Ronald Alcala and Hitoshi Nasu discuss the legal basis for conducting non-combatant evacuation operations (NEO), a type of military operation conducted in a foreign state’s territory, designed to protect and rescue the operating state’s nationals.
The legality of such operations has been debated for decades, and the potentially associated legal constraints surrounding them may hinder or restrict the freedom of action available to an operating state’s forces engaged in a NEO.
Alcala and Nasu conclude that clarity of the legal basis for evacuation operations, and the applicable legal framework under which the operation must be conducted before committing troops to the task, can help evacuation forces better prepare for and respond lawfully to threats that arise in theater.