Technological Advances in Warfare: Legal Challenges imposed by Remote Attacks, Advanced Weaponry Systems in International Humanitarian Law

Abstract

It is difficult to outline means and ways covered by the term ‘new technologies’, which is notwithstanding the subject of fervid debates among philosophers, legal scholars, and the military. Developers need to be acknowledging of international humanitarian law principles that apply to the employment of weapons. Lawyers need to be aware of how a weapon will be operationally employed and use this knowledge to help formulate meaningful operational guidelines in light of any technological issues identified in relation to international humanitarian law. One of the discussed topics, the remote attack is nothing new, but with the advent of bound new technologies; attacks can be undertaken within which the assailant remains terribly remote from the scene where force can be utilized. This article too analyses the legal issues raised by attacks employing, respectively, remotely piloted vehicles, autonomous attack technologies, and cyber capabilities. The legal principles IHL such as distinction between civilians and combatants, prohibition of attacks against those hors de combat, prohibitions on the infliction of unnecessary suffering, principle of proportionality, notion of necessity, principle of humanity, observes that they all apply to remote attack and weaponry systems and proceeds to explore the challenges that arise from implementing the legal requirements. For the achievement of the objectives of the articles analyse on the secondary data such as Optional Protocol I to Geneva Convention 1949 The legal frame work with regarding the weaponry systems and legality of remote attacking should be revised in order to be complying with the international humanitarian law in a precise manner to save more civilian lives since the existing legal framework under the Optional Protocol I to the Geneva Convention 1949 seems insufficient to cover the legal issues that arise with advance technology.