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Newport Rules Of Engagement Handbook
Newport Rules Of Engagement Handbook
International Law Studies
The Newport Rules of Engagement Handbook is published as a guide for the development of national and multinational rules of engagement for military operations. Its purpose is to assist users in the development of ROE for training, exercises, war games, and operations.
Legal Advisers In The Field During Armed Conflict, Yoram Dinstein
Legal Advisers In The Field During Armed Conflict, Yoram Dinstein
International Law Studies
Additional Protocol I to the Geneva Conventions of 1949 requires that legal advisers be made available to military commanders, particularly during hostilities. This treaty stipulation was quite innovative in 1977, but it has achieved widespread implementation, even among non-Contracting Parties. It is noteworthy that the United States—which objects to numerous provisions of Additional Protocol I—does not dissent from the article requiring legal advisers. A study of the practice of States, made by the International Committee of the Red Cross, confirms that the norm requiring that legal advisers be made available to advise military commanders in time of armed conflict currently …
Protection Of Data In Armed Conflict, Robin Geiss, Henning Lahmann
Protection Of Data In Armed Conflict, Robin Geiss, Henning Lahmann
International Law Studies
This article presents a novel way to conceptualize the protection of data in situations of armed conflict. Although the question of the targeting of data through adversarial military cyber operations and its implications for the qualification of such conduct under International Humanitarian Law has been on scholars’ and states’ radar for the last few years, there remain a number of misunderstandings as to how to think about the notion of “data.” Based on a number of fictional scenarios, the article clarifies the pertinent terminology and makes some expedient distinctions between various types of data. It then analyzes how existing international …
Command Accountability For Ai Weapon Systems In The Law Of Armed Conflict, James Kraska
Command Accountability For Ai Weapon Systems In The Law Of Armed Conflict, James Kraska
International Law Studies
The use of artificial intelligence (AI) in weapon systems enhances the ability of operational forces to fuse multispectral sensors to understand the warfighting environment, positively identify, track, and select targets, and engage them with the most appropriate effects. The potential for AI to help close the “kill chain” has raised concern that this creates a gap in accountability between the decisions of humans and the acts of machines, with humans no longer accountable for decisions made during armed conflict. This study suggests that there is no gap because the military commander is always directly and individually accountable for the employment …
Humanitarian Logic And The Law Of Siege: A Study Of The Oxford Guidance On Relief Actions, Sean Watts
Humanitarian Logic And The Law Of Siege: A Study Of The Oxford Guidance On Relief Actions, Sean Watts
International Law Studies
In terms of human suffering, few military operations have rivaled sieges and comparably harsh legal regimes have governed them. At a time when legal vindication of humanitarian interests in armed conflict is ascendant, conventional accounts of the law of war governing humanitarian relief may seem out of step, plagued with glaring gaps in humanitarian logic. In 2016, Oxford University professors published a United Nations-commissioned legal study—the Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict. The Guidance contends that during armed conflict international law prohibits belligerents from arbitrarily denying offers of humanitarian relief …
Neutrality And Outer Space, Wolff Heintschel Von Heinegg
Neutrality And Outer Space, Wolff Heintschel Von Heinegg
International Law Studies
This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the …
Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford
Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford
International Law Studies
This article considers how military lawyers completing weapon reviews might approach their legal duties if confronted with a weapon system that incorporates autonomous technology or artificial intelligence. The article begins by reviewing current and likely near future technological capabilities before considering whether existing international humanitarian law can adequately regulate these technologies. While noting the widespread lack of compliance with Article 36 of Additional Protocol I, the article argues that, properly applied, Article 36 is an effective gatekeeper for keeping unlawful weapon systems from the battlefield. After assessing the feasibility of a preemptive ban on autonomous weapons based on “meaningful human …
The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century
The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century
International Law Studies
The International Law Association Study Group on the Conduct of Hostilities in the 21st Century was established in 2011 and held its first meeting in 2012. The Study Group has explored numerous issues arising from the relationship between international humanitarian law (IHL) and international human rights law in the conduct of military operations, technological challenges posed by new weapons systems, and the basic principles of IHL in the conduct of hostilities. In 2015, the Study Group established three working groups focusing on core issues within IHL in relation to the conduct of hostilities in modern warfare. These working group topics …
Space Weapons And The Law, Bill Boothby
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …
The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner
The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner
International Law Studies
Since their publication in the 1950s and the 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides …
Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama
Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama
International Law Studies
There have been non-combat losses of nuclear-powered warships during sea trials and peacetime patrol missions. Nuclear contamination is spreading from some of these sinking sites. It is also conceivable that combat losses of nuclear-powered warships could cause contamination of civilians, civilian objects and the natural environment. If such combat losses occur at sea, both belligerent and neutral States will have to deal with a difficult question: to what extent and by who can harm resulting from such contamination be compensated for payment of damages. This article examines legal issues stemming from prospective combat losses of nuclear-powered warships from the perspectives …
The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.
