Suchergebnisse

International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards

"This volume provides a concise introduction to the issues and debates regarding modern piracy that include naval operations, law, and diplomacy, and focuses on the recent surge of attacks off the coast of Africa and Asia"--Provided by publisher

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 of all methods and means of warfare. The commander's military accountability pervades the battlefield. This accountability inures to the force structure, weapon systems and tactics used in war, including the use of AI weapon systems. Military accountability is the foundation of military duty and includes the legal obligation to comply with the law of armed conflict or international humanitarian law. The commander is accountable to superior military and civilian leaders, and is subject to political, institutional, and legal sanctions enforced through military order and discipline, including the Uniform Code of Military Justice. The doctrine of the commander's direct and individual accountability ensures that senior military leaders are answerable to and liable for breaches of law and leadership, including oversight, selection, and employment of autonomous weapon systems.

On December 15, 2012, the International Tribunal for the Law of the Sea
(Tribunal or ITLOS) ordered Ghana to resupply and, upon payment
of security, to refuel and release the Argentine naval frigate ARA
Libertad, which was being held by authorities in the Ghanaian
port of Tema. The Tribunal ordered release of the vessel in response to
Argentina's request for provisional measures under Article 290(5) of the United
Nations Convention on the Law of the Sea (Convention or
UNCLOS). The Tribunal accepted Argentina's prima facie showing
that the Libertad, a tall, three-masted sailing ship
commissioned in the Argentine Navy being used as a training vessel for officer
cadets, qualifies as a "warship" under Article 29 of UNCLOS,
and was therefore entitled to immunity and release to avoid irreparable harm to
Argentina pending the final outcome of the case (paras. 93–95).