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Denmark, Military Manual on International Law Relevant To Danish Ministry of Defence • Defence Command Denmark MILITARY MANUAL ON INTERNATIONAL LAW RELEVANT TO DANISH ARMED FORCES IN INTERNATIONAL OPERATIONS COLOPHON Military Manual on international law relevant to Danish armed forces in international operations Danish Ministry of Defence Defence Command Denmark Editor Head of Division Jes Rynkeby Knudsen Publication director General Peter Bartram Design & infografics Ferdio Printing Rosendahls Copy editing Fokus Kommunikation and WordZense Version date September 2016 ISBN 978-87-971162-0-3 ISBN digital version 978-87-971162-1-0 1st edition, 1st printing Print run The printed version of the Military Manual published in this edition was produced 500 copies on the basis of the 2010-2014 Defence Agreement in which the Parties to Agree- ment decided that Denmark, like many other States should have a military manual. Copy request The manual was produced by a task force established in 2012 under the auspices of [email protected] the joint Operations Staff at Defence Command Denmark. The task force answered to a select steering committee headed by the Chief of the Joint Operations Staff Revision proposal and with representatives from the staffs, the Danish Ministry of Defence, the Minis- Danish Defence Command, try of Justice, the Ministry of Foreign Affairs of Denmark, the Royal Danish Defence Joint Operations Staff, Legal Section FKO- College and the Office of the Military Prosecutor General. [email protected] © Defence Command Denmark, Holmens Kanal 9, 1060 København K All rights reserved. Pursuant to the Danish legislation on copyrights, all mechanical, electronic, photographic or other reproduction or copying of this publication or parts hereof are prohibited without prior written consent from the Defence Command Denmark or agreement with Copy-Dan. Without written consent from the Defence Command Denmark any other use is prohibited pursuant to Danish national legislation. The prohibition does not apply to short, loyal quotations/extracts for the purpose of review. The Danish Defence may use the publication or parts hereof without permission. Prefaces Foreword by the Danish Minister of Defence Over recent decades, the Danish armed forces tions over recent decades. have participated actively in international land, sea, and air operations. The question of Denmark’s The Manual will be a living document reflecting compliance with international law, including inter- dynamic developments, for instance, in case law national humanitarian law, has become part of the from the European Court of Human Rights as well daily business of the Danish Defence and is a sub- as practical experience the Danish Defence gar- ject of growing interest from political quarters as ners from deployment in highly diverse interna- well as from the general public at large. tional operations. Therefore, I am extremely pleased with the publi- Over the years, Denmark has deployed several mil- cation of this Manual – the first of its kind in Den- itary contingents that have taken on a variety of mark. The Manual is a result of the Danish Defence tasks under very different and often very difficult Agreement for the period 2010-2014 in which a conditions. The Manual will provide a legal frame- broad spectrum of political parties agreed that work for planning the participation of the Danish Denmark should have its own military manual Defence in international operations and, in par- with the aim of further strengthening the Danish ticular, for preparing operational orders tailored to Defence’s training in, and application of, inter- the specific international operation. national humanitarian law and the law of armed conflict. I would like to extend my sincere thanks and ap- preciation to the many people – both inside and This Manual provides the Danish Defence with a outside the Danish Defence and government de- comprehensive perspective for understanding partments involved – who have contributed to the their obligations under international law when extensive and thorough work on the Manual. Danish soldiers participate in international opera- tions. For instance, this might include such issues as the identification of military objectives, the use of force, and protective measures for the civilian population, the wounded and sick, and persons deprived of liberty. Moreover, the Manual includes many important lessons learned from the Danish armed forces’ participation in international opera- Peter Christensen 5 Foreword by the Chief of Defence, Denmark When the “Military Manual” project was approved The Manual will provide a platform for all training as part of the Danish Defence Agreement 2010- of military and civilian personnel of the Danish 2014, it was imperative for the finished product Defence in the rules of international law during that the Manual add value to the armed forces of international military operations. Since the Man- Denmark. I believe to a high degree that this has ual is very comprehensive, it is necessary to offer been accomplished. The Manual offers a broad follow-up training courses and supplementary