CORE PRINCIPLE AND PROHIBITIONS
THE
THE DEVELOPMENT
DEVELOPMENT OF
OF NEW
NEW WEAPONS
WEAPONS
TECHNOLOGIES
TECHNOLOGIES
Armed Drones : Since 2004 until today, more than
400 U.S. drone strikes have been conducted in
Pakistan alone, leading to the deaths of an
estimated 2000-4000 people. Investigative
journalists have argued that more civilians than
terrorist suspects have been actually killed by
these armed drones. Report published by the Law
Clinics of Stanford University and NYU have
presented a detailed picture of the impact of
drone strikes in Pakistan. Also, the drone strikes
led to various protests by the civilian population.
The use of such drones has also been observed in
other countries, including Yemen, and many states
such as France, Israel, and the Netherlands have U.S. Air Force MQ-9 Reaper
been developing their drone capacities.
Cyber Attacks : Specific area of warfare goes back to 2008, when Russia allegedly launched a series of
cyber attacks against Georgian websites. The cyber attacks were conducted during the Russian-Georgian
War over disputed territory in South Ossetia and occurred alongside military bombardment. Russia was
accused of spreading so-called fake news, as well as propaganda through official and commercial channels
as part of the cyber attacks. For example, the Georgian president at the time was likened to Adolf Hitler on
the Georgian parliament website. Several governmental and commercial news websites were also taken
down after Russian and Georgian forces clashed in August 2008. Thereby, preventing Georgia from
publishing reports on and inform its citizens about the war over South Ossetia. But Georgia is not the only
alleged victim of cyber operations. Cyber attacks have also been reported in countries such as Germany,
Iran, and Lithuania.
Killer robots : By 2016, China, for instance, had
already purportedly began testing autonomous
weapons systems on land, in the air, and at sea.
The US, UK, South Korea, and Israel seem also to
be in the process of developing and using
machines with greater combat autonomy. In
response to the potential future production of
these autonomous weapons systems by nations
with high-tech militaries, a coalition of NGOs have
launched the Campaign to Stop Killer Robots. This
campaign seeks to preemptively ban fully lethal
autonomous weapons for reasons including the
lack of human control over these systems, as well
as the inability of the weapons to understand the
contextual nuances often found in contemporary
armed conflict. By way of example, there is
concern that lethal autonomous weapons could
not comply with the principle of distinction or
carry out an assessment of proportionality for
military attack.
, DD
The conduct of hostilities has brought terrible suffering to mankind. Thousands
of combatants and fighters have been traumatized, injured, or killed. Civilians
have lost their belongings, their loved ones, and their lives. For more than 100
years, IHL has therefore had the primary objective to regulate the conduct of
hostilities and to minimize the suffering caused by war. As a result, IHL has
II
developed an extensive body of rules on the means and methods of warfare.
Means of warfare The principle of distinction
The means of warfare refer to the The parties to the conflicts must at
SS
types of weapons that are all times distinguish between
developed, possessed and used civilians and combatants, and
during armed conflict. between civilian objects and
military objectives. Attacks may
only be directed against
The methods of warfare
combatants and military
TT
Concerns specific ways in which
objectives. In general, it is
such weapons are used or in which
prohibited to carry out attacks
hostilities can be conducted.
against civilians and civilian
objects.
Rule of limited warfare
II
which rejects total war by The aim of this principle is to
providing the following and quote protect the civilian population
that, from the dangers arising from
military operations. The principle is
“The right of the Parties to the codified in Article 48, and Article
conflict to choose methods or 51, paragraph 2, as well as Article
NN
means of warfare is not unlimited.” 52, paragraph 2 of AP I. This rule is
also considered to form part of
This rule reflects the basic idea customary international law.
underlying IHL that any act of war
must balance the concerns of
humanityand military necessity.
CC
Combatants
The rule of limited warfare was Are described by AP I as the
initially qualified in Article 22 of members of the armed forces of a
the 1907 Hague regulations. party to an international armed
Restated in Article 35, paragraph 1 conflict with the exception of
medical and religious personnel.
TT
of the 1977 AP I. AP Iapplies to
international conflicts and is to Equally, Article 4A, paragraph 1 of
date ratified by 174 states. the third GC defines Prisoners of
war as members of the armed
The rule undisputedly forms part of forces of a party to the conflict as
customary international law. There well as members of militias and
II
are a few important principles volunteer corps forming part of
which follow from this rejection of such armed forces who have fallen
total war, namely, those of into the hands of the enemy.
distinction, proportionality, and
precautions, and the prohibition of IHL recognizes that the rights and
duties of war do not only apply to
OO
unnecessary suffering.
the regular armed forces, but can
extend to other organized armed
groups, such as militias or
volunteer corps. Members of these
other organized armed groups also
NN
receive combatant status provided
that they fulfill the following four
conditions, assimilating them to
the regular armed forces;
THE
THE DEVELOPMENT
DEVELOPMENT OF
OF NEW
NEW WEAPONS
WEAPONS
TECHNOLOGIES
TECHNOLOGIES
Armed Drones : Since 2004 until today, more than
400 U.S. drone strikes have been conducted in
Pakistan alone, leading to the deaths of an
estimated 2000-4000 people. Investigative
journalists have argued that more civilians than
terrorist suspects have been actually killed by
these armed drones. Report published by the Law
Clinics of Stanford University and NYU have
presented a detailed picture of the impact of
drone strikes in Pakistan. Also, the drone strikes
led to various protests by the civilian population.
