Audio record of the event:

It is axiomatic that the criminal law of a state binds members of its armed forces both at home and abroad. Some states have sought to bring into the same framework civilians serving with or accompanying the armed forces (such as private contractors or dependants of service members). This has given rise to important constitutional debates about the limits of the competence of military courts to try civilians. However, present here is also an interesting question of international law. What precisely is the international law basis for extending national criminal law extraterritorially to acts of service members and associated civilians?

 

This presentation reviews the commonly accepted heads of criminal jurisdiction in international law with a view to seeing to what extent they account for military jurisdiction. It argues that such jurisdiction cannot be explained away by reference to prevailing international law doctrine for it has a unique rationale and scope of its own.

 

Rain Liivoja is a Research Fellow at the Centre of Excellence in Global Governance Research, Erik Castrén Institute of International Law and Human Rights, University of Helsinki, and a Visiting Lecturer at the Estonian National Defence College. In 2010, he is a Visiting Scholar at the Asia Pacific Centre for Military Law, Melbourne Law School.

 

To view the flyer for this event please see: Disciplining Soldiers, Spouses and Contractors