The Future Law of Armed Conflict

Warfare is changing rapidly due to new technologies, geopolitical alignments, interests, and vulnerabilities, and militaries must plan for international legal constraints that may differ. This volume examines how law and institutions for creating, interpreting, and enforcing it might look two decades ahead and what opportunities may exist to influence it. It also examines whether law is capable of keeping up with these changes.

Format: Hardback
Length: 320 pages
Publication date: 16 August 2022
Publisher: Oxford University Press Inc

The face of warfare is undergoing a rapid and transformative shift, driven by a multitude of factors. New technologies, shifting geopolitical alignments, evolving interests, and emerging vulnerabilities are reshaping the nature, motivations, and actors involved in conflicts. As militaries prepare for a future where threats, alliances, capabilities, and battlegrounds may differ significantly from today, they must also account for international legal constraints that may evolve differently. This volume explores the potential future of law and institutions in the context of warfare, considering how they may adapt to meet the challenges of the next two decades. It also examines the opportunities available to influence these legal frameworks to better serve security, humanitarian, and other interests.

The assessment of this future is of paramount importance as governments, including the United States, plan for future warfare and develop strategies to shape the development of law to align with their security, humanitarian, and other objectives. This volume delves into not only specific questions such as how particular technologies may require adaptive interpretations of existing law but also broader questions about the capacity of law to keep pace with these rapid changes.

One key aspect of this exploration is the role of technology in warfare. As advancements in robotics, artificial intelligence, and other fields continue to revolutionize the battlefield, questions arise about how existing legal frameworks can accommodate these new tools and their implications for international law. For example, the use of autonomous weapons systems raises concerns about accountability, liability, and the potential for unintended harm. Similarly, the increasing reliance on cyber warfare and information operations poses challenges for traditional legal concepts such as sovereignty and territorial boundaries.

Another important consideration is the role of international institutions in shaping the future of warfare. As global conflicts become more complex and interconnected, the need for effective multilateral cooperation and regulation becomes increasingly apparent. The United Nations, in particular, plays a crucial role in establishing international standards, promoting peacekeeping operations, and providing humanitarian assistance. However, there are ongoing debates about the effectiveness and legitimacy of these institutions, particularly in the context of conflicts that involve non-state actors and violate international law.

To address these challenges, this volume proposes a range of ideas and recommendations. It suggests that governments should invest in legal and policy research to better understand the evolving nature of warfare and the legal implications of new technologies and strategies. It also advocates for the development of international legal frameworks that are flexible, adaptable, and responsive to the changing dynamics of conflict.

Furthermore, this volume emphasizes the importance of transparency, accountability, and human rights in warfare. It calls for the establishment of mechanisms to monitor and enforce international legal standards, particularly in situations of armed conflict. It also advocates for the protection and promotion of human rights, including the right to life, freedom of movement, and access to basic services.

In conclusion, the future of warfare is shaped by a complex interplay of technological, geopolitical, and legal factors. As governments and international institutions grapple with these challenges, it is essential to prioritize the development of law and institutions that promote peace, security, and human rights. By investing in legal and policy research, promoting transparency and accountability, and protecting and promoting human rights, we can build a more just and sustainable world.

Weight: 582g
Dimension: 162 x 244 x 27 (mm)
ISBN-13: 9780197626054