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International Humanitarian Law And The Targeting Of Data, Tim Mccormack
International Humanitarian Law And The Targeting Of Data, Tim Mccormack
International Law Studies
The 2013 publication of the Tallinn Manual on the International Law Applicable to Cyber Warfare confirmed the view of the majority of the international group of experts that data was not an object and therefore not subject to the rules of targeting during an armed conflict. Intuitively, a number of scholars reacted negatively to this view, and instead were drawn to the Tallinn Manual minority position that data did constitute an object. The significance of data, particularly personal data, is only increasing, and the purpose of the law of armed conflict is to reduce the deleterious impact of armed conflict …
Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja
Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja
International Law Studies
Under Article 36 of the 1977 Additional Protocol I to the Geneva Conventions, States are required to review new weapons for their compliance with international law. While recent discussions on the regulation of lethal autonomous weapons systems under the auspices of the UN Certain Conventional Weapons Convention increasingly emphasize the importance of national weapons review mechanisms, Article 36 is known to be implemented only by a handful of States. Some legal scholars have nonetheless argued that the Article 36 obligation has attained customary international law status. Remarkably, substantive analysis of State practice and opinio juris required to evidence that certain …
Are Enhanced Warfighters Weapons, Means, Or Methods Of Warfare?, Rain Liivoja, Luke Chircop
Are Enhanced Warfighters Weapons, Means, Or Methods Of Warfare?, Rain Liivoja, Luke Chircop
International Law Studies
Advances in science and technology have made it possible to improve the physical and cognitive capabilities of warfighters by biomedical interventions, such as the administration of drugs, the implantation of devices, and the magnetic stimulation of the brain. These advances raise the question as to whether enhanced warfighters ought to be considered weapons, means of warfare, or methods of warfare, for the purposes of the law of armed conflict. An affirmative answer to this question would make human enhancement subject to various restrictions arising from the law of armed conflict as well as arms control law. This article disagrees with …
The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens
International Law Studies
In the contemporary period, many military forces rely heavily on space-based assets to conduct operations across a wide spectrum of contexts. Such reliance necessarily exposes a correlative vulnerability that such assets may be degraded or destroyed, especially in a time of armed conflict. However, the legal framework that governs military action in space during a time of armed conflict is not well explored. This article examines the interaction between International Humanitarian Law (IHL) and the Outer Space legal regime. Harmonization of legal regimes is a goal of any reconciliation project, although such harmonization may not always be readily possible. In …
The Updated Commentary On The First Geneva Convention--A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Jean-Marie Henckaerts, Bruno Demeyere, Eve La Haye, Heike Niebergall-Lakner
The Updated Commentary On The First Geneva Convention--A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Jean-Marie Henckaerts, Bruno Demeyere, Eve La Haye, Heike Niebergall-Lakner
Georgia Journal of International & Comparative Law
This Article was originally published in 97 Int’l Rev. Red Cross, no. 900, 2015, at 1209– 26. It is reprinted with permission.
Conference On The 2016 Icrc Commentary On The First Geneva Convention: Public Panel Rapporteur Session, Matthew Coutreau, William Ogden
Conference On The 2016 Icrc Commentary On The First Geneva Convention: Public Panel Rapporteur Session, Matthew Coutreau, William Ogden
Georgia Journal of International & Comparative Law
No abstract provided.
Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák
Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák
International Law Studies
There are no molecules of air that could carry sound waves in the vacuum of outer space. Accordingly, space warfare may well become the first type of war whose signature sound would be—silence. But does the law of armed conflict (jus in bello) fall silent in times of Silent War? This article addresses the uncertainty at the heart of this issue. First, it delineates the relevant conceptual framework by examining the factual notion of “military space operations,” and its relationship with the legal concept of “armed conflict,” as well as the overlap between the potentially applicable bodies of …