Policy Brief No.95 - October, 2020
Emerging Technologies Challenge International Humanitarian Law: Mapping the Issues
The shared understanding of the rules and the premise of International Humanitarian Law is challenged by the accelerated development of new military technologies. Is the existing IHL framework robust enough to protect civilians, combatants and the environment in the face of new military technologies? The judicial remedy of IHL is oriented to the past in the sense that its main task is to resolve cases that have already occurred. Therefore, it also tends to ex post relief, as is typical for paying “compensation” for damages. The challenge posed is to address the questions about what may happen in a risk society today. This paper addresses the question of how existing and emerging technologies impact IHL rules in order to consider how legal challenges posed will be responded to in the future.