Abstract
On the occasion of the 2016 Warsaw Summit, the North Atlantic Treaty Organization (NATO) Allied Nations endorsed the NATO Policy on the Protection of Civilians, which was developed with NATO Partners and in consultation with the United Nations and other international organisations. This Policy is further bolstered by Allies’ pledge to implement a concrete Action Plan, which will be reviewed regularly by the Council. The added value of the Policy does not lie in the novelty of any particular aspect of its content as such, rather, in its overarching and comprehensive character. Its guiding principles include that all NATO and NATO-led operations, missions and activities are conducted in accordance with applicable international law, which may include international humanitarian law (IHL) and international human rights law (IHRL). The Policy is not limited to either the law of armed conflict or times of peace alone: this promises to facilitate its application to peace-time activities as well, and leaves sufficient room for a context-sensitive approach. More so, it recognises that long-term, self-sustained peace, security and stability is best achieved in cooperation with, among other actors, civil society, such as relevant human rights organisations. This article seeks to describe this landmark achievement from a number of perspectives, focusing primarily on legal aspects relating to the Policy. It will review (i) its scope and extent in terms of operational aspects, (ii) possible measures, (iii) beneficiaries and context and, finally, (iv) several aspects pertaining to its human rights dimension that will continue to be integrated in NATO’s current and future operations, missions and activities, including the on-going Resolute Support Mission in Afghanistan.
Highlights
The North Atlantic Treaty Organization (NATO)’s mandate is anchored in collective self-defence, as first set forth in the North Atlantic Treaty of 1949 and as evolved over the years in response to different challenges
Its guiding principles include that all NATO and NATO-led operations, missions and activities are conducted in accordance with applicable international law, which may include international humanitarian law (IHL) and international human rights law (IHRL)
As an organisation committed to peace and security through collective selfdefence and the rule of law, NATO and its 29 Allies are fundamentally concerned with the application of international law, including rules pertaining to IHL and IHRL
Summary
The North Atlantic Treaty Organization (NATO)’s mandate is anchored in collective self-defence, as first set forth in the North Atlantic Treaty of 1949 and as evolved over the years in response to different challenges. As an organisation committed to peace and security through collective selfdefence and the rule of law, NATO and its 29 Allies are fundamentally concerned with the application of international law, including rules pertaining to IHL and IHRL This holds true for both the planning and conduct of all missions, operations and activities. The purpose of the present work is to look at how NATO implements aspects of the protection of civilians through the lens of this landmark Policy, with a focus on legal considerations related to the Policy, its scope and relevant IHRL provisions. Part IV proposes to highlight several aspects relating to IHRL in connection to PoC within the NATO framework and integrates several examples from NATO’s most recent mission in Afghanistan, namely Resolute Support Taken together, these four parts will hopefully serve in shaping a better, more complete understanding of NATO’s role in promoting respect for IHL and IHRL, within the Alliance itself, and beyond. The concluding part will highlight relevant challenges for the future
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