spectrum of specific instructions and directions implementation tools such as an update of the that are useful for the conduct of military opera- soldier’s cards and other directives in the area. tions and, in the years ahead, will serve as an im- Therefore, I have allocated the necessary resourc- portant tool for my planning staffs, commanders, es to undertake this important task. and military legal advisers here in Denmark and in the missions. I would like to thank the many people who have contributed to this Manual, including the many It gives me great pleasure to note that the origin military personnel who devoted time to com- of this Manual may be traced to the findings from menting on draft chapters to ensure proper focus an in-depth study of the experience gained by on military use and relevance. the Danish Defence over the last 15-20 years, pro- viding the framework for handling in the future a wide array of difficult questions with which the Danish Defence has been preoccupied during that period. Peter Bartram 6 Preface by the Editor-in-Chief by JES RYNKEBY KNUDSEN EDITOR-IN-CHIEF OF PROJECT TEAM This Manual is the first Danish manual on interna- of international law, which have required the con- tional law applicable to Danish armed forces en- sultation of national and international specialists. gaged in international military operations. It has The contribution of these people deserves ac- been drawn up in cooperation with the units and knowledgement: Peter Vedel Kessing of the Dan- agencies of the Danish Defence, and it has been ish Institute for Human Rights, Andreas Laursen of written specifically for the units and agencies of the Danish Public Prosecutor for Serious Economic the Danish Defence. and International Crime, and Preben Søegaard Hansen of the Danish Red Cross. The project has During the slightly more than three years of the also been engaged in cooperation with a range of existence of the project team, I have enjoyed work- international experts in which regard I would like ing with four talented consultants in the team of to offer my special thanks to Professor Françoise people who have written the texts for the project Hampson and Professor Charles Garraway (both of steering group. They are the legal advisers Michae- the University of Essex) and to Dr. William Boothby la Grunth, Ulrik Graff, and Pedro Maria Leopold for their valuable input and inspiration. Watts Gauguin da Fonseca as well as Major Tom Elvius Brisson. Chapter 14 on naval operations was Pernille Steensbech Lemée of FOKUS Kommu- written by the military legal advisers Mathias Buch nikation has assisted in developing the project and Iben Yde, both of whom are affiliated with the dissemination concept and proofread the chap- Royal Danish Navy and, together, possess consid- ters as they were completed to ensure specifically erable international experience in the operations that the Manual is able to disseminate knowledge of the Navy. of international law in an easily comprehensible manner without compromising factual accuracy. I In putting together the project team, I made a also owe a special debt of gratitude to Birger and consistent effort to find an appropriate balance Jeppe Morgenstjerne of ferdio for having created between solid knowledge of international law and the infographics of the Manual. international military legal experience. According- ly, the project team overall brings practical experi- ence from Danish military deployments to Bosnia and Herzegovina, Albania, Iraq, Afghanistan, Libya, and anti-piracy operations off the Horn of Africa. The Manual addresses various difficult questions 7 Table of contents CHAPTER 1 Introduction 22 — 27 The international military operation 28 — 63 Battlefield and conflict status 1. Introduction 30 1.1 Chapter contents 1.2 Scope in relation to other chapters 2. Basis and mandate of deployment 31 2.1 Competence to deploy Danish forces under Danish law 2.2 Basis and mandate in international law CHAPTER 2 3. Armed conflict or not 41 3.1 Introduction 3.2 International and non-international armed conflicts (IACs and NIACs) 3.3 Duration of the armed conflict: commencement, suspension, and cessation 3.4 Status as a party to the conflict 3.5 Geographical scope of the conflict Overview of applicable international law in mission areas 64 — 141 1. Introduction 64 1.1 Chapter contents 1.2 Scope in relation to other chapters 2. Mapping of applicable international law in military operations 68 2.1 Introduction CHAPTER 3 2.2 International law in military deployments outside of armed conflict 2.3 International law during armed conflicts 3. General international law 70 3.1 Introduction 3.2 The UN Charter 3.3 Resolutions of the UN Security Council and General Assembly 3.4 Rules on State responsibility 3.5 Vienna Convention on the Law of Treaties 3.6 United Nations Convention on the Law of the Sea 3.7 Chicago Convention on International Civil Aviation 3.8 International Telecommunication Convention 3.9 Conventions for special protection, applicable both in peacetime and in armed conflict 3.10 Regulation of Computer Network Operations in international law 84 4.
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