The international legal framework has traditionally been divided into a "state of war" and a "state of peace." Most contemporary authorities still insist upon sharp and tidy categorization in this area, although some would prefer a three-fold or a multi-fold division, instead of the standard two-fold split. This whole approach has come under attack in recent years.A division into "states" of "war" and "peace" should theoretically produce simplicity and clarity. Instead, however, it leads to hopeless complications. This is clear as soon as any attempt is made to define the "state of war."
Already a controversial topic, legal debate and broader discussions concerning the amount of human control required in the employment of autonomous weapons—including autonomous cyber capabilities—continues. These discussions, particularly those taking place among States that are Parties to the 1980 Certain Conventional Weapons Convention, reveal a complete lack of consensus on the requirement of human control and serve to distract from the more important question with respect to autonomy in armed conflict: under what conditions could autonomous weapons "select" and "attack" targets in a manner that complies with the law of armed conflict (LOAC). This article analyzes the specific LOAC rules on precautions in attack, as codified in Article 57 of Additional Protocol I, and asserts that these rules do not require human judgment in targeting decisions. Rather, these rules prescribe a particular analysis that must be completed by those who plan or decide upon an attack prior to exercising force, including decisions made by autonomous systems without meaningful human control. To the extent that autonomous weapons and weapons systems using autonomous functions can be designed and employed in such a way to comply with all required precautions, they would not violate the LOAC. A key feature of determining the ability of autonomous weapons and weapons systems using autonomous functions to meet these requirements must be a rigorous weapons review process.
War and Armed Conflict : The Parameters of Enquiry / Dino Kritsiotis -- The History of International Humanitarian Law Treaty-Making / Frits Kalshoven -- Conflict Characterisation / Caitlin Dwyer and Tim McCormack -- Sources of the Law of Armed Conflict / Jann Kleffner -- Basic Principles / Nobuo Hayashi -- Impact of Human Rights Law / Noam Lubell and Nancie Prudhomme -- Combatants / Emily Crawford -- Military Objectives / David Turns -- Protection of Civilians in the Conduct of Hostilities / Emanuela Chiara-Gillard -- Direct Participation in Hostilities / Michelle Lesh -- Conventional Weapons / Mirko Sossai -- Chemical and Biological Weapons / Robert J Mathews -- Nuclear Weapons in International Law / Dieter Fleck -- Methods of Land Warfare / William J Fenrick -- Law of Naval Warfare / David Letts and Rob McLaughlin -- Air and Missile Warfare / Ian Henderson and Patrick Keane -- Detention under the Law of Armed Conflict / Chris Jenks -- Wounded and Sick, and Medical Services / James P Benoit -- Women and War / Helen Durham and Eve Massingham -- Children and the Law of Armed Conflict : Looking beyond the Protection Paradigm / John Tobin and Eliot Luke -- Cultural Property / Jadranka Petrovic -- The Protection of the Environment / Roberta Arnold -- The Protection of Humanitarian Relief : The Legal Framework / Alison Duxbury -- The Applicability of the Laws of Armed Conflict to Peacekeeping Operations / Daphna Shraga -- Occupation and Territorial Administration / Eyal Benvenisti -- Neutrality Revisited / Elizabeth Chadwick -- The Role of the International Committee of the Red Cross / Kelisiana Thynne -- Reciprocity and Reprisals / Shane Darcy -- State Responsibility / Charles Garraway -- Reparations for Violations in Armed Conflict and the Emerging Practice of Making Amends / Bruce Oswald and Bethany Wellington -- Individual Liability in International Law / Rob Cryer -- Investigations under International Humanitarian Law / Sasha Radin and Michael N Schmitt -- Role of International Courts and Tribunals / Jackson Nyamuya Maogoto -- Universal Jurisdiction over War Crimes / Luis Benavides -- Emerging Technologies of Warfare / Rain Liivoja, Kobi-Renée Leins and Tim McCormack -- Private Military and Security Companies / Nelleke van Amstel and Rain Liivoja -- The Rule of Law in War : A Liberal Project / Louise Arimatsu
"The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals, Part II: Principle of distinction, Part III: Means and methods of warfare, Part IV: Special protection regimes, Part V: Compliance and enforcement, Part VI: Some contemporary issues. Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field"--Unedited summary from book cover
