Essays On War In International Law

Essays On War In International Law-38
But the promotion of these principles and the development of the institutions to enforce them were strong enough that Walzer, in an important 2002 article, declared that there had been a “triumph of just war theory,” although he rightly also warned about “the dangers of success.” Among these dangers of success are overconfidence, complacency, and a failure to understand that new technologies can create new dilemmas regarding ethics and war. This issue of addresses how new technologies and political conditions create both challenges and opportunities in the prevention of war and constraint of violence within war.The issue begins with three essays assessing how specific emerging military technologies are influencing current and potential operations in war.

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Horowitz asks whether human accountability and responsibility will be possible with autonomous weapons and reviews the emerging debate about this potential revolution in military technology. And military technology development does not always lead to more destructive weaponry.

David Fidler’s essay focuses on cyber warfare, cyber espionage, and cyber coercion. Strategic Command, provides an insider’s look at nuclear targeting, the requirements of deterrence, and the ethical and legal considerations that can influence military planning and implementation. Lewis and I then examine the consequences of a potential change in the existing presidential guidance given to the U. One of the most important global political developments in recent years has been the rise of and the challenges to the responsibility to protect (R2P) doctrine.

Indeed, there are lively and ongoing debates concerning just war doctrine in a number of academic disciplines and also among policy-makers and policy analysts.

But these groups rarely speak to each other and there is a growing gap between strong scholarship regarding ethics and war and policy-relevant work that can influence government decisions and public debates.

New knowledge about post-conflict medical system failures raises questions about both the best practices to end wars and sustain peace accords and about whether political leaders systematically underestimate the costs of going to war before they make decisions about military interventions.

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These are just a few of the emerging dilemmas that caused the American Academy of Arts and Sciences to create a new initiative on New Dilemmas in Ethics, Technology, and War in 2014.Trends in universities prioritizing analytic philosophy in philosophy departments, formal models and game theory in political science departments, and social history over military history in history departments have all contributed to the relative neglect of the study of the evolution of just war doctrine, international law, and applications to real world security problems.The Academy project therefore gathered together an interdisciplinary group of scholars and practitioners–including political scientists, philosophers, ethicists, lawyers, physicians, historians, soldiers, and statesmen–for a series of small workshops to discuss these issues and review commissioned essays.Several technological innovations and political developments are changing the nature of warfare today in ways that pose complex challenges to the traditional standards that we use, under the influence of international law and just war doctrine, to judge governments’ and individuals’ actions in war.New technologies–including the use of drones, precision-guided weapons, cyber weapons, and autonomous robots–have led both to optimism about the possibility of reducing collateral damage in war and to concerns about whether some states find it too easy to use force today.Lloyd Axworthy, the former foreign minister of Canada, and A.Walter Dorn then explore the potential positive effects of technological developments–such as improved algorithmic forensic data analysis and autonomous surveillance vehicles–on peacekeeping operations, humanitarian crisis prevention, and post-conflict reconstruction.Drones provide the opportunity for more discriminate use of military force against targets, but can also provide a temptation to use military force more often or in more places than would otherwise be the case. commitment to a new war planning requirement–that U. nuclear weapons only be aimed against legitimate military targets that cannot be destroyed with reasonable prospect of success by conventional weapons–reduce civilian fatalities in a nuclear conflict, produce stronger adherence to the laws of armed conflict, and impact the credibility of deterrence?Walzer explores both the benefits and the dangers of drones from a just war theory perspective. Military technology is not developed in a political vacuum.The United Nations Charter in 1945, the 1949 Geneva Conventions, and the Geneva Protocols of 1977 created legal institutions to interpret and promote traditional just war principles such as nonaggression, protection of prisoners, proportionality, and noncombatant immunity.The collective set of such agreements, along with customary international law, form the laws of armed conflict and international humanitarian law.

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