Pub Date : 2019-12-12DOI: 10.1093/oso/9780198842965.003.0018
Anna Petrig
Multinational military operations have extended to the sea. These operations mirror the changing maritime security landscape wherein transnational crime has become one of the most prominent security threats. With this, the traditional war-related role of navies has slowly but steadily been supplanted by a new function: policing the sea. This new role is more often than not carried out by navies working together, either as naval coalitions or as highly integrated naval forces of regional organizations. This chapter describes the ‘legal pluriverse’ in which such multinational military operations at sea take place. It first asserts that such operations are not ‘warfare lite’, but rather determined by peace time law. It then proceeds to take stock of the rules authorizing multinational forces and contributing states to enforce the law at sea. In a last step, the legal bases imposing strictures on the exercise of these enforcement powers are carved out. The chapter concludes that the legal framework governing enforcement jurisdiction at sea is arguably the epitome of a ‘legal pluriverse’, yet the powers are more clearly defined than the strictures attaching to their exercise.
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Pub Date : 2019-12-12DOI: 10.1093/oso/9780198842965.003.0019
A. Sari
The chapter explores the exercise of jurisdiction in the context of multinational military operations from the perspective of states that send their forces abroad and states that receive them within their territory. Sending states and receiving states may both claim to be competent under international law to regulate the conduct of military contingents in certain matters, based on the territorial principle and the organic jurisdiction principle, respectively. This overlap of competence may lead sending states and receiving states to exercise their authority in relation to the same subject matter. A number of principles, legal regimes, and instruments are available in international law to resolve the problems that this concurrent exercise of jurisdiction presents. The chapter reviews three of these: the reserved domain of domestic jurisdiction, the law of state and functional immunity, and status of forces agreements.
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Pub Date : 2019-12-12DOI: 10.1093/oso/9780198842965.003.0014
P. Hesse
The chapter examines UN Security Council resolutions as a legal framework for multinational military operations. The author argues that obligations that derive from Security Council mandates may put constraints on how force is used. However, she also underlines that the Security Council sometimes even takes decisions that deviate from IHL rules. Whereas in very few instances concerns were raised that the Security Council authorized military enforcement action that allowed going beyond what is permitted under IHL, most Council resolutions deviating from IHL have a narrowing rather than a broadening effect. Against the background that the national transformation acts that implement Security Council enforcement measures could be challenged before domestic courts, questions arise whether the safeguards included in relation to these concrete provisions are adequate to accommodate potential infringements of rights of individuals affected by the implementation act.
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