Session 9: Means and methods of warfare: IHL regulation of weapons, tactics, and emerging challenges Flashcards
What does means and methods respectively mean?
‘means’ relates to all types of weapons and weapons systems, and ‘methods’ relates to the way in which such weapons are used, as well as ‘any specific, tactical or strategic, ways of conducting hostilities that are not particularly related to weapons
From which branch of IHL does the regulation of means and methods of warfare origin?
What are the two general weapons law principles and in which modern instrument are they codified?
Article 35, AP1: In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.
It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.
When is suffering or injury deemed to be unnecessary or superflous? How is his decided, relative to what?
It is ‘intended to restrain the suffering inflicted on opposing combatants, rather than civilians’. (Assessed form a medical point of view).
Related to ‘a harm greater than that avoidable to achieve legitimate military objectives’. (Proportionality)
When is a weapon inherently indiscriminate?
weapons that are incapable of distinguishing between civilian and military target. Moreover, lawful means and methods must not be employed in indiscriminate ways.
Which mechanism has been introduced i order to ensure that all weapons developed or fielded can comply with IHL?
Article 36 of Protocol I obliges parties to the Protocol to review the legality of any newly developed weapons prior to their employment:
What is the determination of the legality of a weapon to be based on when conducting art. 36-reviews?
Determination is to be made on the basis of normal use of the weapon as anticipated at the time of evaluation
Which types of weapons are regulated in the 1980 CCW? What kind of regulation does the Convention introduce – prohibitions, restictions or both? Does the CCW Protocols really introduce new rules? Which protocol contains the only preemptive ban of a particular weapon? What are the main problems/challenges of preemptive regulation?
Under what circumstances is siege warfare permitted? How does the principle of proportionality apply to siege warfare – describe the two different approaches and argue for the solution you think is best. Based on this approach, how would you assess the legality of the Russian siege of Azovstal in Ukraine?
An absolute siege of a military installation is permissible. However, where civilians are affected (that is, if the locality under siege has both civilian and military populations), then some of the key elements of siege warfare – cutting off supplies, destroying foodstuffs and water supplies – are prohibited.
What are the critical functions in relation to autonomous weapons systems?
According to the ICRC, what are the greatest legal risks of using machine learning as an enabler of autonomy in weapons systems? Do you agree that these are in fact legal risks?
How does data fit into the definition of military objectives in AP1 art 52? What is the main consequence of not considering data as a military objective? Are states’ approach to data as a military objective changing?
