scholarly journals Law and the Future of War Research Paper No 5: Autonomous Military Aircraft and the Importance of Communication for their Use in Peace Time and in Times of Armed Conflict under International Law

2020 ◽  
Author(s):  
Eve Massingham
Keyword(s):  
International Law ◽  
20Th Century ◽  
Armed Conflict ◽  
Research Paper ◽  
Civil Aviation ◽  
Military Aircraft ◽  
The Future ◽  
Legal Frameworks ◽  
Aerial Systems

[Law and the Future of War Research Paper No 5] Aerial systems with autonomous functionality are not new. However, their prevalence, sizes, manoeuvrability and the altitudes at which they fly today have not been fully contemplated by the international legal frameworks for aircraft developed in the 20th century. States are increasingly deploying these craft to undertake a range of tasks, and while these activities were once somewhat separated from the civilian airspace, this is no longer always the case. While most international civil aviation rules do not apply to military aircraft, military aircraft are not entirely exempt from compliance with key rules necessary to ensure the safety of civil aviation. This paper looks at how autonomous military aircraft are impacted by laws to protect international civil aviation, and indeed, civilians, and in particular identifies some of the communication requirements for the safe and lawful use of autonomous military aircraft alongside civil aviation, both in peace time and in times of armed conflict.

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

International Legal Aspects of Protecting Civilians and Their Property in the Future Cyber Conflict

2016 ◽  
pp. 423-449
Author(s):  
Metodi Hadji-Janev
Keyword(s):  
Cold War ◽  
International Law ◽  
Armed Conflict ◽  
Legal Aspects ◽  
Political Leaders ◽  
Basic Principles ◽  
Post Cold War ◽  
Law Of Armed Conflict ◽  
The Future ◽  
Cyber Conflict

The post-Cold War reality has brought many changes that challenge political leaders, planners and operators. Using cyberspace to accomplish their political objectives, non-state actors and states have opened serious legal debates over the applicability of the international law of armed conflict principles in cyberspace. In this context, the article explores how the basic principles of International law of armed conflict will apply to the protection of the civilian population from the future cyber conflict. To accomplish this article addresses the ius ad bellum and the ius in bello aspects of cyber conflict.

scholarly journals A criminal tribunal and a wide-ranging reparation programme is necessary for the victims of sexual violence and torture in Iraq

2019 ◽  
Vol 29 (1) ◽  
pp. 110-124
Author(s):  
Bojan Gavrilovic ◽  
Stephanie Schweininger
Keyword(s):  
Sexual Violence ◽  
International Law ◽  
Armed Conflict ◽  
Islamic State ◽  
Sexual Slavery ◽  
Primary Object ◽  
International Discourse ◽  
Forced Prostitution ◽  
Legal Frameworks

The frequency and extreme nature of sexual violence committed in Iraq, primarily by the self-declared Islamic State in Iraq and the Levant (ISIL) from 2014 onwards, has shocked the international community. Now, four years later, victory over ISIL has been proclaimed but addressing past atrocities and their consequences has barely begun. There is a wide discrepancy between Iraq’s human rights obligations, stressed by the United Nations (UN), and the reality on the ground, shaped by the Iraqi authorities. The present paper aims to highlight this discrepancy by providing an overview of the crimes committed, their qualification under international law, and the efforts of Iraqi authorities to punish those responsible. It will also discuss legal frameworks and the role of the UN, before positing some possible solutions. Object of the inquiry. The primary object of this inquiry is the conflict-related sexual violence (CRSV) that has taken place in Iraq since 2014. The term CRSV is used in the international discourse to designate sexual violence occurring during or following armed conflict. UN bodies have set a gravity threshold for defining CRSV—incidents or patterns of acts of sexual violence such as “rape, sexual slavery, forced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” (UN Action Against Sexual Violence in Conflict, 2011, p. 3)

scholarly journals Protecting Warfighters from Superfluous Injury and Unnecessary Suffering

2020 ◽  
Author(s):  
Rain Liivoja
Keyword(s):  
Armed Conflict ◽  
Human Enhancement ◽  
Research Paper ◽  
Precise Meaning ◽  
Additional Protocol ◽  
Law Of Armed Conflict ◽  
The Future ◽  
The Law ◽  
Key Aspects ◽  
Exclusive Focus

[Law and the Future of War Research Paper No 4] This paper considers one of most fundamental of rules of the law of armed conflict on the means and methods of warfare, which has been captured in Article 35(2) of Additional Protocol I in the following language: ‘It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.’ The exclusive focus of this unnecessary suffering rule on the wellbeing of combatants arguably makes it exceptional in the fabric of the law of armed conflict. And the fierce agreement about the foundational nature of this rule is only matched by the disagreement as to its precise meaning and efficacy. This paper considers the origins of the rule, and how key aspects of the rule are interpreted. It then deals with one of the more contentious issues – namely whether the rule is only concerned with the inherent properties of particular weapons or whether it also deals with the use of weapons. The paper suggest, with particular reference to human enhancement, that a better reading of the rule would indeed capture the uses of weapons. The use of a weapon with a knowledge that it would cause superfluous injury or unnecessary suffering in the circumstances ought to be regarded as prohibited by the rule.

