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Criminal Liability For Contemporary International Military (Crisis Management) Operations : Towards A Refined Adjudicatory Framework

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Chapter Summary

This chapter focuses on the question whether domestic military criminal law systems, i.e., the Dutch military criminal law system (DMCL), can accommodate international military developments and operations. lllustrative for these developments is the judgment of May 4, 2005, of the Military Appellate Court of the Netherlands in the case of Eric 0., a sergeant-major of the Royal Netherlands Marines Corps, who was charged with the alleged violation of the British rules of engagement (ROE) during the international stabilization operation in South-Iraq on December 27, 2003, and then acquitted. The importance of this case for the future of military criminal liability for international operations is twofold : firstly, this case reveals the relevance of the legal interaction between national and international criminal law; secondly, it may be of assistance in determining a more uniform model of judicial review to assess military criminal liability during international missions'.

Keywords: criminal liability; Dutch military criminal law system (DMCL); international crisis management operations; military developments



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