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Full-Text Articles in Military, War, and Peace
Twenty Seconds To Comply: Autonomous Weapon Systems And The Recognition Of Surrender, Robert Sparrow
Twenty Seconds To Comply: Autonomous Weapon Systems And The Recognition Of Surrender, Robert Sparrow
International Law Studies
Would it be ethical to deploy autonomous weapon systems (AWS) if they were unable to reliably recognize when enemy forces had surrendered? I suggest that an inability to reliably recognize surrender would not prohibit the ethical deployment of AWS where there was a limited window of opportunity for targets to surrender between the launch of the AWS and its impact. However, the operations of AWS with a high degree of autonomy and/or long periods of time between release and impact are likely to remain controversial until they have the capacity to reliably recognize surrender.
Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury
Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury
International Law Studies
The deliberate destruction by ISIS of religious and cultural property in both Syria and Iraq sparked widespread international condemnation and was described by UNESCO’s Director-General as constituting war crimes. Regrettably, the damage to and destruction of such property has become an all too common feature of the conflicts that have engulfed both States. The authors examine the legal obligations that apply to the parties in non-international armed conflict and the consequences of non-compliance. In light of the scale of the human suffering engendered by the conflicts, the authors first ask why international law protects such property in armed conflict.
Disguising A Military Object As A Civilian Object: Prohibited Perfidy Or Permissible Ruse Of War?, Kevin Jon Heller
Disguising A Military Object As A Civilian Object: Prohibited Perfidy Or Permissible Ruse Of War?, Kevin Jon Heller
International Law Studies
A number of scholars have claimed that it is inherently perfidious to kill an enemy soldier by disguising a military object as a civilian object. This essay disagrees, noting that conventional and customary IHL deem at least five military practices that involve making a military object appear to be a civilian object permissible ruses of war, not prohibited acts of perfidy: camouflage, ambush, cover, booby-traps, and landmines. The essay thus argues that attackers are free to disguise a military object as a civilian object as long as the civilian object in question does not receive special protection under international humanitarian …
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.
Russia’S Annexation Of Crimea: The Mills Of International Law Grind Slowly But They Do Grind, Robin Geiss
Russia’S Annexation Of Crimea: The Mills Of International Law Grind Slowly But They Do Grind, Robin Geiss
International Law Studies
In her speech at the Munich Security Conference in February 2015, Chancellor Angela Merkel unwaveringly said: “Europe’s borders are and will remain unalterable.” At the same time, however, most observers agree that Crimea will remain de facto under Russian control. Against this backdrop the article assesses the contemporary and possible future legal status of Crimea. Particular attention is given to the inseparability of the link between Russia’s unlawful use of force and the purported territorial status alteration of Crimea, the concept of remedial secession and Crimea’s current status as an occupied territory.
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
International Law Studies
The article examines the exact conditions for classifying an armed conflict under international humanitarian law against the backdrop of the crisis in Ukraine, taking into account the difficult factual situation on the ground and the involvement of the different parties to the conflict. Apart from dealing with the requirements of an international or a non-international armed conflict, it looks again into the specific circumstances for the “internationalization” of an internal armed conflict. In doing so, the author revisits the various approaches found in the jurisprudence of the International Court of Justice in its 1986 Nicaragua and 2007 Genocide judgments, as …
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
International Law Studies
The article considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. Of what use is legal rhetoric in the midst of politico-military conflict? The article reviews the laws of self-determination and territorial integrity and considers Russia’s changing arguments concerning these concepts over the cases of Kosovo, South Ossetia, and Ukraine. Inasmuch as international law is the vocabulary and the grammar of modern diplomacy, States may use legal rhetoric with multiple audiences in mind. While the shifts in Russia’s arguments may be due to strategic needs in specific conflicts, the legal …
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 …