New technologies, new geopolitical alignments, new interests and vulnerabilities, and other developments are changing how, why, and by whom conflict will be waged. Just as militaries must plan ahead for an environment in which threats, alliances, capabilities, and even the domains in which they fight will differ from today, they must plan for international legal constraints that may differ, too. This volume considers how law and institutions for creating, interpreting, and enforcing it might look two decades ahead.
International law requires that, before any new weapon is developed, purchased or modified, the legality of its use must be determined. This book offers the first comprehensive and systemic analysis of the law mandating such assessments - Article 36 of the 1977 Additional Protocol I to the Geneva Conventions. Underpinned by empirical research, the book explores the challenges the weapons review authorities are facing when examining emerging military technology, such as autonomous weapons systems and (autonomous) cyber capabilities.
This book explores the most relevant trends in the development of international humanitarian law (IHL), including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors.
This analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the UN Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers.
This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State.
The War Lawyers examines the laws of war as applied by military lawyers to aerial targeting operations carried out by the US military in Iraq and Afghanistan, and the Israel military in Gaza. Drawing on interviews with military lawyers and others, this book explains why some lawyers became integrated in the chain of command whereby military targets are identified and attacked, whether by manned aircraft, drones, and/or ground forces, and with what results. This book shows just how important law and military lawyers have become in the conduct of contemporary warfare, and how it is understood.
The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, and the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.
The defense industry develops, produces, and sells weapons that cause great harm. It operates at the intersection of the public and private sectors, with increased reliance on technology companies. Although such firms exist primarily to serve their host states, they routinely interact with foreign legal systems and diverse cultures. This context creates unique ethical challenges. That being the case, is the defense industry ethically defensible? How should it be regulated? How should it respond to worrisome technological developments such as autonomous weapons systems? How should business be conducted in countries where bribery is the norm? To what extent can this industry's intrinsic ethical problems be overcome? This book addresses such questions, bringing together the diverse perspectives of scholars and practitioners from academia, government service, the military, and the private sector. It aims to inform a discussion about the moral and legal challenges facing the global defense industry and to introduce solutions that are innovative, effective, and practical.