An Axiom of Military Law : Applicability of National Criminal Law to Military Personnel and Associated Civilians Abroad

States regularly deploy elements of their armed forces abroad. When that happens, the military personnel concerned largely remain governed by the penal law of the State that they serve. This extraterritorial extension of national criminal law, which has been treated as axiomatic in domestic law and ignored by international law scholarship, is the subject of this dissertation. The first part of the study considers the ambit of national criminal law without any special regard to the armed forces. It explores the historical development of the currently prevailing system of territorial law and looks at the ambit that national legal systems claim today. Turning then to international law, the study debunks the oddly persistent belief that States enjoy a freedom to extend their laws to extraterritorial conduct as they please, and that they are in this respect constrained only by some specific prohibitions in international law. Six arguments historical, empirical, ideological, functional, doctrinal and systemic are advanced to support a contrary view: that States are prohibited from extending the reach of their legal systems abroad, unless they can rely on a permissive principle of international law for doing so. The second part of the study deals specifically with State jurisdiction in a military context, that is to say, as applied to military personnel in the strict sense (service members) and various civilians serving with or accompanying the forces (associated civilians). While the status of armed forces on foreign soil has transformed from one encapsulated in the customary concept of extraterritoriality to a modern regulation of immunities granted by treaties, elements of armed forces located abroad usually do enjoy some degree of insulation from the legal system of the host State. As a corollary, they should generally remain covered by the law of their own State. The extent of this extraterritorial extension of national law is revealed in a comparative review of national legislation, paying particular attention to recent legal reforms in the United States and the United Kingdom two states that have sought to extend the scope of their national law to cover the conduct of military contractor personnel. The principal argument of the dissertation is that applying national criminal law to service members and associated civilians abroad is distinct from other extraterritorial claims of jurisdiction (in particular, the nationality principle or the protective principle of jurisdiction). The service jurisdiction over the armed forces has a distinct aim: ensuring the coherence and indivisibility of the forces and maintaining discipline. Furthermore, the exercise of service jurisdiction seeks to reduce the chances of the State itself becoming internationally liable for the conduct of its service members and associated civilians. Critically, the legal system of the troop-deploying State, by extending its reach abroad, seeks to avoid accountability gaps that might result from immunities from host State law.

Pelastustoimi alueellisessa kehittämisessä : Länsi-Uudenmaan pelastuslaitoksen saavutettavuus

By law, rescue services must anticipate and plan future rescue situations so that the emergency measures taken in the event of an accident can be accomplished quickly and effectively. To reach this goal, rescue services planning must be up to date. The development of rescue services is di-rected by the Rescue Act, and guidelines such as the readiness program, based on that law. The guidelines give the basic principles for organizing rescue services. This paper studies the ability of rescuers to reach different locations now, and in the future, and whether this happens within the time constraints required by the readiness program. The time per-spective of the study includes both the current time and the future. Predictions of possible future situations are based on zoning information. The goal of the study is to find out whether there are any gaps in the network of fire stations or if gaps will develop in the near future. The strong growth and increase in the population of the greater Helsinki area, and of surrounding towns, creates many challenges for city planning, including rescue services. This study targets the two towns of Espoo and Kirkkonummi, where fast growth specifically into new housing areas, makes planning of rescue services challenging. Many new options are available for planning due to technological developments. The combined methods of planning and geo-informatics used in this study help to determine the need for new resources in rescue services. By using these methods, the planning of rescue services could be done at least 10 years into the future.