Technological Innovations and International Humanitarian Law: Challenges and Tensions

Abstract

In recent years, armed conflicts have changed in nature (civil war, ‘terrorism’) and the means used are increasingly technological (robotisation, cyberwar). Faced with these developments, some would claim International Humanitarian Law (IHL) is outdated. While these technological innovations present new challenges in the application of IHL, it still constitutes a relevant legal framework for armed conflicts and the conduct of hostilities. Indeed, the flexibility of IHL allows it to adapt to contemporary conflicts. Therefore, this shows that the statements about its obsolescence are primarily political in nature.

Keywords

• cyber war
• drones
• military robotization
• international humanitarian law
• principle of distinction
• proportionality
• precautions in attack