Book

State responsibility for the misconduct of partners in international military operations : general and specific rules of international law

Cornelius Wiesener and Astrid Kjeldgaard-Pedersen

Copenhagen : Djøf : The Centre for Military Studies, 2021

104 p. ; 24 cm

978-87-574-5204-4

English

Bibliography : p. 97-104

The aim of the present report is to provide Danish decision-makers with a comprehensive overview of the international legal framework underlying Denmark's participation in international military operations with various kinds of partners. Moreover, the report offers an update on the international debate regarding the most central issues of particular relevance to international lawyers working in the field. Part I of the report deals with the general international legal rules concerning state responsibility for wrongful conduct of partners in international military operations, whereas Part II addresses rules emanating from specialised regimes of international law that are relevant in the same scenarios. As a common feature, both Parts I and II centre on a number of specific examples of mission scenarios which either have been or may become relevant when Danish armed forces contribute to international military operations. Above all, the report exposes a highly complex and to some extent controversial international legal landscape governing state responsibility for the misconduct of military partners. Against the background of the identified challenges, the authors recommend that Danish forces further develop risk assessment procedures to be incorporated as a central part of their collaboration with partners. Moreover, as a corollary to such risk assessment procedures, it is necessary to adopt adequate procedures for mitigating measures that may be employed vis-à-vis specific partners, such as, for example, training in applicable legal standards under international humanitarian law and international human rights law.

• Full text