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Security and Peacekeeping Forces

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International Privileges and Immunities
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Abstract

Security and peacekeeping forces, is used in this chapter, generically to encompass the personnel of the mutual security organizations,1 United Nations expeditionary forces2 and United Nations peacekeeping and observation forces.3 The North Atlantic Treaty Organization unfolds in greater detail in the discussion of the mutual security institutions because it alone has de-developed a sophisticated permanent structure and has produced adequate materials to permit the researcher to arrive at concrete conclusions.

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References

  1. United Nations combat, combat support and logistical support forces deployed in the Korean conflict, 1950–1954.

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  2. In a series of United States Supreme Court decisions, the extra-territorial jurisdiction of the United States Military Tribunals was terminated in respect of dependents and civilians accompanying armed forces. (Reed v. Covert, 354 u.s. 1 (1957]; Kinsella v. Singleton; Gresham v. Hagen; McElroy v. Gaularido, 361 u.s. 234, 278 and 281 [1960].) In cases where dependents and civilian personnel can not be prosecuted by the United States in extra-territorial courts, and when the receiving state waives jurisdiction, the offender can be administratively reprimanded or repatriated, but can not be tried or legally punished for the offense.

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  3. A u.s. Congress, Senate, The Warsaw Pact, its Role in Soviet Bloc Affairs, a study submitted by the Subcommittee on National Security and International Operations, Pursuant to S. Res. 181, 89th Cong., to the Committee on Government Operations, 89th Cong., 2d sess., 1966, pp. 7–9.

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  4. Agreement Concerning Questions Connected with the Presence of Soviet Forces on East German Territory, signed at Berlin, March 12, 1957; Agreement on the Legal Status of the Soviet Forces Temporarily Present on the Territory of the Hungarian People’s Republic, signed at Budapest, May 27, 1957; and Agreement on the Legal Status of Soviet Troops Temporarily Stationed in Poland, signed at Warsaw on December 17, 1956; English texts published in American Journal of International Law, LII (July, 1958 ), 210–227.

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  5. This provision appears as Article 16 of the 1956 Agreement with Poland.

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  6. Signed at Ottawa, September 20, 1951. Text in U.N.T.S., Vol 200 (1952), pp. 3ff. Referred to subsequently as the Ottawa Agreement.

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  7. Ibid., Vol. 544 (1965), pp. 246ff. Subsequent to the successful demonstration of NATO air lift capability, and at the request of the French Government, planning began to remove both SHAPE and other NATO contingents from French territory. The Netherlands was tentatively selected as a possible site for the relocated Supreme Headquarters. ( Author’s memoirs. )

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  8. See comment in footnote 31, supra. Text of the letters may be found in U.N. T.S., Vol. 544 (1965), pp. 258ff.

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  9. Ibid., paragraphs 7, 26–28, pp. 64, 66, 76, 80.

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  10. Emerged from an exchange of letters initiated on March 31, 1964, U.N. T.S., Vol. 492 (1964), PP. 58ff.

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  11. Other pertinent documents relative to this agreement may be found in U.N.T.S., Vol. 555 (1966), PP. 120–180; and Vol. 557 (1966), PP. 86–98, 13o - 14o.

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  12. Exchange of letters between the United Nations and: Lebanon, June 13, 1958; Saudi-Arabia, June I I, 1963, in U.N. T.S., Vol. 303 (1958), pp. 272–276 and Vol. 474 (1963), pp. 156ff, respectively.

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  13. The nature of these experts is undefined in the Saudi-Arabian Agreement, but professed to be technical assistance advisers and experts in the exchange of letters pertaining to those sent to Lebanon, U.N.T.S., Vol. 303 (1958), pp. 278, 280.

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  14. Exchange of letters dated April 20 and 29, 1957; December 21, 5957; and January 20, 1958, and February 5, 1958, in U.N.T.S., Vol. 226 (1957), pp. 125ff; Vol. 286 (1958), pp. 190–196, 2o0ff, respectively.

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  15. Exchange of letters between the United Nations and: Cyprus, March 27 and 30, 1964;

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© 1971 Martinus Nijhoff, The Hague, Netherlands

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Michaels, D.B. (1971). Security and Peacekeeping Forces. In: International Privileges and Immunities. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9220-0_12

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  • DOI: https://doi.org/10.1007/978-94-011-9220-0_12

  • Publisher Name: Springer, Dordrecht

  • Print ISBN: 978-94-011-8493-9

  • Online ISBN: 978-94-011-9220-0

  • eBook Packages: Springer Book Archive

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