international humanitarian law

  • Technological Innovations and International Humanitarian Law: Challenges and Tensions

    Author: Eric Pomès
    E-mail: epomes@ices.fr
    Institution: Catholic University of the Vendée – ICES (France)
    Year of publication: 2017
    Source: Show
    Pages: 205-223
    DOI Address: http://dx.doi.org/10.15804/ppsy2017213
    PDF: ppsy/46-2/ppsy2017213.pdf

    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 Faced with these developments, some would claim International Humanitarian Law (IHL) is outdated.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.

  • The Definition of the Armed Conflict in the Conditions of Cyber Warfare

    Author: Mateusz Piątkowski
    E-mail: piatkowskimat@gmail.com
    Institution: University of Łódź (Poland)
    Year of publication: 2017
    Source: Show
    Pages: 271-280
    DOI Address: http://dx.doi.org/10.15804/ppsy2017117
    PDF: ppsy/46-1/ppsy2017117.pdf

    The paper is presenting the examination of the cyberwarfare phenomenon in its legal context. The cyberattacks are increasingly effective measures of modern combat and would probably become the most crucial dimension of forthcoming armed conflict. The role of the international humanitarian law is to determine whenever the cyberattack is reaching the threshold of an armed conflict. The aim of the article is to present the existing framework of ius in bello in terms of its temporal scope of applicability, especially in the light of the Tallinn Manual on the International Law Applicable to Cyber Warfare. It supported conclusion that the international law requires an revision of the armed conflict definition to sufficiently addressed the challenges arising from growing cyber activity. 

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