Wednesday, 5 April 2017

New Publication: The Practice of Shared Responsibility in International Law

Professor Kleffner acted as co-editor of the international military operations cluster (chapters 23-30) of the publication 'The Practice of Shared Responsibility in International Law', published by Cambridge University Press. The book is edited by Professor André Nollkaemper and Dr. Ilias Plakokefalos. You can find out more about the publication at http://www.cambridge.org/se/academic/subjects/law/public-international-law/practice-shared-responsibility-international-law?format=HB&isbn=9781107107090
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Tallinn Manual 2.0 published

The second edition of the Tallinn Manual, entitled 'Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations' has been published by Cambridge University Press. The Manual has been prepared by an international group of experts at the invitation of the NATO Cooperative Cyber Defence Centre of Excellence. Professor Michael N. Schmitt of the US Naval War College and the University of Exeter acted as Director and General Editor. Professor Jann Kleffner contributed to the Manual and Dr. Heather Harrison Dinniss acted as one of the legal peer reviewers. You can learn more about Tallinn 2.0 and its launch at https://ccdcoe.org/tallinn-manual-20-international-law-applicable-cyber-operations-be-launched.html and at http://www.cambridge.org/se/academic/subjects/law/humanitarian-law/tallinn-manual-20-international-law-applicable-cyber-operations-2nd-edition?format=PB.
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Saturday, 1 April 2017

Third and Final Working Session Day of the Seminar

All good things must come to an end, and so has the XI Seminar for Legal Advisors of the Armed Forces.

On Friday, the final day went under the theme New Military Technologies and the Law. It was chared by Brigadier-General Professor Dr. Paul Ducheine (National Defence University; The Netherlands).
Brigadier-General Professor Dr. Paul Ducheine. Photo: Zarah Abrahamsson

First speaker of the day was Marika Ericson (lecturer and PhD candidate, Swedish Defence University; Sweden) on the topic of the Swedish experiences in regards of the interplay between domestic law and international law, and the institutional responsibilities.
Ms Ericson emphasized that the weakest point in cyber security is that technology is developed based on everything but security. Moreover, is cyberattacks a challange to the dichotomy of war and peace? Do we need a third paradigm?
Marika Ericson. Photo: Zarah Abrahamsson
Colonel Gary Corn (Staff Judge Advocate, US Cyber Command; USA) gave a presentation on Navigating Grey Zone Challenges in and through Cypberspace. COL Corn also pointed out the difficulty of categorizing a cyberattack as an armed attack or as an action in peace time. He emphasized that before taking countermeasures to a cyberattack, states have to analyze what authority it has, and that states need to have justification in interantional law in order to take action. He also stressed the necessity of defining whether the cyberattack breached any interanational laws or was lawful.
Colonel Gary Corn. Photo: Zarah Abrahamsson
The Seminar continued with a presentation from Dr. Heather Harrison Dinniss (Senior Lecturer in international law, Swedish Defence University; Sweden) on Human Enhancement Technologies: Solider 2.0 – Miliatry Human Enhancement & International Law. As Dr. Harrison Dinniss clarified, the human enhancement applies to the idea of Captain America rather than the Terminator, that is, not robots. She talked about three major developments in human enhancement: biochemical, cybernetics and prostheses. We are upgrading people. Giving them abilities what is beyond what is considered “normal”.
Dr. Heather Harrison Dinniss. Photo: Zarah Abrahamsson

Dr. Bill Boothby (Associate Fellow Geneva Centre for Security Policy, UK) spoke of autonomous weapons and some of the problems with the concept of "person in the loop" in regards of remotely polited aircrafts. The loop consists of two links: the uplink from the operator to the aircraft through which instructions are given; and the downlink from the aircraft to the centre giving information to the operator - who gives instructions to the aircraft.
Dr. Bill Boothby. Photo: Zarah Abrahamsson

The Seminar ended with a closing dinner.

