Conclusions International Humanitarian Law and the Challenges of the Changing Technology of War

Abstract

This chapter explores how new technologies challenge the relationship between military thinking and international humanitarian law (IHL). It examines the ways in which IHL can and should impact the development and use of new autonomous weapons systems, cyber weapons, communications and data-analysis technology as well as so-called 'non-lethal' weapons. Recent advances in military technology - in particular the increased use of precision weapons - in accordance with the IHL principles of distinction and proportionality, has led to enhanced compliance with law. The military advantages created for States and organized armed groups in possession of such technologies and capabilities will likely lead, inexorably, to the increasing use of autonomous weapons systems, regardless of their contradictions with IHL. Military professionals and IHL specialists should begin to discuss how and when the law should permit States to use such autonomous platforms during armed conflict. Keywords:autonomous weapons systems; cyber weapons; data-analysis technology; international humanitarian law (IHL); proportionality