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The term means and methods of warfare generally describes means and methods
that are used in an armed conflict those that are being used by parties to an armed
conflict in the conduct of hostility. It must be noted that Weapons that are used
outside of hostility cannot be termed as means and methods of warfare like weapons
used by law enforcement agencies. It’s a broader concept than weapons, for it
extends also to platforms and equipment’s1 which makes it possible for an attack2.
‘Methods of warfare’ generally refers to the way in which such weapons are used
during a military operation.3 The distinction evokes the difference often made in the
The distinction between mean and methods of warfare is not consistently upheld
and means sometimes has a broad meaning that is not limited to weapons, in
1
For example in aerial warfare Means and methods of warfare include weapons such as bombs, missiles and
rockets, and the aircraft executing the attack, also include other objects upon which the aircraft relies carrying an
attack, for example aircraft which providing target data and other essential information to an aircraft actual
engaging the attack qualifies as means and methods of warfare.
2
Commentary on the HPCR Manual on International law Applicable to Air and Missile Warfare, programs on
Humanitarian policy and conflict research at Harvard University, 2010, Pp. 41 and 55
3
Y. Sandoz et al. (eds), Commentary on the Additional protocols of the 8th July 1977 to the Geneva Convention
of 12 August 1949, ICRC, Martinus Nijhoff Publishers, Geneva 1987.
4
Weapons unlawful per se or by their nature
5
For example poison is unlawful in itself, as would be any weapon which would by its very nature, be so
imprecise that it would inevitably cause indiscriminate damage,… however a weapon that can be used with
precision can also be abusively used against the civilian population, in this case it’s not the weapon that is
prohibited but the method the way which its used
on Air warfare, use of aircraft for purpose of propaganda is considered means of
warfare the 1863 Leiber Code Article 101 describes deception of war as means of
warfare.
It should borne in mind that effects of usage of such weapons, with which
Automated weapon systems7: are not remotely controlled but function in a self-
contained and independent manner once deployed.8. Such weapons have high
combat capability and can perform what would be tedious work for long hours and
6
A Guide to the Legal Review of New Weapons, means and methods of warfare, ICRC Geneva, 2006, Pp. 17
Examples of such systems include automated sentry guns, sensor-fused munitions and certain anti-vehicle
landmines
7
Not to be confused with automatic weapons, which are weapons, that fire multiple times upon activation of the
trigger mechanism – e.g., a machine gun that continues firing for as long as the trigger remains activated by the
person firing the weapon.
8
Jakob Kellenberger, ICRC President, ‘International humanitarian law and new weapon technologies’, 34th
Round Table on Current Issues of International Humanitarian Law, San Remo, 8–10 September 2011,
Keynote address, p. 5, available at: http://iihl.org/iihl/Documents/JKBSan%20Remo%20Speech.pdf (last
visited 30 May 2015)
9
South Korea is developing robots with heat and motion detectors to sense possible threats. Upon detection, an
alert is sent to a command centre where the robots audio or video communications system can be used to
determine if the target is a threat. If so, the operator can order the robot to fire its gun or 40mm automatic
grenade launcher. ‘S. Korea deploys sentry robot along N. Korea border’, in Agence France-Presse, 13 July
2010, available at: http://www.defensenews.com/article/20100713/DEFSECT02/7130302/S-Korea-Deploys-
Sentry-Robot-Along-N-Korea-Border (last visited 30 May 2015).
The principal legal issue with automated weapons is their ability to discriminate
between lawful targets and civilians and civilian objects. The second main concern is
how to deal with expected incidental injury to civilians and damage to civilian
objects10.
Are weapons systems that can select and fire upon targets on their own without
human intervention; they would act on the basis of artificial intelligence, which
These weapons raised challenges to mean and methods of warfare as can they
uninvolved persons on the other side, can such systems evaluate proportionality of
attacks as robotics care doubted to be able to make such decisions, who can be held
operational.12
Is the action of penetrating another nation computer or network for the purpose of
10
Article 51(5)(b) and Article 57(2)(a)(iii) of AP I.
