -- 8.3.2.3 The Relationship between the Operational and Legal Concepts of Self-Defence -- 8.3.3 'Unit Self-Defence' -- 8.3.4 'nato Self-Defence'? Self-Defence and 'Extended Self-Defence' as Defined in the MC 362/1.

8.3.5 'Force Protection' Distinguished from Self-Defence -- 8.4 Conclusions on the Relevance of Self-Defence as a Legal Basis for Use of Force during Armed Conflict Operations -- Chapter 9 The Use of Force by nato Forces in Response to Attacks or Imminent Attacks by Opposing Forces -- Chapter 10 When May Force Be Used to Accomplish Designated Tasks? -- Chapter 11 nato Hostile Intent and Hostile Act roe: Applicable Law and Its Consequences -- 11.1 'Hostile Act' and 'Hostile Intent' as Operationalisation of dph -- 11.2 nato Hostile Act and Hostile Intent roe and Customary Law -- 11.3 Conclusions on the Relationship between the nato Hostile Act and Hostile Intent roe and dph -- 11.4 'Attack' -- Chapter 12 The Use of Force in an Attack on Forces 'Declared Hostile' and Applicable Law -- 12.1 Forces 'Declared Hostile' -- 12.2 'Attack' and the Role of Targeting Procedures -- Part 4 Conclusions and Proposals -- Chapter 13 Conclusions and Proposals -- 13.1 nato roe and the Legal Basis for the Use of Force -- 13.1.1 General Comments -- 13.1.2 The Use of Force in Self-Defence during Armed Conflict -- 13.1.3 The Use of Force in Response to Attacks or Imminent Attacks by Opposing Forces -- 13.1.4 Use of Force to Achieve Designated Tasks -- 13.1.5 The Attack Series -- 13.1.5.1 The nato Hostile Act and Hostile Intent roe -- 13.1.5.2 Attack on Forces 'Declared Hostile' -- 13.2 The Need for a Holistic and Uniform Approach to roe -- 13.3 The Relationship between Self-Defence, loac and roe -- Bibliography -- International and Regional Treaties (Chronological Order) -- National Legislation -- Cases and Decision from International Courts and Tribunals -- Permanent Court of International Justice and International Court of Justice (Chronological Order) -- Permanent Court of Arbitration -- International Criminal Tribunal for the Former Yugoslavia (Chronological Order).

International Criminal Court (Chronological Order).

In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.

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