Research Handbook on Remote Warfare


Research Handbook on Remote Warfare

9781784717001 Edward Elgar Publishing
Edited by Jens David Ohlin, Vice Dean and Professor of Law, Cornell Law School, US
Publication Date: 2019 ISBN: 978 1 78471 700 1 Extent: 528 pp
The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.

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The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.

Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons.

This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create.
Critical Acclaim
‘In an oversaturated market, it is very difficult to say anything new or interesting about drones, autonomous weapons systems, and cyberwarfare. This new Research Handbook, however, proves the happy exception. Jens Ohlin’s collection, which brings together some of the most innovative scholars in public international law, makes brilliant use of the concept of “remoteness” to interrogate how these means and methods of warfare are often merely new variations on old themes – but are also in some ways radically new, challenging some of our deepest legal and normative assumptions about the nature of war.’
– Kevin Jon Heller, Australian National University, Australia and University of Amsterdam, the Netherlands

‘Professor Ohlin has brought together a diverse group of talented scholars and practitioners to assess drones, cyber operations, and autonomous systems from a completely novel perspective – remoteness. In doing so, he and his team shed new and important light on topics that lie at the heart of future conflict. Additionally, by focusing on remoteness, this Handbook breaks loose from the intellectual stove-piping that characterizes our often-predictable assessments of emergent methods and means of warfare. It yields valuable insights into a characteristic of weaponry and tactics that will increasingly define warfare in the decades to come. It is a must-read for anyone concerned with international law in the battlespace.’
– Michael Schmitt, University of Exeter, UK

‘A highly original volume entering a very crowded field, its conceptual focus and the expertise of its contributors will make it a valuable addition to any legal discussion of remote and autonomous warfare. Despite the exceptional daily pace of technological advances, the Handbook’s chapters will have a long shelf-life and will inevitably influence some of the most intense controversies of the modern law of armed conflict.’
– Marko Milanovic, University of Nottingham, UK

Contributors: W.C. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiß, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. White


Part I The Concept of Remoteness in Warfare
1. Remoteness and Reciprocal Risk
Jens David Ohlin

2. The Principle of Distinction and Remote Warfare
Emily Crawford

3. Modern Drone Warfare and the Geographical Scope of Application of IHL: Pushing the Limits of Territorial Boundaries
Robert Heinsch

4. The Characterisation of Remote Warfare under International Humanitarian Law
Anthony Cullen

5. Remoteness and Human Rights Law
Gloria Gaggioli

6. Exploiting Legal Thresholds, Fault-Lines and Gaps in the Context of Remote Warfare
Mark Klamberg

Part II Remotely Piloted Vehicles and Cyber Weapons
7. Drone Strikes: A Remote Form of Self-Defence?
Nigel D. White and Lydia Davies-Bright

8. Drone Warfare and the Erosion of Traditional Limits on War Powers
Geoffrey Corn

9. Developing Norms for Cyber Conflict
William C. Banks

10. Some Legal and Operational Considerations Regarding Remote Warfare: Drones and Cyber Warfare Revisited
Terry D. Gill, Jelle van Haaster, and Mark Roorda

Part III Remoteness Through Autonomous Weapons
11. Remote and Autonomous Warfare Systems: Precautions in Attack and Individual Accountability
Ian S. Henderson, Patrick Keane and Josh Liddy

12. Autonomous Weapons Systems: A Paradigm Shift for the Law of Armed Conflict
Robin Geiß and Henning Lahmann

13. Making Autonomous Targeting Accountable: Command Responsibility for Computer-Guided Lethal Force in Armed Conflicts
Peter Margulies

14. The Strategic Implications of Lethal Autonomous Weapons
Michael W. Meier


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