11
Although not fully deployed but countries like China, United Kingdom, Israel and Russia support and fund
development of such weapons. United States, United Kingdom, and Republic of Korea have deployed robotic
system with various degree of autonomy.
12
P. Warren, “Robot Warriors take over the battlefield. Future Intelligence. Future Intelligence. [Online
Document], 01 Mar 07. Available at: http://www.futureintelligence.co.uk/content/view/94/62/., Retrieved 30th
may 2015
13
Clarke, Richard A. Cyber War, HarperCollins. (2010)
their overall military strategy with some having invested heavily in cyber warfare as
a new domain in warfare as critical to military operation as Land Sea, air and space.
This raises legal question as how the law is able to categorize it to means and
methods of warfare. And also the question of the attacks carried by cyber warfare,
the people carrying the attacks fall under what level of distinction are they
Are weapon systems that they allow combatants to be physically absent from a zone
But the issue comes to question is the relevance of the surveillance data during the
attack how can the person holding the remote trigger ascertain the data provided as
at times he may not be present at the actual battle environment and depend on
cameras for visual conformation and the level of distinction in attacks using a visual
target from a monitor is not accurate as using normal eye sight at battle17.
14
As most hackers who perform cyber operation are just contractors hired for the task and not official military
personnel and sometime it cyber operations are conducted anywhere as long as a person has a laptop then he can
conduct a cyber-operation
15
Gaycken, Sandro, Cyberwar 2010.Pp 45 Cyber operation do not only cripple the communication medium of
military targets rather it also extends to civilians system as once its launched it has to control the magnitude of
damage caused, that cyberspace is characterized by interconnectivity and thus by the difficulty to limit the
effects of such operations to military computer systems
16
Andy Myers, ‘The legal and moral challenges facing the 21st century air commander’, in Air Power Review,
Vol. 10, No. 1, 2007, p. 81,
17
Remote controlled drones are a conspicuous example of a remote controlled weapons system.
2.2 Basic Principles of International Humanitarian Law.
For the purpose of this study these principles may be used to help interpretation of
the law when the legal issue are unclear of controversial, on the basis of technology
application in war, it’s a controversy and an unclear issue that in understanding its
application and legality you have to place in consideration these basic principles
which are;
The principle of distinction protects civilian persons and civilian objects from the
all times, and under all circumstances, between combatants and military objectives
on the one hand, and civilians and civilian objects on the other; and only to target the
former which is military targets. It also provides that civilians lose such protection
should they take a direct part in hostilities18. The principle of distinction has also
been found by the International Committee of the Red Cross to be reflected in state
International Humanitarian Law, a belligerent may apply only the amount and kind
of force necessary to defeat the enemy. Further, attacks on military objects must not
cause loss of civilian life considered excessive in relation to the direct military
18
Additional Protocol 1, Articles 48, 51-52, 57; Additional Protocol II, 13-16
advantage anticipated19. Every feasible precaution must be taken by commanders to
avoid civilian casualties.20 The principle of proportionality has also been found by
The principle of humane treatment requires that civilians be treated humanely at all
times21. Common Article 3 of the Geneva Convention’s prohibits violence to life and
person (including cruel treatment and torture), the taking of hostages, humiliating
and degrading treatment, and execution without regular trial against non-
Civilians are entitled to respect for their physical and mental integrity, their honor,
family rights, religious convictions and practices, and their manners and
19
Additional Protocol 1, Article 35 and 51(5)
20
Additional Protocol 1, Article 57, 58
21
Geneva Convention IV, Article 27
22
Additional Protocol 1, Article 75(1)
opinion is prohibited in the treatment of prisoners of war,23 civilians24, and
persons hors de combat.25 All protected persons shall be treated with the same
sex or political opinion26. Each and every person affected by armed conflict is
These are weapons that are prohibited to be used in warfare, generally weapons that
cannot afford the level of discrimination required by the law and those weapons that
