Military Operations Law for the Defense of the Country

Abstract

The paramount mission of military operations is to safeguard the country: to defend the country, preserve its independence, uphold its sovereignty, and maintain territorial integrity against external threats. Such operations must be conducted within the international framework of the “Inherent Right of Self-Defense”, together with the Law of Armed Conflict (LOAC), International Humanitarian Law (IHL), relevant rules of customary international law, and domestic legislation chiefly the Martial Law Act B.E. 2457 (1914) supplemented by the Royal Thai Armed Forces’ Rules of Engagement (ROE) and ministerial orders and regulations on the use of force. Consequently, a military commander operating in an area that has been penetrated, is experiencing hostilities, or is already under martial law is empowered to order the immediate use of force or armed retaliation against hostile acts by the adversary, or otherwise to act forthwith in accordance with a pre-approved plan or pressing necessity.  Nevertheless, during periods of abnormality when the country finds itself in armed conflict, in a state of war, or under a declaration of war or martial law, it becomes the duty of every Thai citizen to participate in the defense of the Kingdom. Since certain situations may require an integrated employment of force or weapon systems drawn from agencies beyond the regular armed forces, it is therefore proposed that the Martial Law Act B.E. 2457 (1914) be amended so that it can accommodate such whole-of-government force integration, fulfil the mission of territorial defense, and strengthen the legal protection afforded to military operations.