Frederik Naert
2009 was another fruitful year for the study of military law and the
law of war. The International Society for Military Law and the Law
of War held its 3-yearly international congress in Tunis about Practice
and customary law in military operations, including peace support
operations. It was the Society’s first congress on the African continent
and thanks to the excellent reception and the very efficient work of the
Tunisian organizers it was a very successful and well attended event.
The texts of the congress will appear in 2010 in volume XVIII of the
Recueils de la Société internationale de Droit militaire et de Droit de
la Guerre.
In this Review, other topics are addressed. As usual, the contributions
in this issue cover a variety of areas of law.
The first article deals with counter-terrorism in the air. While it discusses
this challenge specifically as regards Germany, it will undoubtedly be
of interest to lawyers and policy-makers outside that country too. The
other two articles in this issue deal with criminal law and discipline:
one criticising Belgian legislative interventions in this field and
another addressing the role of military expertise in the prosecution of
international crimes.
Under case-law and recent developments, we could not ignore the
ICRC’s interpretive guidance on direct participation in hostilities and
offer you A.P.V. Rogers’ reflections by on the subject. We also have
a contribution on the Afghan/US case of Mohammad Jawad, written
by three persons who are or were assigned to the Office of Military
Commissions. From the European side, there is an annotation of the
European Court of Human Rights’ Ely Ould Dah v. France case on
prosecution abroad for acts of torture for which amnesty has been
granted in the country in which they were committed. We are also
pleased with a contribution on India’s new counter-terrorism laws.
Finally, as always, there is a series of book reviews and advertisements,
including a discount offered by Oxford University Press.