The redirection of attacks by defending forces

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.

Cyber warfare and the law of armed conflict

<p>This paper discusses cyber warfare and its intersection with the law of armed conflict. Cyberspace creates a unique battlefield with many challenges. This paper tackles four of these challenges: distinguishing warfare acts from criminal activities; what amounts to an armed attack in cyberspace that justifies a State’s right to selfdefence; target distinction; and direct participation in cyber hostilities. It is the author’s determination that the law of armed conflict does apply in cyberspace however two additional changes are needed for the traditional laws to have any practical effect. These two variations include the extension of the traditional criteria of armed attack to include severe data loss as tangible property damage; and reexamining the framework of direct participation.</p>

Cyber warfare and the law of armed conflict

<p>This paper discusses cyber warfare and its intersection with the law of armed conflict. Cyberspace creates a unique battlefield with many challenges. This paper tackles four of these challenges: distinguishing warfare acts from criminal activities; what amounts to an armed attack in cyberspace that justifies a State’s right to selfdefence; target distinction; and direct participation in cyber hostilities. It is the author’s determination that the law of armed conflict does apply in cyberspace however two additional changes are needed for the traditional laws to have any practical effect. These two variations include the extension of the traditional criteria of armed attack to include severe data loss as tangible property damage; and reexamining the framework of direct participation.</p>

Exploring foundational convergence between the Islamic law of armed conflict and modern international humanitarian law: Evidence from al-Shaybani's Siyar al-Kabir

This paper compares and contrasts the Islamic law of armed conflict with the modern international humanitarian law, with the view of identifying foundational similarities between these two separate canons, drawing extensively from al-Siyar al-Kabir. To this end, it raises the question as to whether the Islamic law of armed conflict is compatible with its modern counterpart, and, if it is, to what extent. To address these interlinked questions, the study departs from the premise that in order to identify resemblance, it is necessary to enquire into the foundations (both legal and philosophical) of the Islamic and contemporary approaches vis-à-vis armed conflicts.

Destructive trends in contemporary armed conflicts and the overlooked aspect of intangible cultural heritage: A critical comparison of the protection of cultural heritage under IHL and the Islamic law of armed conflict

The destruction of cultural heritage in armed conflicts has gained increasing political momentum and visibility over the last two decades. Syria, Iraq and Mali, among others, have witnessed the intentional destruction of their cultural heritage by non-State armed groups (NSAGs) that have invoked Islamic law and principles to legitimize their actions. The response of the international community has predominantly focused on the material aspect, to the detriment of the significant impact on the associated intangible manifestation of cultural heritage in local communities. This article argues that several Islamic legal rules and principles may, more adequately than international humanitarian law, safeguard the intangible dimension of cultural heritage in certain contemporary armed conflicts in Muslim contexts. It aims to demonstrate the importance of drawing from multiple legal traditions in order to enhance the protection of intangible cultural heritage in armed conflicts and to strengthen engagement with the relevant NSAGs.

The Law of Armed Conflict

Newly revised and updated, The Law of Armed Conflict, introduces students to the law of war in an age of terrorism. What law of armed conflict (LOAC) or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? Featuring new chapters, this book takes students through these topics and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied with clarity and depth.