150 Jahre Nationalstaatlichkeit in Deutschland

2020 ◽  
Keyword(s):  
International Law ◽  
20Th Century ◽  
Education System ◽  
Economic Factor ◽  
German History ◽  
The Future

For historians and political scientists alike, nationhood is not a self-evident research landscape. The year 1871 gives them cause to reflect on continuities. The prehistory of conflicts, crises and disasters in the 20th century must not be ignored. The long continuum of international law must be explained. The empire as a recognised economic factor with its remarkable education system actually offered opportunities for the future. The ascents of other forms of state are also impressive, with Versailles playing a major role several times. And, of course, the traces left by Berlin in German history and prominent symbolic sites such as the Reichstag are also important to consider. With contributions by Eberhard Diepgen, Michael Gehler, Christian Hillgruber, Eckhard Jesse, Hanns-Jürgen Küsters, Hans-Christof Kraus, Ulrich Lappenküper, Reiner Marcowitz, Tilman Mayer, Henning Ottmann, Werner Plumpe, Wolfram Pyta, Ulrich Schlie, Brendan Simms

scholarly journals The Concept of Autonomy

2020 ◽  
Author(s):  
Tim McFarland
Keyword(s):  
International Law ◽  
Autonomous System ◽  
Autonomous Systems ◽  
Research Paper ◽  
Cyber Physical Systems ◽  
Legal Analysis ◽  
Technical Term ◽  
Bottom Up ◽  
Physical Systems ◽  
The Future

[Law and the Future of War Research Paper No 2] This paper investigates the notion of autonomy as it applies to software and cyber-physical systems, with a focus on matters which bear some significance to the application of relevant bodies of international law. As autonomy, in the context of software, is a technical term rather than a legal or philosophical one, a bottom-up approach is taken, beginning with a description of the technical origins and meaning of the term ‘autonomous’. Based on that, two important relationships are discussed: that between the autonomous system and its environment, and between the system and its operator. Finally, several aspects of autonomy of relevance to a legal analysis are discussed: autonomous systems do not necessarily behave differently to manually operated systems; autonomous systems are not ‘independent’ of humans for the purposes of a legal analysis; and the relative contributions of human and machine in an operation involving an autonomous system are likely to be complex and variable, such that they should arguably be viewed as a form of collaboration between human and machine rather than a simple delegation of the entirety of a task to a machine.

International Legal Aspects of Protecting Civilians and Their Property in the Future Cyber Conflict

2018 ◽  
pp. 1555-1582
Author(s):  
Metodi Hadji-Janev
Keyword(s):  
Cold War ◽  
International Law ◽  
Armed Conflict ◽  
Legal Aspects ◽  
Political Leaders ◽  
Basic Principles ◽  
Post Cold War ◽  
Law Of Armed Conflict ◽  
The Future ◽  
Cyber Conflict

The post-Cold War reality has brought many changes that challenge political leaders, planners and operators. Using cyberspace to accomplish their political objectives, non-state actors and states have opened serious legal debates over the applicability of the international law of armed conflict principles in cyberspace. In this context, the article explores how the basic principles of International law of armed conflict will apply to the protection of the civilian population from the future cyber conflict. To accomplish this article addresses the ius ad bellum and the ius in bello aspects of cyber conflict.

scholarly journals The Unfinished Paper – A Tribute to Gordon Anderson

2019 ◽  
Vol 50 (2) ◽  
pp. 173
Author(s):  
KD Ewing
Keyword(s):  
International Law ◽  
Labour Market ◽  
Recent Work ◽  
20Th Century ◽  
Social Economic ◽  
Political Struggle ◽  
Labour Law ◽  
Current State ◽  
The Future ◽  
The Law

This article revisits arguments about the death of labour law, and re-examines claims by Richard Mitchell that such arguments are mistaken. In the first half of the article I argue that the law of the labour market is not labour law as the latter discipline developed in the 20th century. I also argue that there is a clear ethical core to labour law which sets it apart from the law of the labour market, and that this ethical core is the consequence of political struggle. Labour law gives effect to the principle of international law that labour is not a commodity, a principle which the law of the labour market subverts. The purpose of revisiting this debate is to examine whether labour law as so understood can be resurrected. For this purpose, I focus on the recent work of Harry Arthurs who in a series of lectures and elsewhere provides a withering assessment of the current state of play and a bleak outlook for the future. While I agree strongly with his assessment of the current condition of the discipline, I take issue with his pessimistic vision of the future, which in my view underestimates the importance of political struggle in effecting social, economic and legal change. 

scholarly journals Analisis Kasus Penembakan Pesawat Udara Ukraina oleh Militer Iran

2021 ◽  
Vol 1 (2) ◽  
pp. 91
Author(s):  
Irma Halimah Hanafi
Keyword(s):  
International Law ◽  
Research Methods ◽  
Armed Conflict ◽  
Secondary Data ◽  
Civil Aviation ◽  
Fast Time ◽  
Legal Research ◽  
Unique Case ◽  
Military Aviation ◽  
The One

Introductioan: Aviation is an activity that many people are interested in at this time, because it can cover one place in a fast time. In international law, aviation is divided into civil aviation and military aviation. The shooting down of the Ukrainian plane by the Iranian military is a unique case because the one shot was a scheduled civilian plane flying over the airspace of a country that is at war or armed conflict.Purposes of the Research: Therefore, the purpose of this paper is to analyze in depth how international air law regulates the shooting of civilian aircraft in the airspace of countries that are in situations of war or armed conflict.Methods of the Research: by using normative legal research methods that use secondary data consists of primary, secondary and tertiary legal materials with a statutory approach and historical approach.Results of the Research: The result of this paper is that the shooting of a civilian aircraft gives a lesson that in situations of war and armed conflict,  Countries involved in war or armed conflict should establish a no-fly zone in their airspace and notify the international community about their country being in a state of war or armed conflict.

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