The use of such drones has also been observed in
other countries, including Yemen, and many states
such as France, Israel, and the Netherlands have U.S. Air Force MQ-9 Reaper
been developing their drone capacities.
Cyber Attacks : Specific area of warfare goes back to 2008, when Russia allegedly launched a series of
cyber attacks against Georgian websites. The cyber attacks were conducted during the Russian-Georgian
War over disputed territory in South Ossetia and occurred alongside military bombardment. Russia was
accused of spreading so-called fake news, as well as propaganda through official and commercial channels
as part of the cyber attacks. For example, the Georgian president at the time was likened to Adolf Hitler on
the Georgian parliament website. Several governmental and commercial news websites were also taken
down after Russian and Georgian forces clashed in August 2008. Thereby, preventing Georgia from
publishing reports on and inform its citizens about the war over South Ossetia. But Georgia is not the only
alleged victim of cyber operations. Cyber attacks have also been reported in countries such as Germany,
Iran, and Lithuania.
Killer robots : By 2016, China, for instance, had
already purportedly began testing autonomous
weapons systems on land, in the air, and at sea.
The US, UK, South Korea, and Israel seem also to
be in the process of developing and using
machines with greater combat autonomy. In
response to the potential future production of
these autonomous weapons systems by nations
with high-tech militaries, a coalition of NGOs have
launched the Campaign to Stop Killer Robots. This
campaign seeks to preemptively ban fully lethal
autonomous weapons for reasons including the
lack of human control over these systems, as well
as the inability of the weapons to understand the
contextual nuances often found in contemporary
armed conflict. By way of example, there is
concern that lethal autonomous weapons could
not comply with the principle of distinction or
carry out an assessment of proportionality for
military attack.
, DD
The conduct of hostilities has brought terrible suffering to mankind. Thousands
of combatants and fighters have been traumatized, injured, or killed. Civilians
have lost their belongings, their loved ones, and their lives. For more than 100
years, IHL has therefore had the primary objective to regulate the conduct of
hostilities and to minimize the suffering caused by war. As a result, IHL has
II
developed an extensive body of rules on the means and methods of warfare.
Means of warfare The principle of distinction
The means of warfare refer to the The parties to the conflicts must at
SS
types of weapons that are all times distinguish between
developed, possessed and used civilians and combatants, and
during armed conflict. between civilian objects and
military objectives. Attacks may
only be directed against
The methods of warfare
combatants and military
TT
Concerns specific ways in which
objectives. In general, it is
such weapons are used or in which
prohibited to carry out attacks
hostilities can be conducted.
against civilians and civilian
objects.
Rule of limited warfare
II
which rejects total war by The aim of this principle is to
providing the following and quote protect the civilian population
that, from the dangers arising from
military operations. The principle is
“The right of the Parties to the codified in Article 48, and Article
conflict to choose methods or 51, paragraph 2, as well as Article
NN
means of warfare is not unlimited.” 52, paragraph 2 of AP I. This rule is
also considered to form part of
This rule reflects the basic idea customary international law.
underlying IHL that any act of war
must balance the concerns of
humanityand military necessity.
CC
Combatants
The rule of limited warfare was Are described by AP I as the
initially qualified in Article 22 of members of the armed forces of a
the 1907 Hague regulations. party to an international armed
Restated in Article 35, paragraph 1 conflict with the exception of
medical and religious personnel.
TT
of the 1977 AP I. AP Iapplies to
international conflicts and is to Equally, Article 4A, paragraph 1 of
date ratified by 174 states. the third GC defines Prisoners of
war as members of the armed
The rule undisputedly forms part of forces of a party to the conflict as
customary international law. There well as members of militias and
II
are a few important principles volunteer corps forming part of
which follow from this rejection of such armed forces who have fallen
total war, namely, those of into the hands of the enemy.
distinction, proportionality, and
precautions, and the prohibition of IHL recognizes that the rights and
duties of war do not only apply to
OO
unnecessary suffering.
the regular armed forces, but can
extend to other organized armed
groups, such as militias or
volunteer corps. Members of these
other organized armed groups also
NN
receive combatant status provided
that they fulfill the following four
conditions, assimilating them to
the regular armed forces;
