War in the Spotlight

Conflict Law

“…51 Most modern armed conflicts are non-international in character involving a variety of kinds of armed groups. The Protocol develops and supplements Common Article 3 of the Geneva Conventions 53 (which we will discuss in the next section) without modifying its existing conditions of application 54 and relates to: 47 Akande 2012, p. 49, but note that some groups have reportedly attempted to make Article 96(3) declarations; Sivakumaran 2012, p. 221. The Protocol develops and supplements Common Article 3 of the Geneva Conventions 53 (which we will discuss in the next section) without modifying its existing conditions of application 54 and relates to: 47 Akande 2012, p. 49, but note that some groups have reportedly attempted to make Article 96(3) declarations; Sivakumaran 2012, p. 221.…”

“…50 For a discussion of the doctrinal aspects of these terms see Haines 2012a, pp. 54 The applicability of Article 3 Common to the 1949 Geneva Conventions will be considered in the next section of this chapter. 51 Tallinn Manual, Rule 23.…”

“…54 Unfortunately, although the Experts met on an annual basis from 2003 until 2008, there was in the end an absence of consensus among them on the important issues. A substantial group of experts, convened by the ICRC and the Asser Institute, discussed the issues surrounding the concept of direct participation in hostilities as that concept is reflected in treaty law.…”

“…The interpretation issue arose, however, because neither API nor common Article 3 defines what is regarded as amounting respectively to direct or active participation, terms which were taken to be largely synonymous. 54 Personal knowledge of the author who was a member of the Group of Experts from 2004 until 2008. 54 Unfortunately, although the Experts met on an annual basis from 2003 until 2008, there was in the end an absence of consensus among them on the important issues.…”

“…54 The legally significant issue of, arguably, most immediate concern is whether autonomous unmanned aircraft systems, as that term is being used in the remainder of this chapter, that are used to undertake attacks are capable of complying with the international law rules that regulate targeting. The fact that it may use algorithm-based or similar technologies to recognize an object or person as belonging to the class or type that it has been instructed or programmed to attack does not, for the purposes of this discussion, preclude the weapon system being classed as autonomous.…”