/Zarah
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Thursday, 30 March 2017

Second Working Session Day of the Seminar

The Second Working Session Day of the XI Seminar for Legal Advisors of the Armed Forces focused on practical issues for Legal Advisors in military operations. It was chaired by Colonel Ben Klappe throughout the day, and he began by introducing Pontus Winther (lecturer and PhD candidate, Swedish Defence University, Sweden).

Mr Winther spoke about his research project, Legal Aspects of Influence Operations. He explained to the audience that he defines influence operations as "the use of information to influence individuals to certain behaviour". The purpose of the research project is to compare legal consequences in international law in armed conflict, occupation and military operations below the threshold of armed conflict.
 
Pontus Winther. Photo: Zarah Abrahamsson
Next speaker was Professor Dr. Marco Odello (Reader in Law and Director of International and External Engagement at Aberystwyth University, UK). The topic was human tafficking and peace operations, and Professor Odello talked about the legal aspects of two central legal documents in fighting human trafficking: Protocol to Prevent, Suppress and PunishTrafficking in Persons (also known as the Palermo Protocol), and the UN Convention against TransnationalOrganized Crime. Professor Odello emphasized that the Protocol must be interpreted in the light of the Convention. There are also possible links between trafficking human beings (THB) and sexual exploitation abuse (SEA), and we need to identify and recognize such links between these two crimes. 
Professor Dr. Marco Odello. Photo: Zarah Abrahamsson
Staff Brigadier Salem Jumaa Rasheed Al Kaabi (Director of the Military Justice Directorate, United Arab Emirates) gave a presentation on the development of the newly established military justice system in the United Arab Emirates.The vision was to realize a leading position on the level of contemporary military judicial systems that is transparant and accountable. One of the purposes of establishing the system was due to the difficulty of civil public prosecution handling crimes committed at military camps and units due to their confidentiality and privacy. Military prosecution members or the military judges have a better knowledge of military life.
Staff Brigadier Salem Jumaa Rasheed Al Kaabi. Photo: Zarah Abrahamsson
Arne Willy Dahl (Judge Advocate General, ret., and Honorary President of the International Society for Military Law and the Law of War, Norway) gave a speech on the development of the Oslo Manual. The first meeting was held in 2004 and the final expert meeting of group of experts will take place in June 2017. ISMLLW a session in Namibia 2008 where the not yet final HPCR Manual was presented for comments to the African region. The president and members of the ISMLLW participated in the project in their personal capacity. Members the Board to the Society are in the group of experts of the Oslo manual. This means that even though there no formal cooperation, but there are some overlaps.
Arne Willy Dahl. Photo: Zarah Abrahamsson
The Seminar continued with a speech by Ambassador Dr. Marie G. Jacobsson (LL.D., Principal Legal Advisor on International Law, Swedish Ministry for Foregin Affairs; Former Member of the United Nations Intenational Law Commission; and Special Rapporteur for the topic Protection of the environment in relation to armed conflict; Sweden). Dr. Jacobsson spoke in the capacity of former Special Rapporteur and gave a presentation on the development of awareness of the proction of the environment in relation to armed conflict. She also talked about the work of the ILC on the matter, and that the next step for the ILC is the adoption of the Commentaries to the Draft Principles of the topic Protection of the environment in relation to armed conflict. In 2018 there will be a debate in the 6th Committee, and product is estimated to be finalized 2019-2021.
Ambassador Dr. Marie G. Jacobsson. Photo: Zarah Abrahamsson
/Zarah
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Wednesday, 29 March 2017

The First Working Session Day of the Seminar

The first Working Session day of the seminar began with the Keynote speaker, mr Jan Salestrand, State Secretary at the Swedish Ministry for Defence.

The XI Seminar for Legal Advisors of the Armed Forces. Photo: Paulina Sundel/FHS

The Use of Force in Contemporary Military Operations

Professor Jann Kleffner (Director of the International Law Centre at the Swedish Defence Univeristy and host for the seminar) chaired the first Work Session on the theme the Use of force in Contemporary Military Operations.