cause unnecessary sufferings. Weapons that are prevented to be used are those types
St. Petersburg Declaration30, in its preamble imposes condition of weapons that are to
be used in wartime, if a weapon cannot fulfil these conditions then it will be banned
23
Geneva Convention III, Article 16
24
Geneva Convention IV, Article 13 and Common Article 3
25
Common Article 3
26
Geneva Convention IV, Article 27 and Common Article 3
27
Additional Protocol 1, Article 75(1)
28
Geneva Convention IV, Article 24, 27; Additional Protocol I, Article 76-78; Additional Protocol II, Article
4(3)
29
Article 22, Hague Regulations concerning laws and customs of war on Land
30
St. Petersburg Declaration to the Effect of prohibiting the use of certain projectiles in Wartime 29 November
1868
and prohibited, according to the declaration warring parties should use weapons
that the only legitimate object which States should endeavour to accomplish during
Weapons that for this purpose it is sufficient to disable the greatest possible number
of men; that this object would be exceeded by the employment of arms which
uselessly aggravate the sufferings of disabled men, or render their death inevitable
and the employment of such arms would therefore be contrary to the laws of
humanity. So weapons that don’t fall under this wording I considered a prohibited
International humanitarian law limits the methods and means used to wage war.
These restrictions apply to types of weapons used, the way they are and the general
conduct of all those engaged in the armed conflict. The main treaties placing
prohibition on methods and means of warfare are, The Hague Convention of 1907,
the 1977, Additional protocols to the Geneva Convections and a series of agreement
of specific weapons.
are not allowed and the way other weapons are used in Restriction. Also the use of
attacks, failure to wear uniform and identify oneself as a legal combatant, pillage
31
International Committee of the Red Cross, Weapons that may Cause unnecessary Suffering or have
Indiscriminate Effects: REPORT ON THE WORK OF EXPERTS, Geneva 1973, Pp. 12
terrorism, reprisal against protected persons or objects, misuse of protected emblems
means and methods required then it will fall under prohibited means.33
APPLICATION IN WAR
In general International Humanitarian law and its principle34 are the rules that
regulate the usage of technology in warfare, as the general principles and rules tend
to regulate and protect civilian and combatant against weapons of a nature to cause
technologies development, including those that were never anticipated at the time
the law was been drafted. There can be no doubt that international Humanitarian
law applies to new weaponry and all new technology used in wartime used in
32
Illegal or prohibited acts by E. Allison and R. K. Goldman available at: http://www.crimeofwar.org/a-z-
guide/illegal-or-prohibited-acts/ ( Retrieved on August 2015)
33
Like using of normal email messages to deliver a cyber-virus for cyber operation in military installations
amounts to perfidy or Drone attacks that tend to cause incidental loss of civilians
34
Principles of prohibition, distinction, limitation, proportionality and humane.
35
For example means and methods of warfare that are indiscriminate are prohibited.
36
Protocol Additional to the Geneva Conventions of 12 August 1949
under an obligation to determine whether their employment would in some or all
that;
So, while it may be assumed that the weapons systems already in the armoury have
37
34th round table on current issues of International Humanitarian law, San-Remo 8-10 September 2011, Dr
Jakob Kellenberger, Http:// www.icrc.org/eng/resources/documents/statement/new-weapons-technologies-
statement-2011-09-08.htm (Retrieved 24 June 2015)
38
Opened for signature 12 December 1977, 1125 UNTS 3, entered into force 7 December 1978 (API). See
generally Justin McClelland, ‘The review of weapons in accordance with Article 36 of Additional Protocol I’, in
International Review of the Red Cross, Vol. 85, No. 850, June 2003, pp. 397–415; Kathleen Lawand,
‘Reviewing the legality of new weapons, means and methods of warfare’, in International Review of the Red
Cross, Vol. 88, No. 864, December 2006, pp. 925–930; International Committee of the Red Cross (ICRC), A
Guide to the Legal Review of New, Means and Methods of Warfare: Measures to Implement Article 36 of
Additional Protocol I of 1977, 2006. For a thorough discussion of what is and is not a ‘weapon’ for the purposes
of legal review, see Duncan Blake and Joseph Imburgia, ‘“Bloodless weapons”? The need to conduct legal
reviews of certain capabilities and the implications of defining them as “weapons”’ ,in The Air Force Law
Review, Vol. 66, 2010, p. 157.
