Conclusion: Challenges of New Technologies for the Law of Armed Conflict

Abstract

The project which led to this volume focused upon examining two issues: The primary legal challenges arising from the use of new technologies in warfare, most particularly with regard to foreseeable humanitarian impacts within the battlespace; and possible future directions of interpretation, application and progressive development in the law of armed conflict, in light of the challenges presented by the specific characteristics of each new form of technology. The prevailing view among scholars and practitioners at the summative Workshop held at the Australian National University in September 2012 was that the law of armed conflict, as it currently exists, remains flexible enough to meet the challenges posed by the introduction of new and anticipated technologies into warfare. Many chapters of the present volume have reinforced this view, whilst nevertheless identifying some of the seams where further, and more informed, debate is required in order to clarify the law in terms of its application or interpretation. This concluding chapter returns to the four thematic issues that emerged during the discussion at the September 2012 Workshop, and briefly reflects upon how the contributors to this volume have considered those themes and addressed the potential for the law of armed conflict to accommodate these varied—and highly variable—technological challenges.

H. Nasu is Senior Lecturer and R. McLaughlin is Associate Professor at the ANU College of Law, Australian National University, Canberra, Australia.