General Michael W. Meier (Special Assistant for Law of War Matters, Office of the Judge Advocate General, International and Operational Law Deparment of the Army, USA), gave a presentation on the legal challenges when participating in a training and advisory mission.
General Michael W. Meier. Photo: Zarah Abrahamsson

Brigadier-General Darren Stewart (OBE, Head Operational Law, Army Headquarters, UK)
highlighted the issue of when does an actor become a party to the conflict, in particular UN Peacekeeping Operations, given that the actor responds to an armed attack and uses self-defence? For state actors, the requisits are that there has to be an armed attack directed at the state. Another state comes to the attacked state's aid on the request of the attacked state. The intervening (aiding) state will become a party to the armed conflict, and the legal implications will depend on the conduct of hostilities.

The question is: would a UN Peacekeeping Operation become a party to the conflict if using force in self-defence? How long can they use self-defence? To what extent?
Brigadier-General Darren Stewart. Photo: Zarah Abrahamsson

Gender and Military Operations

The second part of the first Work Session day focused on Gender and Military Operaitons. It was charied by Cecilia Tengroth (Legal Advisor at the Swedish Red Cross). Ms Tengroth emphasized that a gender perspective strengthens international peace and security. Ms Tengroth also presented the report "IHL and Gender - Swedish Experiences" published by the Swedish Red Cross and the Swedish Ministry for Foreign Affairs.
Cecilia Tengroth. Photo: Zarah Abrahamsson

Sally Longworth (PhD candidate at Stockholm University, Sweden) spoke about legal framework relating to gender and gender implactions of implementing law applicable in military operations. Ms Longworth stressed that if we do not understand how the conflict is affecting women and men differently, then we will not know how to best respond to the issues arising from the different ways the conflict affects people. Consequently, we will not fully understand what the implications of the legal framework will gender-related issues in armed conflicts are not taken into consideration.
Sally Longworth. Photo: Zarah Abrahamsson

Lieutenant Colonel John Moore (Legal Adviser/Gender Adviser at NATO Joint Warfare Center in Stavanger, Norway) presented how the gender perspective is integrated into NATO's operations in recent conflicts.

"We do not only talk the talk," LTC Moore said, "we also walk the walk."

One important document in this progress is Joint Headquarters Standard Operating Procedure 106 Functions in JFC & JTF Headquarters.

Furthermore, NATO Secretary General's has appointed a Special Representative for Women, Peace and Security and the chair is currentl held by Marriët Schuurman.
Lieutenant Colonel John Moore. Photo: Zarah Abrahamsson

The Seminar Director, Colonel Ben Klappe (Senior Military adviser at the Office of the Special Coordinator on improving UN response to sexual exploitation and abuse, UNHQ) completed the trio of panelists. COL Klappe, from the Netherlands, spoke of the work of the UN to combat sexual exploitation in peacekeeping missions.
Colonel Ben Klappe. Photo: Zarah Abrahamsson
The participants of the Seminar were then divided into groups and discussed issues on the matter. The groups then presented their conclusions to the rest of the participants followed by a discusison.

The Session President ended the first Working Session Day.

/Zarah
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Tuesday, 28 March 2017

The XI International Seminar for Legal Advisors for the Armed Forces opened today

Today, the XIth International Seminar for Legal Advisors for the Armed Forces opened, and more than 100 participants joined the Seminar hosted by the International Law Centre and the International Society for Military Law and the Law of War.

We are honored to have participants attending from more than 20 states, and we look forward to an interesting and inspiring week.

/Zarah


Mr Hans Vranken and Mr. Luc De Coninck from
the International Society for Military Law and the Law of War
 at the registration with 1st Lieutenant Waleed Al-Aleed from the United Arab Emirates. Photo: Zarah Abrahamsson
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Monday, 27 March 2017

International Law Centre/Folkrättscentrum will change name April 1


Swedish Defence University has decided to change the name of International Law Center/Folkrättscentrum to Centre for International and Operational Law and Centrum för Operativ Juridik och Folkrätt. This change will take place April 1.
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