Yeni Silahlar ve Eski Hukuk: Uluslararası İnsancıl Hukuk Metinleri Modern Teknolojiler ile Yeterli Düzeyde Başa Çıkabilir mi?

Abstract

Military technology is developing incredibly fast. Drones, Autonomous Weapon Systems (AWS), and Cyberwarfare instruments have been resorted to by states and non-state actors in warfare. Yet, the developments and emerging challenges have not resulted in formal amendments to the existing regulatory framework of International law. Some believe that the current regime is required to be amended in accordance with developing technologies. Others support the idea that the rules and principles of the existing International Humanitarian Law regime need to be re-evaluated and re-interpreted according to changing conditions on the ground that a formal amendment process does not seem to be a feasible option because of the resistance of the powerful international actors. At this point, formidable questions arise such as; What are the challenges to interpreting existing rules and standards of the IHL regime amidst the increasing developing technologies? What levels of autonomy will be permissible for AWS to ensure compliance with international law principles, i.e., the principle of distinction in warfare? Which technologies or certain weapons can/should be restricted and outlawed? This article aims to come up with satisfying answers to these and further questions.