OUVRAGE : D. Nauta, The International Responsibility of NATO and its Personnel during Military Operations

David NAUTA

In 1999, the Alliance mistakenly bombed the Chinese embassy in Belgrade. Around the same period, allegations were made regarding its involvement in human trafficking and forced prostitution in Bosnia-Herzegovina. A decade later, NATO airplanes hit a fuel truck causing significant civilian casualties in Kunduz, Afghanistan.

After more than 60 years of existence and a track-record of more than 30 missions performed worldwide, it is surprising that there is still uncertainty on the scope and content of NATO’s responsibility for wrongful conduct during its military operations.

This timely book deals with the international responsibility of NATO during military operations. It examines, the status of the Alliance, the existence of international obligations and conditions of attribution of conduct in NATO.


TABLE OF CONTENTS

List of Figures
List of Abbreviations
Table of Cases

1. Introduction

1.1. The Concept of International Responsibility
1.2. Research Objective and Research Questions
1.3. Methodology and Materials
1.4. Object of Study
1.5. Outline of the Study

2. Three Illustrative Cases: Facts and Questions

2.1. Introduction
2.2. Case 1: Human Trafficking and Forced Prostitution in Kosovo
2.3. Case 2: Detention Operations in ISAF
2.4. Case 3: Kunduz Incident

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 Process

4.1. Introduction
4.2. Current Institutional Framework of NATO
4.3. The Relationship between NATO and Its Member States and the Decision-making Process
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 Operations

6.1. 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
6.5. International Obligations under Customary Law
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 Recommendations

8.1. Introduction
8.2. Analysis of the Three Illustrative Cases
8.3. Final Conclusions
8.4. Recommendations

Appendix
Index 

David NAUTA, The International Responsibility of NATO and its Personnel during Military Operations, Leiden, Brill/Nijhoff, 2018 (194 pp.)