The Protection of Nationals Abroad and Non-Combatant Evacuation Operations in Times of Crisis

non-combatants loaded onto a helicopter

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.

By Ronald Alcala

Lieutenant Colonel, United States Army; Academy Professor of Law, United States Military Academy, West Point; Senior Military Fellow, Lieber Institute for Law and Warfare, West Point.

By Hitoshi Nasu

Professor of Law, United States Military Academy, West Point; Senior Faculty Fellow, Lieber Institute for Law and Warfare, West Point; Senior Fellow, Stockton Center for International Law, United States Naval War College, Newport; Principal Visiting Research Fellow, University of Reading School of Law. The views expressed here are the views of the authors and do not necessarily reflect those of the United States Military Academy, the United States Army, the Department of Defense, or any other department or agency of the United States government. The information presented stems from the authors’ own research and publicly available sources, not from protected operational information.

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