The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.
International Law Studies
The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
International Law Studies
The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point …
Emerging Technologies And Loac Signaling, Eric Talbot Jensen
Emerging Technologies And Loac Signaling, Eric Talbot Jensen
International Law Studies
As States seek to weaponize new technologies such as robotics, cyber tools and nanotechnology, the current law of armed conflict (LOAC) that guides the employment of existing weapons will signal rules and principles that should guide national decisions on what new technologies to weaponize and how to do so in a way that ensures compliance with battlefield regulation. LOAC has served this "signaling" function historically with respect to innovative weapon systems such as balloons, submarines, airplanes, and nuclear weapons, and will continue to do so as nations look forward to potentially weaponizing emerging technologies.
Nanotechnology And The Future Of The Law Of Weaponry, Hitoshi Nasu
Nanotechnology And The Future Of The Law Of Weaponry, Hitoshi Nasu
International Law Studies
Novel applications of nanotechnology for military purposes are expected to have a transformative impact on the way in which wars can be fought in the future battlespace, with the potential to drive changes to the law of weaponry. This article considers the potential of military applications of nanotechnology to bring changes to the existing principles and rules of weapons law. It specifically focuses on the likelihood that more sophisticated, miniaturized and tailored weapons and weapon systems will be produced that enable mechanical precision of targeting with no or few civilian casualties.
Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis
Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis
International Law Studies
The rule against perfidy in armed conflict—one of the last echoes of honor and social order of war—is threatened by emerging technologies. Specifically, the employment of emerging technologies has muddied the already thin and grey line between acts which contravene the honor of warfare and legitimate ruses of war. In this article, the authors analyze perfidy, treachery and ruses of war as key concepts of international humanitarian law and consider their application to emerging technologies.
State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts
State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts
International Law Studies
International humanitarian law has developed through a pluralistic process. Its history reveals a pattern of rough proportionality between State opinio juris and non-State expressions of law. These diverse sources have maintained a respectable yet realistic balance between humanity and military necessity. However, current IHL dialogue presents a stark contrast to the vibrant and pluralistic exchanges of the past. The substantive input of non-State actors such as non-governmental organizations, tribunals, and scholars far outpaces the work of States. Parity of input, especially in quantitative terms, is surely too much to demand and surely not necessary given the special status of State …
The Law Of Armed Conflict's "Wicked" Problem: Levee En Masse In Cyber Warfare, David Wallace, Shane R. Reeves
The Law Of Armed Conflict's "Wicked" Problem: Levee En Masse In Cyber Warfare, David Wallace, Shane R. Reeves
International Law Studies
No abstract provided.
Anticipatory Self-Defense In The Cyber Context, Terry D. Gill, Paul A.L. Ducheine
Anticipatory Self-Defense In The Cyber Context, Terry D. Gill, Paul A.L. Ducheine
International Law Studies
No abstract provided.
International Law And Cyber Threats From Non-State Actors, Laurie R. Blank
International Law And Cyber Threats From Non-State Actors, Laurie R. Blank
International Law Studies
No abstract provided.
Territorial Sovereignty And Neutrality In Cyberspace, Wolff Heintschel Von Heinegg
Territorial Sovereignty And Neutrality In Cyberspace, Wolff Heintschel Von Heinegg
International Law Studies
No abstract provided.
Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn
Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn
International Law Studies
No abstract provided.
Methods And Means Of Cyber Warfare, William H. Boothby
Methods And Means Of Cyber Warfare, William H. Boothby
International Law Studies
No abstract provided.
Cyber Warriors In The Jus In Bello, Vijay M. Padmanabhan
Cyber Warriors In The Jus In Bello, Vijay M. Padmanabhan
International Law Studies
No abstract provided.
Classification Of Cyber Conflict, Michael N. Schmitt
Classification Of Cyber Conflict, Michael N. Schmitt
International Law Studies
No abstract provided.
The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks
The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks
International Law Studies
No abstract provided.
The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks
The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks
International Law Studies
No abstract provided.
Global Armed Conflict? The Threshold Of Extraterritorial Non-International Armed Conflict, Sasha Radin
Global Armed Conflict? The Threshold Of Extraterritorial Non-International Armed Conflict, Sasha Radin
International Law Studies
No abstract provided.
Precision Air Warfare And The Law Of Armed Conflict, Christopher J. Markham, Michael N. Schmitt
Precision Air Warfare And The Law Of Armed Conflict, Christopher J. Markham, Michael N. Schmitt
International Law Studies
No abstract provided.
The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin
The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin
International Law Studies
No abstract provided.