THE HAGUE, 01/09/06 - Dutch military commanders sent abroad must take a course in criminal law and criminal proceedings. This is intended to prevent their troops from committing a crime.

All military sent to high-risk areas abroad must be well-informed beforehand on the permitted use of force. During the operation, they must also continue to receive information on the nature and aim of the mission. If a soldier keeps to the rules, he will in principle not be prosecuted, according to a recommendation adopted by Defence Minister Henk Kamp and Justice Minister Piet Hein Donner.

Clear and continuous provision of information is one of the 21 recommendations of a commission that evaluated the application of military criminal law during foreign missions. Commission chairman Harry Borghouts presented the report yesterday to Kamp and Donner, who have adopted the recommendations. They pointed out that it concerns points of attention and improvement for which the present system of military law does not need to be changed.

The evaluation stems from wishes inspired in the Lower House by the case involving the soldier described as Eric O. He fired a warning shot at the ground in Iraq that may have killed an Iraqi on ricocheting. The Public Prosecutor's Office (OM) prosecuted him, but the courts acquitted him. Not only was his behaviour justified, but it was not even proven that someone actually died.

The Eric O. case meant a loss of face for the then OM chief Johan de Wijkerslooth, who accused the soldier in the media before the investigation was completed. Unsurprisingly, therefore, other recommendations by the commission deal with better cooperation between Defence and the OM. They must regularly consult about ongoing operations and the authority of each must be clearly laid down.