International Responsibility of NATO and its Personnel during Military Operations

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.

• List of Figures VIList of Abbreviations Table of cases 1Introduction 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 Questions2.1 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 Process4.1 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 Operations6.1 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 Recommendations8.1 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