Book Review: The Military Commander’s Necessity: The Law of Armed Conflict and Its Limits, by Sigrid Redse Johansen.

2020 ◽  
Author(s):  
Beth Van Schaack
Keyword(s):  
Armed Conflict ◽  
Law Of Armed Conflict ◽  
The Law ◽  
The Military

scholarly journals The Rule of Law and the Role of Strategy in U.S. Nuclear Doctrine

2021 ◽  
Vol 45 (4) ◽  
pp. 126-166
Author(s):  
Scott D. Sagan ◽  
Allen S. Weiner
Keyword(s):  
United States ◽  
Armed Conflict ◽  
The United States ◽  
Nuclear War ◽  
Law Of Armed Conflict ◽  
Conventional Weapons ◽  
Chain Of Command ◽  
The Law ◽  
Principle Of Proportionality ◽  
The Military

Abstract In 2013, the U.S. government announced that its nuclear war plans would be “consistent with the fundamental principles of the Law of Armed Conflict” and would “apply the principles of distinction and proportionality and seek to minimize collateral damage to civilian populations and civilian objects.” If properly applied, these legal principles can have a profound impact on U.S. nuclear doctrine. The prohibition against targeting civilians means that “countervalue” targeting and “minimum deterrence” strategies are illegal. The principle of distinction and the impermissibility of reprisal against civilians make it illegal for the United States, contrary to what is implied in the 2018 Nuclear Posture Review, to intentionally target civilians even in reprisal for a strike against U.S. or allied civilians. The principle of proportionality permits some, but not all, potential U.S. counterforce nuclear attacks against military targets. The precautionary principle means that the United States must use conventional weapons or the lowest-yield nuclear weapons that would be effective against legitimate military targets. The law of armed conflict also restricts targeting of an enemy's leadership to officials in the military chain of command or directly participating in hostilities, meaning that broad targeting to destroy an enemy's entire political leadership is unlawful.

scholarly journals Being More than You Can Be: Enhancement of Warfighters and the Law of Armed Conflict

2020 ◽  
Author(s):  
Rain Liivoja
Keyword(s):  
Armed Conflict ◽  
Human Performance ◽  
Performance Enhancement ◽  
Social Issues ◽  
Human Enhancement ◽  
Armed Forces ◽  
Living Organism ◽  
Law Of Armed Conflict ◽  
The Law ◽  
The Military

[Law and the Future of War Research Paper No 1] Technologically advanced armed forces have begun exploring ways to improve the warfighter as a living organism. The relevant practices could be called “biomedical human performance enhancement,” which sets them apart from more conventional ways of improving performance, such as training and equipment. Human enhancement raises a range of ethical, legal and social issues – both in the military context and in society more broadly. In the military context, issues arise under the law of armed conflict (LOAC). After providing a brief conceptual and technical background to human enhancement, this paper considers a set of LOAC issues relating to human enhancement by asking two broad questions: First, does LOAC prohibit or restrict the enhancement of warfighters? Second, if warfighters are enhanced in some way, what consequences does that have under LOAC?

Considerations of Necessity under Article 57(2)(a)(ii), (c), and (3) and Proportionality under Article 51(5)(b) and Article 57(2)(b) of Additional Protocol I

2020 ◽  
pp. 325-342
Author(s):  
Wolff Heintschel von Heinegg
Keyword(s):  
Armed Conflict ◽  
Integrated Approach ◽  
Collateral Damage ◽  
Additional Protocol ◽  
Military Necessity ◽  
Law Of Armed Conflict ◽  
The Law ◽  
The Military

While military necessity as such does not absolve the parties to the conflict from their obligations of avoiding or minimizing collateral damage, of giving an advance warning, or of choosing an alternative target, considerations of military necessity have an impact on the scope of those obligations. The same holds true for the prohibition of collateral damage that is expected to be excessive in relation to the military advantage anticipated and for the obligation to cancel or suspend an attack, if circumstances have changed. Targeting decisions must be based on a complex assessment of a variety of factors that must be taken account of in their entirety. Accordingly, the law of armed conflict obliges those who plan or decide on an attack to adopt an integrated approach.

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.

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