In this chapter we investigate how the operational use of C-UAS systems is connected to the Rule of Law and International Humanitarian Law (IHL) in general. Additionally, we will elaborate on the review process of new weapons, means or methods as described in article 36 of Additional Protocol I of the Geneva Conventions (AP I), with a particular focus on emerging technologies. We also propose some considerations with regard to the novelty of emerging technologies and how -and under which rules, regulations and procedures- new countermeasures can be shaped. We will especially reflect on how the review process of the study, development, acquisition or adoption of new means and methods of warfare, in article 36 AP I, might have to evolve with regard to C-UAS systems that make use of emerging technologies such as data- and code-driven applications.
|Title of host publication
|A Comprehensive Approach to Countering Unmanned Aircraft Systems
|The Joint Air Power Competence Centre, von-Seydlitz-Kaserne, Römerstraße 140, 47546 Kalkar, Germany.
|Published - 15 Jan 2021
Bibliographical noteCountering UAS and drones is a challenge in both the military and civil
domains. Therefore, it is important to incorporate all available means and
to exploit any vulnerabilities to achieve this task. It is also important to
note that countering UAS and drones is already a security mission in peacetime, whereas most military defence applications are intrinsically designed
for a conflict scenario. To stimulate thought on a more comprehensive
approach when having to counter UAS and drones, this book provides
the reader with a broad assortment of the different military, civil, and legal
perspectives on the subject matter.
- New weapon systems
- Artificial intelligence
- International Humanitarian Law
- Law of targeting
- Rule of law