International Humanitarian Law and the Changing Technology of War


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.

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Dan Saxon currently teaches Global Justice at Leiden University College in The Hague. Saxon was previously a Visiting Professor of International Criminal Law at the University of Utrecht and the Leverhulme Visiting Professor in the Faculty of Law at the University of Cambridge, where he taught International Humanitarian Law and International Criminal Law. He was a prosecutor at the United Nations International Criminal Tribunal for the Former Yugoslavia from 1998-2010 and served as the Legal Adviser to the United Nations Commission of Inquiry for Syria.
Foreword Professor Michael N. Schmitt;
List of Contributors; List of Acronyms;
Introduction International Humanitarian Law and the Changing Technology of War Dan Saxon;
Chapter 1 Methodology of Law-Making: Customary International Law and New Military Technologies Robert Heinsch;
PART I Ensuring that Autonomous Unmanned Combat Systems Comply with International Humanitarian Law
Chapter 2 How Far Will the Law Allow Unmanned Targeting to Go? Bill Boothby;
Chapter 3 The Illegality of Offensive Lethal Autonomy David Akerson;
Chapter 4 Autonomy in the Battlespace: Independently Operating Weapon Systems and the Law
of Armed Conflict Markus Wagner;
Chapter 5 The Use of Autonomous Weapons and the Role of the Legal Advisor Lieutenant-Colonel Alexander Bolt;
PART II Applying Rules of International Humanitarian Law in an Age of Unlimited Information
Chapter 6 Great Resources Mean Great Responsibility: A Framework of Analysis for Assessing Compliance with API Obligations in the Information Age Kimberly Trapp;
Chapter 7 Maximising Compliance with IHL and the Utility of Data in an Age of Unlimited Information: Operational Issues Darren Stewart;
Chapter 8 The Application of Superior Responsibility in an Era of Unlimited Information Charles Garraway;
PART III Challenges for International Humanitarian Law
Compliance during Cyber and Network Warfare
Chapter 9 Cyber War and the Concept of ‘Attack’ in International Humanitarian Law David Turns;
Chapter 10 Proportionality and Precautions in Cyber Attacks Michael A Newton;
Chapter 11 Participants in Confl ict – Cyber Warriors, Patriotic Hackers and the Laws of War Heather Harrison Dinniss;
PART IV ‘Non-Lethal’ Technologies and International
Humanitarian Law
Chapter 12 New Weapons: Legal and Policy Issues Associated with Weapons Described as ‘Non-lethal’Neil Davison;
Chapter 13 The Path to Less Lethal and Destructive War? Technological and Doctrinal Developments and International Humanitarian Law after Iraq and Afghanistan David P. Fidler;
Conclusions International Humanitarian Law and the Challenges of the Changing Technology of War Dan Saxon;
Acknowledgments ; Index.
All those interested in international humanitarian law (also known as the Law of Armed Conflict), international criminal law, military affairs, international relations and technology.
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