Soldier Self-Defense Symposium: Norwegian Soldiers’ Self-Defense, by Camilla G. Cooper (Ph.D.) an Associate Professor of Operational Law at the Norwegian Defence University College and Sigrid Redse Johansen a Judge Advocate General of the Norwegian Armed Forces. Here are some excerpts.
What is the nature of soldiers’ self-defence in your country (a criminal defence, an individual right)? Is it similar to the right or criminal defence of self-defence available to any other citizen?
Self-defence in Norwegian law is considered a criminal defence. Self-defence is set out in Section 18 of the Norwegian Penal Code of 2005[.]
The same rule applies to both soldiers and other citizens. The Military Penal Code of 1902 states in Section 1 that the basic conditions for criminal liability in the (Public) Penal Code applies also in military criminal cases. This includes the basic rules governing self-defence and necessity.
In military operations, it is common to develop « Soldier’s Cards », based on the mission-specific rules of engagement, which also refer to the basic right to self-defence as set out above.
Does the State have a known view on whether soldier’s self-defence is (also) a legal basis for the State to use force under international law? If so, what would the source of this legal basis be (Jus ad bellum? Human rights law? Another legal regime?)?
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