Democratic Accountability and the Use of Force in International Law

By Charlotte Ku; Harold K. Jacobson | Go to book overview

5 The legal responsibility of military
personnel
Robert C. R. Siekmann
Introduction
States have worked for many years to develop systems to ensure that military personnel act responsibly and in accordance with humanitarian principles. This can be seen as an aspect of democratic accountability within national systems. Now that military forces are increasingly used under the auspices of international institutions, the international community must ensure that modalities are in place to ensure that such personnel meet the same standards.This chapter will deal with the responsibility of armed personnel in peace support operations conducted under the auspices of the UNand NATO. In recent years, the criminal responsibility of military (armed) personnel has arisen, particularly in connection with internal, intra-state operations, during which hostilities continue. Violations of international humanitarian law may occur between the parties concerned. There may also be cases of serious violations of the law committed by members of the peace support operations themselves. This contribution will deal with the rules that are applicable to the military in such situations. Some practical cases and situations will also be presented.The broader framework of criminal responsibility involves the following definitions:(1) Legal status is derived from the law that is applicable to personnel in military operations under international auspices, of which four aspects must be stressed.
(i) First, the law that military personnel have to respect, in principle, is the local law of the area of operations–namely, the national law of the receiving or host state.
(ii) Secondly, the law of the intergovernmental organization under the auspices of which the personnel operate is relevant. In the context of this contribution, UNlaw is of particular relevance. UNlaw can then be differentiated into general law, relevant for all operations or categories of operations, and law specifically laid down for the operation

-104-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Democratic Accountability and the Use of Force in International Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 440

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.