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The Handbook of the Law of Visiting Forces, 2nd Edition edited by Fleck, Dieter (12th April 2018)

Part II Commentaries to Typical Sofa Rules, 19 Arms

Jarin Nijhof

From: The Handbook of the Law of Visiting Forces (2nd Edition)

Edited By: Dieter Fleck

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 22 July 2019

Subject(s):
Military assistance — Weapons — Sovereignty — Military matters — Peace keeping

This chapter turns to the right to carry arms. The matter of whether foreign forces can carry weapons in the execution of their duties touches upon the core of State sovereignty. Governments have the monopoly of the legitimate use of physical force within their territory. On the other hand, the right to carry arms is essential to armed forces in order to successfully execute their mission. While the Receiving State can be deemed to have consented to such right when agreeing to a military force on its territory, matters such as the scope of the right to carry arms remain subject to agreement between the States. Force security aspects deserve some discussion as to the responsibilities of the Receiving State and Sending States. Also the legal limitations on the use of force require specific attention, as well as the rules of the Receiving State regarding the importation of arms.

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