This prescient Research Agenda sheds light on current and expected developments of military law. It provides expert guidance on the application of international law to military operations and assesses new challenges such as AI, hybrid warfare and the militarization of outer space.
Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.
This prescient Research Agenda sheds light on current and expected developments of military law. It provides expert guidance on the application of international law to military operations and assesses new challenges such as AI, hybrid warfare and the militarization of outer space.
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Using legal doctrinal and analytical methods, leading scholars and practitioners in the field survey the current legal landscape, providing a forward-looking analysis of emerging issues and future research. The book examines how international law regulates the use and application of armed force or coercive measures by the armed forces of States and other international actors in an armed conflict or in a ‘grey zone’ pre-conflict setting. Chapters interrogate the functions and rules of the different bodies of international law that govern the conduct of warfare. They also indicate where fault lines lie, and explore how developments in technology and the strategic environment can affect how the law is interpreted and applied.
A Research Agenda for Military Law is an essential resource for academics and students in the fields of international and humanitarian law. Legal advisors in the armed forces and governmental service will also benefit from the book's authoritative analysis of military law.
Arvustused
'This Research Agenda provides an insightful examination of the international legal regimes governing the use of armed force by states and other actors. It explores the interaction between these regimes, highlights existing gray areas, and identifies key topics for future research. Combining traditional themes with emerging issuessuch as the deployment of cyber capabilities, artificial intelligence, and the use of force in outer spacethe book offers a forward-looking perspective on a constantly evolving field. Authored by leading experts with both academic and practical knowledge and experience, it delivers a rigorous blend of legal analysis, critical evaluation, and pragmatic insight. This makes it an essential reference for scholars, policymakers, and practitioners alike.' -- Nicholas Tsagourias, The University of Sheffield, UK The co-editors of this Research Agenda have crafted a rigorous, sophisticated collection that adeptly bridges theory and practice. The work not only surveys the law but also engages critically with it, offering a clear articulation of the current legal landscape and a forward-looking analysis of the emerging questions and challenges that practitioners and academics will soon confront. -- From the Foreword by Michael N. Schmitt, University of Reading, UK and Sean Watts, United States Military Academy at West Point, USA
Contents
Foreword xi
List of abbreviations xiii
1 Introduction to the Research Agenda for Military Law 1
Paul A.L. Ducheine, Terry D. Gill, Peter B.M.J. Pijpers and
Marten C. Zwanenburg
PART I GENERIC TOPICS
2 The role of the jus ad bellum in the international legal
system and in the conduct of military operations 7
Terry D. Gill
3 Neutrality under current international law: the report of my
death was an exaggeration 17
J.F.R. Hans Boddens Hosang
4 Warfare below the threshold of war: hybrid threats and the
role of international law 29
Aurel Sari
5 Human rights and warfare 41
Steven van de Put and Marten C. Zwanenburg
PART II SPECIFIC TOPICS
6 Military law and the use of space 57
Marten C. Zwanenburg and Lonneke Peperkamp
7 Military law in the maritime dimension 71
Martin D. Fink
8 The elephant in the room: IT companies and the roads to
war 83
Peter B.M.J. Pijpers and Paul A.L. Ducheine
9 Artificial intelligence in contemporary conflicts and the
future of military law 97
Klaudia Klonowska and Jonathan Kwik
10 The new frontlines: digital rights protection in
contemporary armed conflicts 115
Asaf Lubin and Omar Yousef Shehabi
PART III Competitive/Complementary Legal Regimes
11 The use of law as a policy instrument and the
weaponisation of international litigation 129
Rogier J. Bartels
12 Non-state actors and warfare 143
Katharine Fortin
13 Reconciling legal obligations applicable to military
operations 157
Terry D. Gill and J.F.R. Hans Boddens Hosang
PART IV DISCUSSION
14 The way ahead for legal research in the domain of military
operational law and armed conflict 171
Paul A.L. Ducheine, Terry D. Gill, Peter B.M.J. Pijpers and
Marten C. Zwanenburg
Edited by Paul A.L. Ducheine, NATO Defence College, Rome, Italy and Faculty of Law, University of Amsterdam, Terry D. Gill, Faculty of Law, University of Amsterdam, Peter B.M.J. Pijpers, Faculty of Military Sciences, Netherlands Defence Academy and Faculty of Law, University of Amsterdam and Marten C. Zwanenburg, Faculty of Law, University of Amsterdam and Faculty of Military Sciences, Netherlands Defence Academy, the Netherlands
