scholarly journals Gender and Human Shielding

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 305-310 ◽  
Author(s):  
Helen M. Kinsella
Keyword(s):  
Sex Difference ◽  
Use Of Force ◽  
The Body ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Physical Presence ◽  
Definition Of

Human shielding occurs through the use of the body—an individual or collective physical presence—which is not armed and does not rely on the use of force or fire. Understood as both a means (human shields) and a method (human shielding), shielding is the use of “civilians or other protected persons, whose presence or movement is aimed or used to render military targets immune from military operations.” Human shielding raises difficult doctrinal questions as to the interpretation and implementation of international humanitarian law that are not easily answered. This is in part because human shielding reanimates a series of queries that, as I argue elsewhere, are constitutive of international humanitarian law itself, namely: What and who is a combatant? What and who is a civilian? Who is to judge and according to which premises? Human shielding reanimates these questions because it is upon the definition of a civilian, in contradistinction to the combatant, that the power and efficacy of shielding depends. As I have shown, the distinction between civilian and combatant is partially constituted through discourses of gender which naturalize sex and sex difference. These discourses, as I sketch out below, are cited when theorizing the significance of human shields and reappear when evaluating the representation and meaning of the embodied movement of human shields.

scholarly journals Military Objectives 2.0: The Case for Interpreting Computer Data as Objects under International Humanitarian Law

2015 ◽  
Vol 48 (1) ◽  
pp. 55-80 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
Customary Law ◽  
International Humanitarian Law ◽  
Cyber Warfare ◽  
Humanitarian Law ◽  
Military Operations ◽  
Computer Data ◽  
Proper Understanding ◽  
Military Objective ◽  
Definition Of ◽  
Teleological Interpretation

This article presents the case for a progressive interpretation of the notion of military objectives in international humanitarian law (IHL), bringing computer data within the scope of this concept. The advent of cyber military operations has presented a dilemma as to the proper understanding of data in IHL. The emerging orthodoxy, represented by the 2013Tallinn Manual on the International Law Applicable to Cyber Warfare, advances the argument that the intangible nature of data renders it ineligible to be an object for the purposes of the rules on targeting in IHL. This article, on the contrary, argues that because of its susceptibility to alteration and destruction, the better view is that data is an object within the meaning of this term under IHL and thus it may qualify as a military objective. The article supports this conclusion by means of a textual, systematic and teleological interpretation of the definition of military objectives found in treaty and customary law. The upshot of the analysis presented here is that data that does not meet the criteria for qualification as a military objective must be considered a civilian object, with profound implications for the protection of civilian datasets in times of armed conflict.

Super Soldiers (Part 2)

2014 ◽  
pp. 139-160 ◽  
Author(s):  
Patrick Lin ◽  
Max Mehlman ◽  
Keith Abney ◽  
Shannon French ◽  
Shannon Vallor ◽  
...  
Keyword(s):  
Virtue Ethics ◽  
Human Enhancement ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Health It ◽  
Military Operations ◽  
Improve Performance ◽  
Working Definition ◽  
Definition Of ◽  
Domestic Law

This is the second chapter of two on military human enhancement. In the first chapter, the authors outlined past and present efforts aimed at enhancing the minds and bodies of our warfighters with the broader goal of creating the “super soldiers” of tomorrow, all before exploring a number of distinctions—natural vs. artificial, external vs. internal, enhancement vs. therapy, enhancement vs. disenhancement, and enhancement vs. engineering—that are critical to the definition of military human enhancement and understanding the problems it poses. The chapter then advanced a working definition of enhancement as efforts that aim to “improve performance, appearance, or capability besides what is necessary to achieve, sustain, or restore health.” It then discussed a number of variables that must be taken into consideration when applying this definition in a military context. In this second chapter, drawing on that definition and some of the controversies already mentioned, the authors set out the relevant ethical, legal, and operational challenges posed by military enhancement. They begin by considering some of the implications for international humanitarian law and then shift to US domestic law. Following that, the authors examine military human enhancement from a virtue ethics approach, and finally outline some potential consequences for military operations more generally.

Super Soldiers

2015 ◽  
pp. 1527-1548
Author(s):  
Patrick Lin ◽  
Max Mehlman ◽  
Keith Abney ◽  
Shannon French ◽  
Shannon Vallor ◽  
...  
Keyword(s):  
Virtue Ethics ◽  
Human Enhancement ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Health It ◽  
Military Operations ◽  
Improve Performance ◽  
Working Definition ◽  
Definition Of ◽  
Domestic Law

This is the second chapter of two on military human enhancement. In the first chapter, the authors outlined past and present efforts aimed at enhancing the minds and bodies of our warfighters with the broader goal of creating the “super soldiers” of tomorrow, all before exploring a number of distinctions—natural vs. artificial, external vs. internal, enhancement vs. therapy, enhancement vs. disenhancement, and enhancement vs. engineering—that are critical to the definition of military human enhancement and understanding the problems it poses. The chapter then advanced a working definition of enhancement as efforts that aim to “improve performance, appearance, or capability besides what is necessary to achieve, sustain, or restore health.” It then discussed a number of variables that must be taken into consideration when applying this definition in a military context. In this second chapter, drawing on that definition and some of the controversies already mentioned, the authors set out the relevant ethical, legal, and operational challenges posed by military enhancement. They begin by considering some of the implications for international humanitarian law and then shift to US domestic law. Following that, the authors examine military human enhancement from a virtue ethics approach, and finally outline some potential consequences for military operations more generally.