Additional Protocol I or customary law39, as the case may be, the position as to
future weapons will depend on how states in future go about that evaluation
process. We all appreciate that the treaty and indeed the customary law obligation is
to assess new weapons by reference to extant rules of law.40 The interesting question,
however, is whether states will in fact do so, and indeed whether they will
All weapons are adhere to the principles of International Humanitarian law and
means and methods, but as weapons become more technologically complex, the
will always will always result from a combination of its design and a manner which
it is used41. New technologies are recognized and are lawful but the manner that
they are used tends to raise legal question mostly raises question to the means and
methods of warfare.
The law provides for legal steps of an attack, the legal step under the law of armed
about the target, analysing that information to determine whether the target is a
lawful target for attack at the time of the attack; appreciating the potential incidental
effects of the weapon and taking feasible precautions to minimize those effects;
39
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims
of International Armed Conflicts (Protocol 1), 12 December 1977, 1125 UNTS 3 (entered into force 7
December 1979) (‘Additional Protocol I’),
40
Boothby W. H, Weapons and the law of armed conflict. Oxford University Press, Oxford, 2009
41
A Guide to the Legal Review of New Weapons, means and methods of warfare, ICRC Geneva, 2006, Pp. 17
assessing the ‘proportionality’ of any expected incidental effects against the
otherwise using the weapon such that its effects are directed against the desired
target; monitoring the situation and cancelling or suspending the attack if the
incidental effects are disproportionate.43, but also you should consider type of
weapon to be employed, and particularly relevant to this study is that there are also
ways of using an otherwise lawful weapon that might result in a banned effect (e.g.,
But with more advance technology weapons like Missiles, the complexity of the
weapon design introduces the potential for discrimination to be affected by: design
errors (e.g., the weapon does not fire straight or consistent with any sighting
Further the words of the Martens Clause45 assure us that customary law based on
humanity and the dictates of the public conscience protect even where no specific
legal rules have been agreed, hence also extends to the technology that has no
42
not just the particular attack of the individual
43
Article 57 (2) of Additional protocol 1
44
A. Backstrom and I. Henderson – New capabilities in warfare: an overview of contemporary technological
developments and the associated legal and engineering issues in Article 36 weapons reviews. Pp. 485
45
Hague Convention II with respect to the Laws and Customs of War on Land, 29 July 1899, 187 CTS 429
(entered into force 4 September 1900) (‘Hague Convention II’), preamble; Additional Protocol I, Article 1(2). It
reads: ‘In cases not covered by this Protocol or by other international agreements, civilians and combatants
remain under the protection and authority of the principles of international law derived from established custom,
from the principles of humanity and from the dictates of public conscience’.
