Roberta Arnold & Stanislas Horvat
FOREWORD
Dear reader,
You now have in your hands the Review 2014. As new director and new
editor-in-chief we would like to thank you for your continued loyalty
and support.
We are confident that throughout recent years you have taken note of
the efforts of the board of directors and the editorial board to make the
Military Law and the Law of War Review a high quality, multilingual
journal of international standing. Every submission is screened by
the editorial board and undergoes a double ‘peer review’ process by
specialists in the relevant field(s). The author is subsequently guided
through the editorial process leading up to the definitive version of the
article. A double edit is carried out before the final result is presented
to the discerning eye of the reader.
Dozens of volunteers are committed to completing this lengthy and
labour-intensive process in order to ensure the quality of each and every
volume. The process is very time-consuming, causing now and then
delays in the publication of the journal, however this time is required
to achieve the scientific standard you are entitled to expect.
The entire team of contributors is grateful for your sustained interest
in our work. Your subscription encourages us to carry on our efforts. It
is our hope that we may continue to count on your much-appreciated
trust in the future.
What will you discover in the Review 2014?
The crisis in East Ukraine and Crimea was one of the key world events
in 2014. We invited several authors to provide legal insights on this
issue. In the first part of this Review Peter Olson examines the legality
of Russia’s recourse to force in Crimea and takes a critical look at
the legal arguments that can be derived from declarations by Russian
officials. Mauro Mantovani and Daniel Rickenbacher describe the
main arguments of Russia on the one hand and the West on the other
hand to respectively justify and denounce the integration of Crimea in
Russia. Thomas Grant explores the demands made by groups in Crimea
for greater autonomy and unilateral secession from the Ukrainian
State. Michael Bothe, finally, addresses the status of Crimea and the
consequences thereof under international law, as well as the concomitant
rights and duties of its inhabitants and third States.
Courts-martial are another topic featured in this Review. Leslie Esbrook
considers the situation following military justice reforms in Turkey
over the past couple of years, taking stock of the adopted measures in
light of ideal standards of military justice. Nelson Atanga Ayamdoo
tackles procedural problems of appeals by military personnel before the
Ghanaian Supreme Court, after the Court’s judgment in the lieutenant
Oduro case, which reviewed an appellate procedure that had lasted for
over a decade.
The second part of the Review takes on yet another current subject, i.e.
military operations abroad. Camilla Guldahl Cooper’s piece deals with
the rules of engagement, their objectives, development and application
in practice. Zsuzsanna Deen-Racsmány critically analyses measures
taken by the UN to criminally prosecute personnel in peacekeeping
operations. Aurel Sari demonstrates that although the European Court of
Human Rights’ judgment in Jaloud v. Netherlands on the extraterritorial
application of the ECHR during military operations takes a positive step
with the introduction of the concept of “full command”, its expanded
notion of “control” is a cause for concern.
Turning once more to the case law of the European Court of Human
Rights, Bart van der Sloot discusses the extent to which Article 15
of the ECHR is invoked to claim a state of emergency and how this
concept is being interpreted in an increasingly broad fashion in the
fight against terrorism.
Following these articles, we would like to draw your attention to a
number of noteworthy publications. At the end of both volumes of the
Review you will find a description of each of these books.
We hope you have an enjoyable read!
Stanislas Horvat Director
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Roberta Arnold Editor-in-chief
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