Technological Advances in Weaponry, the Remoteness of Human Agency and the Erosion of Humanity in International Humanitarian Law

Since the end of the Cold-War, warfare has undergone significant change. Partly fuelled by an evolution in the type of international threats which States face, armed forces around the world have begun to utilise technology in the creation of better, more powerful and less human-oriented weaponry. Undoubtedly, this fact has significant repercussions for international humanitarian law (IHL) which exists, fundamentally, to restrict certain catastrophic methods of warfare and maintain the highest levels of morality and humanity during conflicts. Over 150 years since the birth of IHL, this project seeks to highlight how both Hague Law and the Geneva Conventions have become woefully inadequate in the face of technologically advanced weaponry. As a result, it will be proposed that an Additional Protocol is required which is specifically designed to restrict the use of drone warfare and autonomous weapons in order to ensure modern conflicts are in line with the overarching humanitarian principles of humanity and distinction. Furthermore, by engaging with the Ministry of Defence through the undertaking of personnel interviews, it will be stressed that there is inherent value in a further Additional Protocol from the perspective of the armed forces in terms of the mental health of military personnel. This idea has been supported by the International Committee of the Red Cross who has previously acknowledged that drones and autonomous weaponry have a legitimate role to play in the further protection of combatants. This thesis will place itself firmly within a critical interpretation of the rationale of IHL in this way, giving equal attention to the need to protect both civilians and combatants, and the role of technologically advanced weaponry in the hindrance, as well as advancement, of humanitarianism. A discussion of the interaction between IHL and international human rights law will be discussed here and how each can be applied effectively to mitigate the damaging effects of new technologies.

Significantly within my thesis, the topic of humanity will be at the forefront of the discussion. It is my belief that the ways in which warfare is conducted is crucial to the safety of both civilians and combatants as well as playing a significant role in the way in which post-conflict peace is built. However, it will be asserted that there is a significant problem in how civilians are distinguished and protected in and amongst lawful combatants by technologically advanced weaponry. Investigating the procedures of the armed forces which are in place to guide the decision-making process in the planning and execution of an attack is paramount in this discussion. Additionally, despite Article 36 of Additional Protocol One providing state parties with discretionary powers to develop new weapons, I will hypothesise that there is a danger in affording too much discretion in this regard. Without a purposeful Additional Protocol on emerging technologies, human agency and human morality could be removed from warfare and replaced with artificial intelligence to the detriment of IHL. As part of this discussion, I will seek to incorporate interview data gathered from weapons developers at BAE Systems, as a method of building more of a comprehensive picture of the UK's approach to the deployment of new weapons and comparing this approach to the data available for other countries, such as France, that employ a more restricted approach.

Conflicts around the world are somewhat inevitable but it is important to decide what kind of response to conflicts we want to see in the future and if the psychological and physical impacts of machine-led operations are part of this image. A re-engagement with the rationale behind IHL can prevent this in warfare as well as aid peace-building efforts.