The EU’s military operations are carried out under the CSDP and have their legal basis primarily in Article 42(1) TEU. According to this provision, one of the objectives of CSDP is to provide the Union with operational capabilities based on civilian and military means. The EU may use these capabilities, but only for peace-keeping, conflict prevention and international security
enhancement missions outside the Union.
Based on the provisions of the TEU, the Union can therefore conduct three types of peacekeeping operations: peacekeeping operations, conflict prevention operations and operations to strengthen international security. These operations were called Petersberg Missions and were established back in 1992 under the WEU. With the Lisbon Treaty, the EU took over the implementation of these operations from the WEU, and the Lisbon Treaty itself catalogues such operations and missions. According to Article 43(1) TEU, EU peacekeeping
operations include joint disarmament operations, humanitarian and rescue missions, military advice and assistance missions, conflict prevention and peacekeeping missions, armed crisis management missions, including peacemaking and post-conflict stabilisation operations. All of these missions can contribute to the fight against terrorism, including by supporting third
countries in combating terrorism in their territories.
Particularly visible are the military missions carried out by the EU. The EU is currently conducting 10 military operations and 1 of a military-civilian nature.
Military operations are conducted in Bosnia and Herzegovina, Libya, Niger, Mali, Mozambique, Central African Republic, Somalia, Ukraine; the EU also conducts 2 naval operations
(in the Black Sea and off the coast of Somalia).
Before an EU military mission can be established, it is necessary to provide the EU with an
international mandate. Indeed, an armed intervention in a third country is an exception to the
general rule prohibiting the threat or use of armed force in interstate relations and mandating
the settlement of all disputes by peaceful means. The international mandate to conduct a military
operation in a state can derive from three legal titles:
a. UN Security Council mandates (e.g. Somalia),
b. peace treaty,
c. an invitation issued by the country on whose territory the military mission is to be carried out
(e.g. military operation in Niger and Ukraine). Once the EU has an international mandate to undertake a military mission, it should conclude an agreement with the third country governing the status and activities of the mission or armed forces on its territory. These are known as SOMA/SOFA agreements.
The third step is the adoption by the Council of a decision establishing the military mission; sometimes such a decision is still followed by a decision to launch the military mission.
The decision establishing the mission specifies:
- mission objectives,
- a mission commander is appointed,
- the political control of the mission is defined,
- the military leadership of the mission is established,
- it shall state whether third States are participating in the mission and shall lay down the
modalities of such participation,the status of the mission staff shall be determined, - the modalities of financing the mission are defined.
Third countries may participate in EU military missions. The procedure by which the EU invites a third country is governed by the decision establishing the military mission. As a rule, the Political and Security Committee is mandated to carry out the procedure for inviting a third country to participate in the mission. The detailed arrangements for the participation of third countries are the subject of agreements concluded under Article 37 TEU and in accordance with the procedure laid down in Article 218 TFEU. Such agreements have been concluded by the EU with, inter alia, Peru, Vietnam, Jordan, Australia, Switzerland, Bosnia and Herzegovina, Colombia, Korea, Chile, Moldova, North Macedonia, Albania, New Zealand, Serbia, the USA and
Montenegro.
These agreements set out the framework for a third country’s participation in civil and/or military missions. The conclusion of an agreement does not imply the automatic participation of the third State’s forces in an EU-led military operation. The third State’s participation shall be based on an invitation by the EU. Upon receipt of such an invitation, the third State shall decide,
within the framework of its internal procedures, on its participation, including its proposed contribution.
If the third country accepts the EU’s invitation, it should place appropriate military personnel at its disposal. The armed forces of the third country participate in the military mission
on the following basis:
a. execute the military mission in accordance with the relevant Council Decision, the operational plan and the policy regarding EU military crisis management operations
b. Personnel seconded by Peru shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind and in accordance
with the highest standards of conduct laid down in the policies applicable to EU military
crisis management operations
c. all forces and personnel of the third State participating in the EU military crisis management operation shall remain under the full command of their national authorities. Operational command is exercised by a designated officer of the Peruvian armed forces.
d. national authorities shall transfer operational control and tactical command and/or control of their forces, assets and personnel to the EU Operation Commander, who shall be
entitled to delegate his authority.
e. the third State shall bear the costs associated with its participation in the EU military crisis management operation.
