Increasingly, war is and will be fought by machines – and virtual networks linking machines - which, to varying degrees, are controlled by humans. This book explores the legal challenges for armed forces resulting from the development and use of new military technologies – automated and autonomous weapon systems, cyber weapons, “non-lethal” weapons and advanced communications - for the conduct of warfare. The contributions, each written by scholars and military officers with expertise in International Humanitarian Law (IHL), provide analysis and recommendations for armed forces as to how these new technologies may be used in accordance with international law. Moreover, the chapters provide suggestions for military doctrine to ensure continued compliance with IHL during this ever-more-rapid evolution of technology.
Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.
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 volume of the Lieber Studies explores these critical questions while highlighting the legal challenges--and opportunities--presented by the use of emerging technologies on the battlefield.
Autonomous vessels and robotics, artificial Intelligence and cybersecurity are transforming international shipping and naval operations. Likewise, blockchain offers new efficiencies for compliance with international shipping records, while renewable energy from currents and waves and offshore nuclear power stations open opportunities for new sources of power within and from the sea. These and other emerging technologies pose a challenge for the governance framework of the law of the sea, which is adapting to accommodate the accelerating rates of global change. This volume examines how the latest technological advances and marine sciences are reshaping the interpretation and application of the law of the sea. The authors explore the legality of new concepts for military operations on the continental shelf, suggest remote sensing methodologies for delimitation of maritime boundaries, and offer a legal roadmap for ensuring maritime cyber security.
Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by 'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities.
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
The war instinct is part of human nature, but the means to fight war depend on technology. Alex Roland traces the co-evolution of technology and warfare from the Stone Age to the age of cyberwar, describing the inventions that changed the direction of warfare throughout history: from fortified walls, the chariot, battleships, and the gunpowder revolution to bombers, rockets, improvised explosive devices (IEDs), and nuclear weapons. In the twenty-first century, new technologies continue to push warfare in unexpected directions, while warfare stimulates stunning new technological advances. Yet even now, the newest and best technology cannot guarantee victory. Brimming with dramatic narratives of battles and deep insights into military psychology, this book shows that although military technologies keep changing at great speed, the principles and patterns behind them abide.