International Humanitarian Law has banned various new technologies such as
blinding laser weapons or landmines, for instance. The same will be true for new
technologies: the lawfulness of new means and methods of warfare will usually
depend on their use, but it is not excluded that some weapons will be found to be
they will have to be banned. This is why the principle reflected in Article 36 of
Additional Protocol I that states should verify, when developing new means and
2.6 CONCLUSION
Means and methods of warfare are crucial and need to be adhered to as the law
further there numerous types of technology that are now present and considered
available for deployment, the law is considered to regulate all the technologies that
are ready for deployment and all that are in science fiction, but although the present
law is considered to govern means and methods of novel technology but still there
legal challenges that the law is facing regarding to means and methods of warfare
Technological advancement has been introduced into the modern battle field with
military platforms challenges current notions of what weapons and the ‘means and
methods of warfare’ are because of their capacity to filter and analyse information, to
draw conclusions, and to reach decisions. In short, both autonomous and remote
decision-making and which may make decisions over the use of lethal force in the
near future, contemporary remote weapons systems are capable of acting with
decrease the necessity and relevance of human oversight. Indeed, the operational
independence of contemporary remote weapons systems can relegate the role of the
human supervisor only to suspending or aborting attacks once they have been
deployed46.
There challenges that are brought upon by the application of new technology in war
that tend to affect the traditional means and methods of warfare, as the weapons
used and the manner such weapons are used do not conform with the provision of
Article 3647
46
McCoubrey, Hilaire. International Humanitarian Law. Aldershot, UK: Ashgate Publishing. 1999 Pp. 241
47
Additional Protocol 1
The legal issues raised by attacks employing new technologies. Must consider
proportionality, and the precautions principles, observes that they all apply to
Hillary Kiboro48, said that the use of technology for example drones and remote
weapons in general raises risk of identification of targets as there has been numerous
occasion that civilians are mistakenly and considered as military targets hence
targeted by attacks49. They cannot afford the level of distinction and ascertainment of
attacks that do not cause incidental injuries to civilians and unnecessary sufferings,
hard and abuses more likely as he is unable to make accurate judgement calls
Long distance means and methods of warfare also pose some questions as to the
relationship between, on the one hand, the use of new technologies to keep soldiers
out of harm’s way by limiting their exposure to direct combat, and on the other hand
48
Legal officer, International committee of the Red Cross (ICRC), Nairobi Regional Delegation
49
P. Chatterjee, ‘Should we allow NATO free rein to attack and kill people?’, in The Guardian,29 November
2011, available at: http://www.guardian.co.uk/commentisfree/2011/nov/29/nato-free-range-to-kill (last visited
August 2015) Reportedly, in 2010 ‘a U.S. military investigation...harshly criticized a Nevada-based Air Force
drone crew and American ground commanders in Afghanistan for misidentifying civilians as insurgents during a
U.S. Army Special Forces operation in Oruzgan province in February, resulting in the deaths of as many as 23
civilian
50
A. P. V. Rogers, Law on the Battlefield, Manchester University Press, Manchester, 2004, p. 23.
their humanitarian impact for the civilian population51. It is probably impossible to
say that the remoteness of soldiers from the battlefield will by itself create greater
risks for civilians. But given the aversion of many societies and governments to risk
the lives of their soldiers, there is a danger that the tendency towards so-called zero
casualty wars could lead to choices of weapons that would be dictated by this
law that protect civilians against the effects of hostilities. Just like high altitude
bombing might be safer for soldiers but also in certain circumstances indiscriminate
and unlawful, so new technologies, however protective for the troops, will always
have to be tested for their compatibility with humanitarian law and in particular
51
As weapons have become more capable and can be fired over a longer range, the ability to undertake combat
identification of the enemy at greater distances has become more important. Non-cooperative target recognition
(also called automatic target recognition) is the ability to use technology to identify distinguishing features of
enemy equipment without having to visually observe that equipment hence pose great danger to civilians within
the target
52
Jürgen Altmann, Peter Asaro, Noel Sharkey and Robert Sparrow, Mission Statement of the International
Committee for Robot Arms Control, 2009, available at: http://icrac.net/statements/ (this and all links last visited
June 2015).
