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.

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 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.

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.

3 The Temporal and Geographic Reach of International Humanitarian Law

2020 ◽  
Author(s):  
Crawford Emily
Keyword(s):  
Armed Conflict ◽  
General Rule ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Domestic Law

This chapter discusses the geographical and temporal scope of international humanitarian law (IHL). Knowing where and when the provisions of IHL start and cease to apply is vital to ensuring that the rules are respected, and to identifying where other rules of international and domestic law are pertinent or more relevant. As a general rule, IHL applies from the commencement of hostilities, whether such hostilities are international or non-international in character. In international armed conflicts (IACs), situations of belligerent occupation also trigger the applicability of IHL, even if there are no active hostilities. However, there are different thresholds applicable in international and non-international armed conflicts (NIACs). As a general rule, in both IACs and NIACs, IHL will cease to apply when there is a ‘general close of military operations’. Meanwhile, the geographical or spatial scope of IHL depends on what kind of armed conflict is taking place, with different issues arising for both NIACs and IAC.

Introduction: The Use of Private Military and Security Companies by the United Nations

2014 ◽  
Vol 16 (4) ◽  
pp. 399-404 ◽  
Author(s):  
Elżbieta Karska ◽  
Karol Karski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Point Of View ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Will ◽  
Definition Of ◽  
Domestic Law ◽  
Intergovernmental Organisations

The work of private military and security contractors is extremely controversial from the point of view of international law and of practice. Sometimes there are doubts as to whether some of their activities should be considered legal activities or illegal mercenarism. Like any other entities using force, they can violate human rights as well as international humanitarian law. They provide their services to, amongst others, states and intergovernmental organisations, including the un. This requires a precise definition of the rules under which such contractors operate, both with regard to the law of treaties and the domestic law of the entities using their services. A question also arises as to whether there is any legal limit to their services being used by intergovernmental organisations, i.e. entities deriving their competences from the will of their member states. The work of the un is an interesting example here. The organisation uses such contractors, but on the other hand, it undertakes various activities to eliminate any potential threats in this respect.

“Be Karbala Miravim!”

2017 ◽  
Author(s):  
Anicée Van Engeland
Keyword(s):  
At Risk ◽  
International Law ◽  
Hybrid System ◽  
Legal System ◽  
Iraq War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Standards ◽  
Domestic Law

This chapter considers the extent to which Islamic governance can integrate international humanitarian law (IHL) into its own legal system by examining the case of Iran. It addresses the consequences of the emergence of an Islamic-universal hybrid legal system. The stakes are high because IHL’s efficiency and necessity have been questioned: The existence of the Iranian hybrid system of law can be perceived as a threat by scholars arguing that international law is at risk of fragmentation due to the variety of domestic and regional approaches to fundamental legal standards. The importance of those stakes is illustrated by the Iran-Iraq War: The process of mixing a universal secular legal system with a religious domestic law occurred at a crucial time when Iran was at war with Iraq, with clear effects on the protection of civilians and the conduct of hostilities.

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.

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