Lieber Institute for Law and Warfare

Given the potential impact and scope of #lawfare, it remains surprising that there is little in the way of a whole-of-government strategy to counter and prepare for lawfare #threats. Though the legal community has led the way in identifying the problem of lawfare, it cannot and should not go it alone in countering the threat, argues Crispin Smith. Read more: https://lnkd.in/gb_BZ-3f #ArticlesofWar

Future #conflicts will rely heavily on the use of emerging technology such as #drones and the advancement of autonomous systems. Just as battlefield #innovation is changing the way militaries think about procurement, it is also time to change the way the U.S. DoD conducts #weaponsreviews of these new capabilities to ensure it is an enabler of innovation, argues Michael Meier. Read more: https://lnkd.in/ddmh5mnz #ArticlesofWar

Conversation among States about technological developments in how wars are fought invariably involve a discussion of the lawfulness of those technologies under international law. Netta Goussac and Rain Liivoja explore in their post the critical role of #legalreviews in safeguarding #compliance with #IHL in the context of #military #AI capabilities. They argue that the distinctive features of such capabilities require a tailored approach to these reviews. Read more: https://lnkd.in/dFqyVTcm #ArticlesofWar CC: NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE)

Does the use of #AI in #offensive #cyber operations put #IHL to the test? Eric Pouw and Peter B.M.J. Pijpers unpack the challenges posed by the use of AI in offensive cyber operations during #armedconflicts from the perspective of international law. They argue that main challenges from the use of AI emerge from three distinct sources: the applicable legal framework; the intangible nature of #cyberspace; and the general properties of AI technology. Read more: https://lnkd.in/d5yuuny6 #ArticlesofWar CC: NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE)

The challenges posed by #AI decision support systems (#AIDSS) in military decision-making serve as a catalyst to critically reevaluate the role of humans in legally relevant military decision-making. Anna Rosalie Greipl argues that the normative conception of this relationship must be critically re-evaluated to preserve and restore #IHL’s delicate balance between military necessity and humanitarian imperatives. Read more: https://lnkd.in/eB_qvT4T #ArticlesofWar CC: NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE)

Is the rise of artificial intelligence (#AI) set to reshape the rules of #warfare? The prevailing consensus among States remains that existing international law continues to govern AI capabilities throughout their life cycle in the military domain. Antonio Coco examines the current state of international law as it applies to the use of AI in #armedconflict and argues that #technological #neutrality of international law does not resolve all of the legal and operational challenges posed by AI. Read more: https://lnkd.in/dsPK5972 #ArticlesofWar CC: NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE)

Artificial intelligence (#AI) is rapidly emerging as the defining disruptive #technology of our time and militaries are no less determined to harness the potential of AI. Kubo Mačák introduces the forthcoming series (and book) focusing on international law and #artificialintelligence in #armedconflict. Read more: https://lnkd.in/dMVe-yHX #ArticlesofWar CC: NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE)

#Customary #international #law and #treaty #law reveal fundamentally divergent positions on the legality of #nuclear #weapons, from countries that deem them inherently unlawful, to others that regard them as deterrent assets. William Boothby and Wolff Heintschel von Heinegg further explain that states disagree on whether to seek #nonproliferation or to ban nuclear weapons altogether. https://lnkd.in/dQq6t5r8

A series of contextual criteria must be considered to reach a legally sound result when assessing #indirect #collateral #damage. Robert Kolb argues that the key factors of excess, foreseeability, possibility to replace or repair items of benefit to civilians, and probability of occurrence are crucial for #proportionality determinations in #targeting decisions in the context of #LOAC. Read more: https://lnkd.in/dx2s2uas #ArticlesofWar

What does it mean for #civilian #harm to be “incidental” within the meaning of the #proportionality rule of the law of armed conflict (#LOAC)? The answer carries profound consequences for how we distinguish lawful military operations from #indiscriminate #attacks, argues Aurel Sari. Read more: https://lnkd.in/dR3XjsGR #ArticlesofWar