As a rule, the EU also concludes an international agreement with the country on whose territory the military mission is to be conducted. It does not have to be a mission-specific agreement. The agreement regulates the status of the members of the mission, including criminal
jurisdiction.
Military operations are carried out by the armed forces at the disposal of the Member States. Back in 1999, at the Helsinki European Council of 1999, it was decided to increase the EU’s
capacity for independent operational action and decision-making in the event of a crisis. In order to be able to better carry out the so-called Petersberg missions, a so-called European Operational Objective was proclaimed, which stipulated that by the end of 2003 a corps of 50-60,000 troops would be formed, capable of carrying out any Petersberg mission of at least one year’s duration within 60 days. These troops were to include land, sea and air forces. However, this goal was never achieved. As of 2021, the ‘Strategic Compass for Security and Defence’ is underway and has led to a significant modification of this objective. The Strategic Compass emphasises the need to establish a strong EU rapid deployment capability of up to 5,000 troops for different types of crises and, within 30 days, a mission of 200 fully equipped experts, including in complex environments.
Operation in Somalia (EUTM)
It is the oldest EU military mission that is still in place. It was established back in 2010 and its mandate has been extended 8 times.
The mission is being implemented on the basis of the 2009 UNSC resolution. (1872 (2009)) on the situation in Somalia. In the aforementioned resolution, the UNSC stressed the importance of reconstituting, training, equipping and sustaining Somali security forces, and called on Member States and regional and international organisations to provide technical support to train and equip Somali security forces.
The mission involves 8 EU Member States (Finland, France, Greece, Italy, Portugal, Romania, Spain and Sweden) and a third country (Serbia)
Its aim is to:
- Strengthen Somali central defence structures by providing training, support and advice
- improve the competence, effectiveness, reliability and accountability of the Somali defence sector so that the Somali authorities can gradually assume responsibility for the country’s security.
The Mission Force Headquarters is located in Mogadishu and reports to the EU Mission Force Commander; support cells are located in Brussels and Nairobi, while the Liaison Office is based in Djibouti.
The EUTM Somalia mission is working with Operation Atalanta. ATALANTA is a mission deployed at sea to implement the arms embargo on Somalia, to combat drug trafficking. Operation Atalanta also aims to prevent maritime piracy and armed robbery at sea.
Operation in Niger
The operation is being carried out at the invitation of the Niger authorities. By letter dated 30 November 2022, the Minister of Foreign Affairs and Cooperation of the Republic of Niger
requested the Union to deploy an EU military CSDP partner mission to Niger to contribute to improving the military capabilities of the Niger Armed Forces to support Niger in its fight against terrorist armed groups, while respecting human rights and international humanitarian law.
On 12 December 2022. The Council approved the Crisis Management Concept for a partner military CSDP mission in Niger. According to it, the operation in Niger is to enhance the capacity of the Niger Armed Forces to deter the threat of terrorism, protect the population and ensure safe conditions in accordance with human rights and international humanitarian law. EUMPM Niger is to help establish an armed forces technician training centre, provide mentoring and specialised training to the Niger armed forces and help establish a new communications and
command support battalion.
The mission was launched on 20 February 2023; the mission was originally established for a period of three years, but in May 2024 it was decided to definitively end the mission by the end of December 2024.
Operation in Ukraine
The operation was initiated by a request from the Ukrainian authorities, i.e. a letter dated 30 September 2022 from the Minister of Foreign Affairs and the Minister of Defence of Ukraine, who jointly asked the Union to provide military support to Ukraine. The operation is in the nature of military assistance to Ukraine and its aim is to increase the military capabilities of Ukraine’s armed forces and thereby give new impetus to operations and conduct them effectively so that Ukraine can defend its territorial integrity within
internationally recognised borders, effectively maintain its sovereignty and protect the civilian population in Ukraine.
The mission operates on the territory of the Member States and the training provided by EUMAM Ukraine takes place in various locations throughout the Union, subject to the explicit agreement of the host Member State (currently 24 Member States). Third countries (Norway, Switzerland, Canada, Georgia and Turkey) also participate in the mission. The mission trained 52,000 Ukrainian troops and cost €107 million.
