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Legal authority of NATO commanders

NATO is an alliance of 32 sovereign states and their individual sovereignty is unaffected by participation in the alliance. NATO has no parliaments, no laws, no enforcement, and no power to punish individual citizens. As a consequence of this lack of sovereignty the power and authority of a NATO commander are limited. NATO commanders cannot punish offences such as failure to obey a lawful order; dereliction of duty; or disrespect to a senior officer. NATO commanders expect obeisance but sometimes need to subordinate their desires or plans to the operators who are themselves subject to sovereign codes of conduct like the UCMJ. A case in point was the clash between General Sir Mike Jackson and General Wesley Clark over KFOR actions at Pristina Airport.

NATO commanders can issue orders to their subordinate commanders in the form of operational plans (OPLANs), operational orders (OPORDERs), tactical direction, or fragmental orders (FRAGOs) and others. The joint rules of engagement must be followed, and the Law of Armed Conflict must be obeyed at all times. Operational resources "remain under national command but have been transferred temporarily to NATO. Although these national units, through the formal process of transfer of authority, have been placed under the operational command and control of a NATO commander, they never lose their national character." Senior national representatives, like CDS, "are designated as so-called red-cardholders". Caveats are restrictions listed "nation by nation... that NATO Commanders... must take into account".