ACTIVITIES OF NATO LEGAL ADVISERS

Abstract

The article examines the activities of NATO’s legal advisers and legal support staff to assist and provide legal support to the Alliance’s military and humanitarian operations. Legal professionals who are not legal advisers / legal advisers may also perform some of these functions and tasks. In such cases, contacting legal counsel is critical for advice and supervision. Analyzing the work of NATO’s legal advisers, it should be noted that in the performance of their duties, legal advisers must professionally deal with legal issues and apply legal knowledge in accordance with the operational situation. The role of the Legal Adviser is to support the commander by identifying optimal courses of action, minimizing legal risk and promoting the rule of law, protecting human rights and adhering to the highest standards of legitimacy for NATO action. Legal support stipulates that legal advisers must provide timely expert and legal advice and guidance to ensure compliance with NATO guidelines, directives and commitments. The areas in which legal support is provided are operational law, tax and contract law, administrative law, claims and advice on damages, legal education and training. The allocation of all these areas is crucial for the legitimate implementation of NATO’s mission. Legal advisers must be prepared to be independent in the full range of legal disciplines and conflicts, standing on the side of the commander. To succeed in today’s operating environment, legal advisers must be masters of general legal practice, effective in various roles: lawyer, ethical advisers and consultants. They must be trained in such a way that they can understand and be constantly aware of the operational situation and, therefore, be able to actively support and strengthen NATO’s mission. We can argue that legal advisers or advisors should be involved in key decision-making processes, participating at an early stage to identify and resolve legal and non-legal issues before they become the problems of commanders. Legal advisers should assist their commanders in conducting operations in accordance with international law and international values that influence the operations and decision-making processes of the command or headquarters. In conclusion, we can say that every legal adviser, regardless of the level of command to which he is appointed, should take responsibility for setting priorities for designated legal assets and managing these assets to successfully complete the mission.