From ancient to modern battlefields: Unconventional technologies and tactics in military warfare and their implications for International Humanitarian Law

Abstract

The changing nature of warfare in the 21st Century poses many challenges to the perceived applicability of International Humanitarian Law (IHL). Machines are used in every aspect of warfare, from surveillance to target elimination. One would ask: Why use humans with the availability of new technology in warfare? On the face of it, one may observe that the future of warfare is in the hands of technology with machines like drones, armed unmanned vehicles, and cyber warfare among the major players in future battlefields. However, it is incorrect to think that humans will be/are completely barred from participating in warfare, as they will still be/are participants behind the scenes, manufacturing, controlling, operating, and regulating the machines. Because of the evolution of these new forms of unconventional weaponry and tactics in military battle, there has been a shift in warfare. Nonetheless, the frequently inefficient nature of the international system, in addition to the need for consensus on International Law Conventions and norms, reflects the fact that new regulations, prohibitions and restrictions will only be in effect for a limited time. As a result, it is in the best interests of all parties to non-international conflicts to try to more strictly to respect existing IHL norms, which can only be achieved if states recognize the critical need for inclusive and corporative engagement, the reduction of human suffering, and the preservation of human dignity in times of violent armed conflict. The purpose of this paper is to provide a detailed assessment of emerging unconventional and conventional military tactics and technologies in modern warfare and give practical recommendations/solutions to address concerns raised by these forms of modern warfare especially in this century as plenty of the emerging technologies being used in warfare are not clearly provided for under International Law.