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

Abstract

Non-combatant evacuation operations (NEO) are a type of military operation conducted to rescue a State’s nationals (together with other designated civilians) and deliver them from harm’s way when they are in extremis abroad. Although reliant on military forces, a NEO’s focus on protection and evacuation can obscure the significance of operating State armed forces on foreign soil. Historically, NEOs have elicited few objections from the international community, and consequently few States have felt compelled to legally justify them, either beforehand or after the fact. But ultimately, are such operations lawful? Deploying military forces to a foreign State is an extraordinary step that could have significant legal implications, particularly during ongoing armed conflict. The deployment of military forces abroad may involve a violation of sovereignty and may also constitute a use of force under customary international law unless legally justifiable. The legality of deploying military forces to protect nationals abroad, however, has been a subject of debate for decades, and the international community has yet to reach a consensus on the issue. Two bases most commonly relied upon in practice to justify such interventions are host State consent and the right of self-defense. Understanding the legal framework for an evacuation operation can help military forces better prepare to counter threats, determine when lethal force may be lawfully employed, and recognize when a use of force may even implicate the evacuating State as a co-belligerent to an ongoing armed conflict.