Frederik Naert
It is with great sadness that this issue of the Review opens with an in
memoriam for and tributes to one of the great advocates of the law of
armed conflict: Frédéric de Mülinen. This issue is devoted to Frédéric,
who was also an Honorary President of the International Society of
Military Law and the Law of War.
The articles in this issue deal with the relationship between selfdefence
and rules of engagement (which is more complicated
than is often thought) and the debate between British military and
government lawyers on the legal status of defeated Nazi Germany.
The latter contribution has been included both for its intrinsic value
(the International Society for Military Law and the Law of War has
traditionally also devoted attention to the history of the law of war)
and for the interesting comparison which it offers with the claim that
we were/are dealing with a new situation after ‘9/11’.
The section on case-law and recent developments once again deals with
detention, in particular the UK House of Lords’ Al-Jedda decision on
detention by UK forces in Iraq and a judgment of the European Court
of Human Rights on detention in a military maritime counter-drug
operation (Medvedyev). Clearly, the applicability of human rights
to military operations, especially as regards detention, still requires
further clarification. This section also covers a German Constitutional
Court decision on the role of the German Parliament in relation to the
deployment of the armed forces.
To reflect the close link between this Review and the International
Society for Military Law and the Law of War, this issue contains the
programme and some texts of the Society’s 7th Seminar for Legal
Advisors to the Armed Forces on ‘Legal Advisors in Post-Conflict
Operations’, held in Windhoek, Namibia, in March 2008.