Control in Weapons Law

This chapter analyses the role that notions of control play in the field of weapons law. For this purpose, the chapter first explores what arms control treaties actually are and where this idea of control features in the treaties. Next, the focus is on th

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Military Operations and the Notion of Control Under International Law

Rogier Bartels Jeroen C. van den Boogaard Paul A. L. Ducheine Eric Pouw Joop Voetelink •







Editors

Military Operations and the Notion of Control Under International Law Liber Amicorum Terry D. Gill

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Editors Rogier Bartels Chambers (Trial Division) International Criminal Court The Hague, The Netherlands Faculty of Law University of Amsterdam Amsterdam, The Netherlands Paul A. L. Ducheine Netherlands Defence Academy Breda, The Netherlands

Jeroen C. van den Boogaard Netherlands Defence Academy Breda, The Netherlands Faculty of Law University of Amsterdam Amsterdam, The Netherlands Eric Pouw The Hague, The Netherlands

Faculty of Law University of Amsterdam Amsterdam, The Netherlands Joop Voetelink Netherlands Defence Academy Breda, The Netherlands

ISBN 978-94-6265-394-8 ISBN 978-94-6265-395-5 https://doi.org/10.1007/978-94-6265-395-5

(eBook)

Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg © T.M.C. ASSER PRESS and the authors 2021 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. This T.M.C. ASSER PRESS imprint is published by the registered company Springer-Verlag GmbH, DE part of Springer Nature. The registered company address is: Heidelberger Platz 3, 14197 Berlin, Germany

Foreword

Professor Gill worked in both institutions we represent, namely the Netherlands Defence Academy (NLDA) and the University of Amsterdam, until his retirement and transition to emeritus professor, respectively. Terry Gill played an important role for our institutions as the dual-hatted professor for Military Law. On 1 September 2001, Terry took up his chair at the University of Amsterdam. As of 2005, he combined this with the newly set-up chair for Military Law at the Netherlands Defence Academy, gradually reducing his tenure at his alma mater, Utrecht University, until he divided his time equally between our institutions. In the meantime, academic teaching and research in the field of military law burgeoned as the world caught fire. The 9/11 terrorist attacks triggered the United States to wage the so-called ‘Global War on Terror’. Besides being the first invocation of the collective self-defence mechanism pursuant to Article 5 of the NATO Treaty, Operation Enduring Freedom (the military operation against the