J.F.R. Boddens Hosang
- Rules of engagement
- Rules on the use of force as linchpin for the international law of military operations
- Award date
- 8 February 2017
- Number of pages
- Document type
- PhD thesis
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
This study analyzes the role and function of the rules on the use of force for military operations in terms of the interaction between international and national law applicable to such operations and the actual conduct of the operations in question. In doing so, this study focused on examining whether the rules on the use of force could be considered a linchpin between the law, including the academic study of the law, and the actual conduct of military operations in practice.
Following an introduction to general concepts related to the rules on the use of force and the planning of military operations, the study analyzes the role of the rules on the use of force (ROE) in regards to the application of (the law of) self-defense, international humanitarian law, international human rights law and international and national criminal law in the context of military operations.
Based on the constituent chapters, the conclusion of this study re-examines the classical conceptual model of ROE and establishes that the actual interaction between the constituent elements and the conduct of operations requires a refinement of that model. In the new conceptual model presented in this study, the influences of the operational, political and legal element on ROE and the conduct of operations are shown in their proper perspective. The study shows that while the law affects the conduct of military operations directly, the ROE serve as a linchpin between the international law of military operations, including academic developments, and the conduct of military operations.
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