Status of Forces: Criminal Jurisdiction over Military Personnel Abroad

Status of Forces: Criminal Jurisdiction over Military Personnel Abroad
Author: Joop Voetelink
Publisher: Springer
Total Pages: 271
Release: 2015-04-16
Genre: Law
ISBN: 9462650578

This book brings into focus the legal status of armed forced on foreign territory within, inter alia, the context of multi-national exercises and a variety of so-called crisis management operations. When it comes to criminal offences committed by military personnel while abroad it is important to know whether such offences fall under the criminal jurisdiction of the Sending State or that of the Host State. The book analyses this question from two different perspectives, namely traditional public international law and military operational law. Taking his readership through two hundred years of international practice the author arrives at the current practice of laying down the status of forces deployed abroad in so-called Status of Forces Agreements (SOFAs). Having looked at SOFAs from the two different law perspectives the author proposes the development of a “Status of Forces Compendium” to serve as a kind of guideline for future SOFAs. The author’s intention in proposing this idea is to instigate further discussion on the subject in public international law and criminal law circles and among armed forces’ legal advisors. Joop Voetelink is an Associate Professor of Military Law at the Netherlands Defence Academy.

Criminal Jurisdiction over Armed Forces Abroad

Criminal Jurisdiction over Armed Forces Abroad
Author: Rain Liivoja
Publisher: Cambridge University Press
Total Pages: 335
Release: 2017-09-28
Genre: Law
ISBN: 1107039509

This book studies the principles and practice of extending a country's criminal law to offences committed abroad by their armed forces personnel.

The Handbook of the Law of Visiting Forces

The Handbook of the Law of Visiting Forces
Author: Dieter Fleck
Publisher: Oxford University Press
Total Pages: 801
Release: 2018
Genre: History
ISBN: 0198808402

The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict, before offering conclusions on the current state of the law and its likely future development.

The Cambridge Handbook of Immunities and International Law

The Cambridge Handbook of Immunities and International Law
Author: Tom Ruys
Publisher: Cambridge University Press
Total Pages:
Release: 2019-04-30
Genre: Law
ISBN: 110828499X

Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.

The 'Legal Pluriverse' Surrounding Multinational Military Operations

The 'Legal Pluriverse' Surrounding Multinational Military Operations
Author: Robin Geiß
Publisher:
Total Pages: 513
Release: 2020
Genre: Law
ISBN: 0198842961

This book conceptualizes and examines theories of the 'Legal Pluriverse': the multiplicity of rules that regulate multinational missions and the diverse actors involved. The book sets out the various legal regimes, assesses how these rules interact, and exposes norm conflicts, areas of legal uncertainty, or ambiguous loopholes.

The Handbook of the Law of Visiting Forces

The Handbook of the Law of Visiting Forces
Author: Dieter Fleck
Publisher: Oxford University Press
Total Pages: 916
Release: 2018-04-12
Genre: Law
ISBN: 0192536427

The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict , before offering conclusions on the current state of the law and its likely future development.

Criminal Jurisdiction under the United States-Philippine Military Bases Agreement

Criminal Jurisdiction under the United States-Philippine Military Bases Agreement
Author: Joseph W. Dodd
Publisher: Springer
Total Pages: 159
Release: 2012-12-06
Genre: Law
ISBN: 9401505187

The peace time stationing for collective security purposes of large numbers of military personnel of one country in the territory of an other country constitutes one of the most significant developments of postwar international relations. The United States, for example, has stationed nearly one half of its active military forces in over seventy 1 countries since the Korean War broke out. Stambuk noted that al though the theories rationalizing this situation have changed, "the overseas bases and forces remain. "2 As a direct result of this stationing of large numbers of troops in foreign countries numerous bilateral and multilateral status of forces agreements have been put into force. One aspect of these agreements which has attracted considerable attention is the provisions dealing with the right to exercise criminal juris 3 diction. As might be expected, a host of jurisdictional problems has arisen concerning whether jurisdictional rights lie with the states sending or the states receiving military personnel, the accompanying civilian component, and their dependents. As Snee and Pye have pointed out: "For the first time in the modern era, the sometimes radically different systems of law of two sovereign nations are operating within the same territory and in respect to the same individuals. "4 Thus a situation has arisen in which the relationships between the military authorities of the 1 George Stambuk, American Military Forces Abroad (Columbus, Ohio: Ohio State Vni versity Press, 1963), pp. 3-4.

International Conflict and Security Law

International Conflict and Security Law
Author: Sergey Sayapin
Publisher: Springer Nature
Total Pages: 1488
Release: 2022-07-21
Genre: Law
ISBN: 9462655154

This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations. Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan. Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross. Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.

Extraterritorial Criminal Jurisdiction

Extraterritorial Criminal Jurisdiction
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, and International Law
Publisher:
Total Pages: 196
Release: 1977
Genre: Criminal jurisdiction
ISBN: