IHL in Peace Operations: The Perspective of NATO

Séance Plénière
The Perspective of NATO

Dr. Baldwin de Vidts

Excellencies, ladies and gentlemen, dear participants,

It’s a real honour to me and a privilege to address the Round Table concerning this topic which is an important issue for NATO. With regard to the responsibility to educate and train the military forces, participating in a NATO-led operation with regard to international humanitarian law, I’d like first of all to refer to the introductory remarks made by the NATO Secretary General, Ambassador Bisogniero, and in particular his observation about the role NATO nations have to play with regard to the education and the training of military forces. As a matter of principle, NATO-led operations will be conducted in full respect of international law including appropriate international humanitarian law and generally recognised human rights principles. NATO-led operations are conducted based on common rules and practices which govern such an operation and which are approved by the competent civil and military authorities within NATO under the global direction and control of the highest body within NATO which is North Atlantic Council.

Among those rules figure the application of international humanitarian law. Hence, whatever nation, NATO or non-NATO member state, that contributes forces to a NATO-led operation signs up to those common rules and must do at least the minimum common standard of applicable international humanitarian law. That minimum level is a result of the factual and the legal situation that not all NATO nations are parties to the same humanitarian law treaties. In practice this difference is, however, overcome since several main principles that lie behind the overall purpose of international humanitarian law are not contested: I recall the principle of military necessity, the need for distinction between combatants and non-combatants, proportionality, the principle of humanity, etcetera.

In addition, concerning that the military force required to operate and implement the NATO led operation results from the contribution of those states willing to contribute certain forces and military assets, it is within NATO that standing principle that each of the contributing nations is responsible for the education and training of its military personnel. The advantage of such a system is obvious: each nation is fully acquainted with its international legal obligations it has signed up to and is therefore obliged to take all the necessary measures for adequately informing and training their own military force. Therefore training and education in international humanitarian law is first and foremost the national obligation of the NATO member states.

Within NATO and in order to be properly prepared for a common operation and a unified NATO command and control that is comprised of the military forces of different states both NATO and non-NATO member states agree on the minimum standards of training in international humanitarian law. Not only to fulfill their legal obligations under international humanitarian legal instruments to which they are party, but also to ensure that the NATO-led operation can and will be conducted in accordance with IHL. In the NATO standing arrangements – and General Dahinden has already referred to the so called NATO standardization agreements – the following instructions and training principles are to be applied. First, all military personnel are to be trained regularly in IHL. In the event of a NATO-led operation, military forces made available to NATO should conduct such training prior to its participation in the operation.

With regard to that structure, before the non-NATO state can participate in a NATO-led operation under unified NATO command and control, participation and financial agreements must be concluded and also SACEUR – the Supreme Commander of Europe – has to certify and to offer a certificate that indeed these forces are able to take up the job.

One of the possible matters involving the application of international humanitarian law should be incorporated in military exercises. Although the basic knowledge of IHL should be common to all ranks within the military, higher knowledge is required for non-commissioned officers and officers in addition to such general basic level.

Since the overall object of training is to ensure in all circumstances an appropriate knowledge of and adherence to international humanitarian law, the training objectives under the standing NATO arrangements are: to provide all military personnel with a sufficient knowledge of IHL in order to enable them to apply IHL properly; to provide all military personnel with the appropriate training related to the implementation of IHL; ensure the simulation of conflict sits during exercises; to enable commanders to properly address and solve problems inherent to the application of IHL and make decisions accordingly; and finally to enable officers and commanders more precisely to take into account IHL limitations and precautions during the planning, the preparation, the conduct and the control of operations within the NATO framework.

Within the NATO context, several institutions exist which to a certain extent assist the NATO member states, but also partners, to provide and prepare for such training in IHL. Training courses at different levels are available at the NATO school at Oberammergau and at the NATO defence college in Rome. And, as it was mentioned during the opening ceremony, we are very pleased within NATO that an agreement was concluded – a memorandum of understanding – between the International Institute of Humanitarian Law in Sanremo and NATO school and we are hoping that a comparable agreement will also be signed with the NATO defence college. So, further, several training facilities established to better prepare the military from the NATO member states to participate in common NATO-led operations give also attention to all the different aspects of international humanitarian law, other treaties and also human rights law, and also in their respective training that is reflected. In addition and in order to conclude, NATO conducts a number of military exercises ranging from seminars to live exercises which incorporate concepts and issues involving the practical application of international humanitarian law.

Transcript done from audio recording by Amy Iberg - IIHL Genève.