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Max Planck Encyclopedia of Public International Law [MPEPIL]

Legal Advisers in Armed Forces

Antje C Berger

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 February 2020

Subject(s):
Geneva Conventions 1949 — Armed conflict — Crimes against humanity — Genocide — Armed forces — Necessity — National liberation movements — Ius in bello — Armed attack

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Legal advisers in armed forces, under international law, constitute a special category of legal advisers who provide legal expertise to military commanders. While in general there is no legal obligation on States to employ or otherwise contract a legal adviser, an exception is made in Art. 82 Geneva Conventions Additional Protocol I (1977) (‘AP I’) with regard to legal advisers in armed forces. According to Art. 82 AP I [t]he High contracting parties at all times, and the Parties to the conflict in time of armed conflict, shall ensure that legal advisers are...
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