Status of Forces and Criminal Jurisdiction

This article examines the legal status of armed forces present in friendly foreign territory with a special focus on criminal jurisdiction. Traditionally, this issue has been considered from the perspective of public international law in which immunities play an important role. However, this perspective does not fully cover the criminal jurisdiction provisions in the international agreements dealing with the status of visiting forces (Status of Forces Agreements). This article introduces military operational law as an additional perspective to better understand this specific approach of Status of Forces Agreements

Developing an Adequate Internal Compliance Program for the Royal Netherlands Air Force Command

This chapter examines how an adequate Internal Compliance Program (ICP) for the Royal Netherlands Airforce (RNLAF) was developed. In order to create an adequate ICP, it is essential to determine which legal and other aspects should be incorporated in the ICP framework. To deduct these relevant aspects of the environment the RNLAF operates in, a Political, Economic, Social, Technological and Legal (PESTL) analysis is used. Furthermore, the different ICP frameworks are compared in order to make a combination of them to create the most adequate ICP for the RNLAF. We conclude that this should be a combination of mainly US ICP Frameworks as of the fact that theRNLAF is mostly US orientated. TheCOSO model as an internationally widely used best practice framework is the core. The combination of the PESTL analysis, the legal framework and the chosen ICP frameworks together result in an 11 pillars ICP, which we consider is the most adequate ICP for the RNLAF. Leading principle in combining all the aforementioned elements, is that the ICP has to be tailored to its organizations’ characteristics (e.g. nature of items, size of the organization, national, regional and global footprint).We understand that there is no one-size-fits-all approach, but one needs to design an ICP that specifically fits the given organizational structure, its size and daily operations

Responsibility of Organized Armed Groups Controlling Territory: Attributing Conduct to ISIS

In stark contrast to the situation for states, international organizations and individuals, there is no coherent international legal framework governing the responsibility of non-state organized armed groups that are parties to armed conflicts. The present chapter explores the possibility of developing such a framework for international law by focusing first on formulating a set of rules on attribution of conduct; and, second, using the Islamic State (IS) as a case study, to explore how some core rules of attribution could be applied to a specific type of organized armed group, namely those that—at least during a certain period of their existence—exercise territorial control

Responsibility of Organized Armed Groups Controlling Territory: Attributing Conduct to ISIS

In stark contrast to the situation for states, international organizations and individuals, there is no coherent international legal framework governing the responsibility of non-state organized armed groups that are parties to armed conflicts. The present chapter explores the possibility of developing such a framework for international law by focusing first on formulating a set of rules on attribution of conduct; and, second, using the Islamic State (IS) as a case study, to explore how some core rules of attribution could be applied to a specific type of organized armed group, namely those that—at least during a certain period of their existence—exercise territorial control

Input to EU-US Trade and Technology Council for Working Group 7 - Export Controls

To contribute to the laudable objectives regarding Export Controls the EU – US Trade and Technology Council has set, a multi-disciplinary network of independent experts from research institutes, think tanks, and policy advisory bodies, has joined forces and drafted the following priorities for action. A further elaboration of the actions recommended below will be performed by the members of this international network in the weeks and months to come, as Working Group 7 of the EU – US Trade and Technology Council will proceed in its work