Complex Battlespaces by Williams Winston S.; Ford Christopher M.;

Author:Williams, Winston S.; Ford, Christopher M.;
Language: eng
Format: epub
Publisher: Oxford University Press USA - OSO
Published: 2018-03-15T00:00:00+00:00

PART THREE

Complexity in Technology

9

The Principle of Proportionality in an Era of High Technology

Jack Beard*

I. Introduction

Outside observers may be surprised to learn that few legal issues associated with military operations give rise to as much deliberation and concern for lawyers and decision makers in command and operations centers as the principle of proportionality. This principle looms ever larger in modern and complex battlespaces, even as it faces challenges presented by new weapons systems and new methods of warfare. As dramatic advances in military technology continue to shape the conduct of military operations, lawyers must apply long-established rules like proportionality to new, increasingly complex situations involving these new technologies. Some of these technological developments may also present opportunities for the principle of proportionality to achieve greater relevance to the conduct of armed conflicts and even contribute to improved compliance by States.

The relentless pursuit of new military technologies by States continues to yield expanding lists of technology-related issues for lawyers to consider in applying the law of armed conflict to new threat environments and dynamic new battlespaces on land, on sea, in air, in space, and in cyberspace. This chapter briefly examines the application of the principle of proportionality in modern armed conflicts in the context of several critical yet still evolving military technologies: unmanned aerial vehicles, autonomous weapons systems, cyber capabilities, and outer space technologies.

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