53
Cyber operations are taken for the purposes of this study to consist of the use of a computer to interact with
another computer for purposes linked to a military operation. Cyber-attack is therefore, for similar purposes,
the use of a computer to target another computer and thus to cause violent effects, consisting of damage or
destruction to property or death or injury to persons. See Michael N. Schmitt, ‘Cyber operations and the jus in
bello: key issues’, in International Law Studies, Vol. 87, 2011, pp. 93–94.
‘means and methods of warfare’ that rely on information technology and are used in
the context of an armed conflict. The military potential of cyber space is only starting
to be fully explored. From certain cyber operations that have occurred, we know that
one party to a conflict can potentially ‘attack’ another party’s computer systems, for
civilian infrastructure might also be hit either because it is being directly targeted or
targeted. Hence this overrules the limitation of the choice of means and methods of
The greatest challenge is that the existing rules of international humanitarian law are
in general inadequate; there is scope for classification of existing rules and further
development of new rules. Thus there is a need to ensure better respect to the
existing rules.
The existing rules provide for technology application in the context of armed
technology that will be deployed for military usage not to conflict with the existing
On the basis of this study, attention has begun to turn to the question of whether
54
Sommer, Peter Reducing systematic cyber security risk, OECD Multi-disciplinary issues. Retrieved 30th May
2015
Law, has been considered to be weak and out dated on the aspect governance of
difficulties arise. Cyber space is built ensures anonymity and thus complicates the
given operation and thus the link of the operation to an armed conflict cannot be
the rise of new technology mostly in reference to cyber-attacks it lacks all the
importance for the application of the various rules giving effect to the International
specific definition of the term which is not identical to that provided for in other
branches of law. cyber operations by means of viruses, worms, etc., that result in
physical damage to persons, or damage to objects that goes beyond the computer
55
Legal officer, International committee of the Red Cross (ICRC), Somalia Delegation
56
Article 49 (1) of Additional Protocol I, "attacks" means acts of violence against the adversary, whether in
offence or in defence. The term "acts of violence" denotes physical force.
the sense of International Humanitarian Law. It is sometimes claimed that cyber
operations do not fall within the definition of "attack" as long as they do not result in
TECHNOLOGY IN WARFARE
Many Humanitarian law experts address the weakness of the law, the use of
technology poses a challenge to the law; as the law is inadequate equip to deal with
the issue of technology. He says that the fact that the law contain provision for
regulating and monitoring use of technological advanced weapons does not mean
The weakness of the law can be highlighted in numerous concepts as, the law is
increasingly use of technology brings about the challenges of persons who are
deemed to take part in hostility, in cyber technology the software expert and
Technological expert who maintain and provide technical and expert opinion in
status, they contribute to military attacks but do not cause any threshold of harm. So
57
Derived from Common Article 3 to the Geneva Conventions, the notion of direct or active participation
Jurists argue that technology brings about new concepts that are not covered nor
existed in the law hence making the law not adequate enough and weak in the
They argue more that technology brings about a conflicting understanding of the
technology, this is attributed by the long distance means and methods, capabilities of
scope of armed conflict, such as: where can a war be fought? Where is the battlefield
in an armed conflict (i.e., does it have a territorial scope tied to a nation state or a
conflict follow the participants wherever they may go? Issue of the “hot battlefield”,
and combatant status and location of hostilities59 hence still remain a conflicting
From these conflicting interpretation of the law and lack of precise meaning or
provision of the law hence gives rise to the debate that the law is weak and not
adequate to deal with these new technologies as there is still a lot of unchartered and
uncovered fields of new technologies that the law needs to venture upon, specific
law regarding use and application of technology in battlefield may be the only route
58
Eric Posner, “Obama’s Drone Dilemma”, Slate Magazine (8 October 2012), http://www.slate.com/ articles/
news_and_politics/view_from_chicago/2012/10/obama_s_drone_war_is_probably_illegal_will_it_stop_.single.
html.
59
Drone attacks carried out in Pakistan by the USA from bases in Nellis Air Force Base and Nevada Creech
base in Las Vegas far from the place where the actual attack is taking place.
