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Book Cover
E-book
Author Nauta, David

Title The International Responsibility of NATO and Its Personnel During Military Operations
Published Boston : BRILL, 2017

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Description 1 online resource (210 pages)
Series Legal Aspects of International Organizations Ser
Legal Aspects of International Organizations Ser
Contents Intro; The International Responsibility of NATO and Its Personnel during Military Operations; Copyright; Contents; List of Figures; List of Abbreviations; Table of Cases; 1 Introduction; 1.1 The Concept of International Responsibility; 1.2 Research Objective and Research Questions; 1.2.1 Research Objective; 1.2.2 Research Questions; 1.3 Methodology and Materials; 1.4 Object of Study; 1.5 Outline of the Study; 2 Three Illustrative Cases -- Facts and Questions; 2.1 Introduction; 2.2 Case 1: Human Trafficking and Forced Prostitution in Kosovo
2.2.1 Background, Legal Framework of the Operation and Command Relationships2.2.2 Status of Forces; 2.2.3 Background of the Incident; 2.2.4 Reaction by NATO, TCNS and / or Others; 2.3 Case 2: Detention Operations in ISAF; 2.3.1 Background, Legal Framework of the Operation and Command Relationships; 2.3.2 Status of Forces; 2.3.3 Background of the Incident; 2.3.4 Reaction by NATO, TCNS and / or Others; 2.4 Case 3: Kunduz Incident; 2.4.1 Background, Legal Framework of the Operation and Command Relationships; 2.4.2 Background of the Incident; 2.4.3 Reaction by NATO, TCNS and /or Others
3 Overview of the Key Moments in the Development of NATO3.1 Introduction; 3.2 NATO from 1949 until 1989; 3.3 NATO in the Period after the Cold War; 3.4 Conclusions; 4 Current Institutional Framework of NATO and NATO's Decision Making Process; 4.1 Introduction; 4.2 Current Institutional Framework of NATO; 4.2.1 Introduction; 4.2.2 The Civilian Structure; 4.2.3 The Military Structure; 4.3 The Relationship between NATO and Its Member States and the Decision-making Process; 4.3.1 Consensus-rule; 4.3.2 Planning Process of NATO Operations; 4.3.3 The Command and Control Relationship
4.4 The Relationship between NATO and the UN4.5 Conclusions; 5 The International Legal Personality of NATO; 5.1 Introduction; 5.2 Indicia of the Existence of International Legal Personality; 5.3 The International Legal Personality of NATO; 5.4 Jurisprudence of International Courts and Tribunals; 5.5 State Practice and Practice of International Organizations; 5.6 Conclusions; 6 Binding International Obligations Relevant to NATO's Operations; 6.1 Introduction; 6.2 International Obligations under NATO's Constitutional Documents; 6.3 International Obligations under the UN Charter
6.4 International Obligations under Conventional Law6.4.1 Conventional International Humanitarian Law and International Human Rights Law; 6.4.2 Mission-SOFAS between NATO and the Host State; 6.4.3 Memoranda of Understanding between NATO and TCNS; 6.5 International Obligations under Customary Law; 6.5.1 International Obligations under Customary IHL; 6.5.2 International Obligations under Customary IHRL; 6.6 Internal and External Rules of NATO; 6.7 Conclusions; 7 Attribution of Wrongful Acts to NATO; 7.1 Introduction; 7.2 Attribution of Wrongful Acts of Agents and Organs of NATO
Summary In 1999, the Alliance mistakenly bombed the Chinese embassy in Belgrade. Around the same period, allegations were made regarding its involvement in human trafficking and forced prostitution in Bosnia-Herzegovina. A decade later, NATO airplanes hit a fuel truck causing significant civilian casualties in Kunduz, Afghanistan. After more than 60 years of existence and a track-record of more than 30 missions performed worldwide, it is surprising that there is still uncertainty on the scope and content of NATO's responsibility for wrongful conduct during its military operations. This timely book deals with the international responsibility of NATO during military operations. It examines, the status of the Alliance, the existence of international obligations and conditions of attribution of conduct in NATO
Notes 7.3 Attribution of Conduct of Organs or Agents Placed at the Disposal of NATO
Print version record
Subject North Atlantic Treaty Organization.
North Atlantic Treaty Organization
Tort liability of international agencies.
Peacekeeping forces.
War damage compensation -- Law and legislation.
Peacekeeping forces
Tort liability of international agencies
War damage compensation -- Law and legislation
Form Electronic book
ISBN 9789004354647
9004354646