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Increasingly, war is and will be fought by machines – and virtual networks linking machines - which, to varying degrees, are controlled by humans. This book explores the legal challenges for armed forces resulting from the development and use of new military technologies – automated and autonomous weapon systems, cyber weapons, “non-lethal” weapons and advanced communications - for the conduct of warfare. The contributions, each written by scholars and military officers with expertise in International Humanitarian Law (IHL), provide analysis and recommendations for armed forces as to how these new technologies may be used in accordance with international law. Moreover, the chapters provide suggestions for military doctrine to ensure continued compliance with IHL during this ever-more-rapid evolution of technology.
It is indisputable that the way armed conflict is conducted has changed dramatically in the last half of the twentieth century. The contributions to this volume accept the reality of these changes and seek to assess the efficacy of certain aspects of international humanitarian law. The volume commences with a critical evaluation of the 1977 Protocols additional to the four Geneva Conventions of 1949. Subsequent chapters consider increasing protection for women and minorities in armed conflict; efforts to control the weapons of war; identifying the law applicable to peace operations; and current developments in the enforcement of international humanitarian law. One general theme which emerges from a number of chapters is the importance of the relationship between international humanitarian law and other relevant areas of international law. Most of the contributors also applaud recent developments towards effective enforcement of the established principles of this important area of international law.
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
Essay from the year 2009 in the subject Politics - Topic: Public International Law and Human Rights, grade: 7,5, University of Amsterdam (Vrije Universiteit Amsterdam), course: International Humanitarian Law, language: English, abstract: At the beginning of the 21st century it seems that warfare and armed conflict get messier and more chaotic than ever before. The phenomenon of weak and fragile statehood destabilizes whole regions and makes intra-state conflict to a constant feature with spill-over character in many areas of the world. At the same time do non-state armed actors, from warlords to armed militias to terrorists to private military firms, re-enter the international conflictscene. The globalized character of contemporary organized violence, especially the phenomenon of transnational terrorism, does challenge the international security structure. While symmetric inter-state conflicts are constantly decreasing and less likely to appear, the dominant form of contemporary armed conflict is intra-state and asymmetric by nature. One of the most striking features within contemporary armed violence is the increasingly important role of civilians, as victims but also as perpetrators and participants in hostilities. The fundamental line between soldiers and civilians has long been essential to the law of war, but with the rise of transnational terrorism, warlords and other non-state actors in armed conflict this distinction gets seemingly blurred.
Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This volume of the Lieber Studies explores these critical questions while highlighting the legal challenges--and opportunities--presented by the use of emerging technologies on the battlefield.
This volume provides an authoritative, cutting-edge resource on the characteristics of both technological and social change in warfare in the twenty-first century, and the challenges such change presents to international law. The character of contemporary warfare has recently undergone significant transformation in several important respects: the nature of the actors, the changing technological capabilities available to them, and the sites and spaces in which war is fought. These changes have augmented the phenomenon of non-obvious warfare, making understanding warfare one of the key challenges. Such developments have been accompanied by significant flux and uncertainty in the international legal sphere. This handbook brings together a unique blend of expertise, combining scholars and practitioners in science and technology, international law, strategy and policy, in order properly to understand and identify the chief characteristics and features of a range of innovative developments, means and processes in the context of obvious and non-obvious warfare. The handbook has six thematic sections: Law, war and technology Cyber warfare Autonomy, robotics and drones Synthetic biology New frontiers International perspectives. This interdisciplinary blend and the novel, rich and insightful contribution that it makes across various fields will make this volume a crucial research tool and guide for practitioners, scholars and students of war studies, security studies, technology and design, ethics, international relations and international law.
This fully updated third edition of The Handbook of International Humanitarian Law sets out an international manual of humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. The new edition takes account of recent developments in the law, including the 2010 amendments to the ICC Statute, the progressive evolution of customary law, and new jurisprudence from national and international courts and tribunals. It sheds light on controversial topics like direct participation in hostilities; air and missile warfare; belligerent occupation; operational detention; and the protection of the environment in armed conflict. The book also addresses the growing need to consider the interface between international humanitarian law and human rights, as well as other branches of international law, both during armed conflicts and in post-conflict situations. The commentary both deepens reflection on such innovations, and critically reconsiders views expressed in earlier editions to provide a contemporary analysis of this changing field. Renowned international lawyers offer a broad spectrum of legal opinions, restating the law in this area, which is applicable worldwide. Particular attention is paid to problems of application of the law in recent military campaigns, which are assessed and interpreted in a practice-oriented manner. Based on best-practice rules of global importance, this book gives invaluable guidance to practitioners and scholars of this important body of law.
This book addresses the technological evolution of modern warfare due to unmanned systems and the growing capacity for cyberwarfare. The increasing involvement of unmanned means and methods of warfare can lead to a total removal of humans from the navigation, command and decision-making processes in the control of unmanned systems, and as such away from participation in hostilities – the “dehumanization of warfare.” This raises the question of whether and how today’s law is suitable for governing the dehumanization of warfare effectively. Which rules are relevant? Do interpretations of relevant rules need to be reviewed or is further and adapted regulation necessary? Moreover, ethical reasoning and computer science developments also have to be taken into account in identifying problems. Adopting an interdisciplinary approach the book focuses primarily on international humanitarian law, with related ethics and computer science aspects included in the discussion and the analysis.
This book gives an up-to-date and comprehensive analysis of international humanitarian law or the laws of war. The author has traced the history of the laws of war and examined their relations with human rights and refugee laws. The topics covered include protection to the victims of war: prisoners, civilians, women, children, the natural environment and cultural property. The book contains an updated account of the functioning of the International Criminal Court, and explores the concept of command responsibility, as well as the area of private military and security companies. Besides discussing the law during air and naval warfare, the author has critically examined certain challenges which humanitarian law is facing today from cyber warfare; nuclear, phosphorous and depleted uranium weapons; the use of chemical agents; and targeted killing. This book is an invaluable resource for anyone interested or working in the field of international humanitarian law: teachers, students, lawyers, government officials, military and police personnel, researchers and human rights activists.
International humanitarian law (IHL) protects persons and property affected by armed conflicts. Focusing on the controversies that impact IHL in practice, this much-anticipated book from leading expert Marco Sassòli discusses when IHL applies, its substantive rules, how to ensure its respect and whether the traditional distinction between international and non-international armed conflicts remains relevant.