But from the above contention I do not consider the law been that inadequate as
of technology in war hence it equipped itself for future challenges, as the general
maxim embodied in the Martens clause60 may be referred to here, namely that in
cases not included in applicable conventions, civilians and combatants remain under
the protection and the authority of the principles of international law, as they result
from the principles of humanity and the dictates of public conscience. This
international conventions.
3.2 CONCLUSION
Technology has legal impact to the means and methods of warfare, the challenges
are to try to ensure that the applicable law remains relevant as technology evolves. If
distance, the legal and ethical challenge lies in finding ways to ensure that the
vulnerable, the victims, retain the protection. Likewise, new technologies do not
change existing law, but rather must abide by it; taking into account that current
norms do not sufficiently regulate some of the challenges posed and might need to
be elaborated
60
Hague Convention. No. IV, Preamble Paragraph 8
61
McCormack TLH (1997) A non liquet on nuclear weapons—the ICJ avoids the application of general
principles of international humanitarian law. International Rev Red Cross. Pp. 90
4.0 CONCLUSION
This study has comprehensively made a critical analysis on the legal challenges of
warfare, the main objectives underlying the study was to examine technological use
analyse the legal challenges that are caused by the use of technological advancement
in warfare and factors behind legal challenges brought about by new technology.
This is evidenced by the research findings that technology poses legal challenges to
means and methods of warfare and the law of warfare in generally, There can be no
doubt that the basic principles of International Humanitarian law apply irrespective
of the novelty of the methods and means employed, the existing international
humanitarian law is sufficiently developed and flexible to cope with all the issues
surrounding the use technology in warfare and govern the means and methods
and increasingly technology systems should not mislead us to believing that there is
no necessity for a thorough and sober legal analysis of the existing law. The legal
issues surrounding the introduction of new technologies are not solved by mere
technologies do not change existing law, but rather must abide by it; taking into
account that current norms relating to means and methods do not sufficiently
regulate some of the challenges posed by new technology and might need to be
elaborated. The increasing deployment of new technology in the battlefield raises the
questions regarding to means and methods of warfare hence a setback to the law as
4.1 RECOMMENDATIONS
impact of technology visa vis the law of an armed conflict. There has to be an
awareness regarding the principles of the law that governs warfare and what are the
users of technology to comply with the law of warfare and wording of Article 36
hence limit effect of technology to the means and warfare, also citizens awareness
government policies regarding use of novel technologies as might also pressure the
banning of technologies that by their usage tends to affect means and methods of
warfare
New laws should be enacted as well as amendment of existing ones should be done
however specific law may be the only route to ensuring specific protection and
adequate regulation of means and methods of warfare. The existing law is capable
humanitarian concern that cannot be easily addressed by the existing law, specific
treaty regulation or law is required to address such concern hence raises a need of
amendment of the law and making of new law that will address specific the
challenge brought to International Humanitarian Law by the deployment of novel
Legal Instruments
Hague Convention II with respect to the Laws and Customs of War on Land, 29 July
1899
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International Review of the Red Cross Round Table on new weapons technologies and
International review of the Red Cross Blackstrom and I. Henderson; New capabilities
legal and engineering issues in Article 36, Weapons review Vol. 94 No. 886
summer 2012
International Committee of the Red Cross A Guide to the legal review of new weapon,
Dieter Fleck The Handbook of international Humanitarian law , Oxford University Press,
3rd Ed 2013
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Ramcharan, B. G, The concept and present status of the international protection of Human
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Round Table on Current Issues of International Humanitarian Law, San Remo, 8–10
What is New with Smart Weapons. 2007. Global Security. [Online Document], 03
http://www.globalsecurity.org/military/systems/munitions/intro-smart.htm Retrieved
on 30 May 2015
P. Warren, “Robot Warriors take over the battlefield. Future Intelligence: Future
may 2015