The Law of Armed Conflict

2019 ◽  
pp. 170-243
Keyword(s):  
Armed Conflict ◽  
Law Of Armed Conflict ◽  
The Law

The Impact of Emerging Technologies on the Law of Armed Conflict

2019 ◽  
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
Emerging Technologies ◽  
Legal Issues ◽  
Technological Advancement ◽  
Law Of Armed Conflict ◽  
Legal Challenges ◽  
Challenges And Opportunities ◽  
The Law ◽  
The Impact

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 book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

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.

The New Law of Armed Conflict

1978 ◽  
Vol 15 ◽  
pp. 3-41 ◽  
Author(s):  
L. C. Green
Keyword(s):  
Twentieth Century ◽  
Intermediate State ◽  
Armed Conflict ◽  
The Other ◽  
War And Peace ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Court Of Appeal

In HisDe Jure Belli ac Paris, Grotius, quoting Cicero, stated that “there is no Middle between War and Peace,” and this sentiment seems to have received general agreement well into the twentieth century. Thus, inJansonv.Driefontein Consolidated Mines, Lord Macnaghten stated: “I think the learned counsel for the respondent was right in saying that the law recognises a state of peace and a state of war, but that it knows nothing of an intermediate state which is neither one thing nor the other — neither peace nor war.” One might have thought that the English courts would have abandoned this view in the light of their own experience during the Manchukuo incident, for by 1939 inKawasaki Kisen Kabushiki Kaisha of Kobev.Bantham S.S. Co.the Court of Appeal was prepared to concede that “war” might exist for some commercial purposes but not in so far as other legal relationships were concerned.

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