Rules of Engagement and the International Law of Military Operations

2020 ◽  
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
Use Of Force ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Academic World ◽  
The Law ◽  
And Function ◽  
Role And Function

This study analyses the role and function of the rules on the use of force (rules of engagement (ROE)) for military operations in terms of the interaction between the various bodies of international and national law applicable to such operations and the actual conduct of the operations in question. It explains how ROE act as a linchpin between the law, including the academic study of the law, and the actual conduct of military operations in practice. In order to structure this analysis and explanation, the book offers a brief introduction to general concepts related to rules on the use of force (ROE and otherwise) and the process of planning military operations, followed by in-depth discussions of the application of (the law of) self-defence, international humanitarian law, international human rights law, and international and national criminal law in the context of military operations. Based on the conclusions and observations of the constituent chapters and observations from practice, this book examines the classical conceptual model of ROE and offers a refinement of that model to explain the interaction between law and ROE. As such, the book serves as a ‘bridge’ between academic theory and operational practice, as well as between the academic world and the conduct of military operations.

Super Soldiers (Part 2)

2019 ◽  
pp. 82-105
Author(s):  
Patrick Lin ◽  
Max Mehlman ◽  
Keith Abney ◽  
Shannon French ◽  
Shannon Vallor ◽  
...  
Keyword(s):  
Virtue Ethics ◽  
Human Enhancement ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Health It ◽  
Military Operations ◽  
Improve Performance ◽  
Working Definition ◽  
Definition Of ◽  
Domestic Law

This is the second chapter of two on military human enhancement. In the first chapter, the authors outlined past and present efforts aimed at enhancing the minds and bodies of our warfighters with the broader goal of creating the “super soldiers” of tomorrow, all before exploring a number of distinctions—natural vs. artificial, external vs. internal, enhancement vs. therapy, enhancement vs. disenhancement, and enhancement vs. engineering—that are critical to the definition of military human enhancement and understanding the problems it poses. The chapter then advanced a working definition of enhancement as efforts that aim to “improve performance, appearance, or capability besides what is necessary to achieve, sustain, or restore health.” It then discussed a number of variables that must be taken into consideration when applying this definition in a military context. In this second chapter, drawing on that definition and some of the controversies already mentioned, the authors set out the relevant ethical, legal, and operational challenges posed by military enhancement. They begin by considering some of the implications for international humanitarian law and then shift to US domestic law. Following that, the authors examine military human enhancement from a virtue ethics approach, and finally outline some potential consequences for military operations more generally.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

Taking Care Against the Computer

2021 ◽  
pp. 1-27
Author(s):  
Simon McKenzie ◽  
Eve Massingham
Keyword(s):  
Artificial Intelligence ◽  
International Humanitarian Law ◽  
Electromagnetic Spectrum ◽  
Humanitarian Law ◽  
Military Operations ◽  
Modern Life ◽  
Military Installations ◽  
Digital Infrastructure ◽  
The Status ◽  
Taking Care

Abstract The obligations of international humanitarian law are not limited to the attacker; the defender is also required to take steps to protect civilians from harm. The requirement to take precautions against the effects of attack requires the defender to minimize the risk that civilians and civilian objects will be harmed by enemy military operations. At its most basic, it obliges defenders to locate military installations away from civilians. Furthermore, where appropriate, the status of objects should be clearly marked. It is – somewhat counterintuitively – about making it easier for the attacker to select lawful targets by making visible the distinction between civilian objects and military objectives. The increasing importance of digital infrastructure to modern life may make complying with these precautionary obligations more complicated. Maintaining separation between military and civilian networks is challenging as both operate using at least some of the same infrastructure, relying on the same cables, systems, and electromagnetic spectrum. In addition, the speed at which operations against digital infrastructure can occur increases the difficulty of complying with the obligation – particularly if such operations involve a degree of automation or the use of artificial intelligence (ai). This paper sets out the source and extent of the obligation to take precautions against hostile military operations and considers how they might apply to digital infrastructure. As well as clarifying the extent of the obligation, it applies the obligation to take precautions against hostile military operations to digital infrastructure, giving examples of where systems designers are taking these obligations into account, and other examples of where they must.

scholarly journals The redirection of attacks by defending forces

2021 ◽  
pp. 1-18
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

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