The International Responsibility of NATO and its Personnel during Military Operations

Series:

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.
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Biographical Note

D.R.D. Nauta, Ph.D (1976), is a legal adviser in the North Atlantic Treaty Orgnization. He has published various articles on international law aspects of military operations.

Table of contents

List of Figures VI
List of Abbreviations
Table of cases
1 Introduction
 1.1 The Concept of International Responsibility
 1.2 Research Objective and Research Questions
 1.2.1Research Objective
 1.2.2Research 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
 2.2.1Background, Legal Framework of the Operation and Command Relationships
 2.2.2Status of Forces
 2.2.3Background of the Incident
 2.2.4Reaction by nato, tcns and / or Others
 2.3 Case 2: Detention Operations in ISAF
 2.3.1Background, Legal Framework of the Operation and Command Relationships
 2.3.2Status of Forces
 2.3.3Background of the Incident
 2.3.4Reaction by nato, tcns and / or Others
 2.4 Case 3: Kunduz Incident
 2.4.1Background, Legal Framework of the Operation and Command Relationships
 2.4.2Background of the Incident
 2.4.3Reaction by nato, tcns and /or Others

3 Overview of the Key Moments in the Development of NATO
 3.1 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
 4.2.1Introduction
 4.2.2The Civilian Structure
 4.2.3The Military Structure
 4.3 The Relationship between NATO and Its Member States and the Decision-making Process
 4.3.1Consensus-rule
 4.3.2Planning Process of nato Operations
 4.3.3The Command and Control Relationship
 4.4 The Relationship between NATO and the UN
 4.5 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 Law
 6.4.1Conventional International Humanitarian Law and International Human Rights Law
 6.4.2Mission-SOFAs between nato and the Host State
 6.4.3Memoranda of Understanding between nato and tcns
 6.5 International Obligations under Customary Law
 6.5.1International Obligations under Customary IHL
 6.5.2International 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
 7.3 Attribution of Conduct of Organs or Agents Placed at the Disposal of NATO
 7.4 Multiple Attribution of Wrongful Conduct in NATO -led Operations
 7.5 Conclusions

8 Conclusions and Recommendations
 8.1 Introduction
 8.2 Analysis of the Three Illustrative Cases
 8.2.1Human Trafficking and Forced Prostitution in Kosovo
 8.2.2Detention Operations in isaf
 8.2.3Kunduz Incident
 8.3 Final Conclusions
 8.4 Recommendations
Appendix
Index