Article

Precision air warfare and the law of armed conflict

by Christopher J. Markham and Michael N. Schmitt

• Israel yearbook on human rights, Vol. 43, 2013, p. 297-319
• International law studies, Vol. 89, 2013, p. 669-695

English

The authors argue that the increasing use of precision weapons is partially because they enable conformity with the Law of Armed Conflict (LOAC) principles of distinction, proportionality, and indiscriminate attacks. They further argue that the evolution of precision systems is altering interpretations of LOAC’s principles. Specifically, the authors suggest that 1) the relative precision displayed by American bombers in WWII would today be considered an indiscriminate attack, 2) what is considered excessive collateral damage under the principle of proportionality will vary depending on a party’s capacity to conduct precision air attacks, and 3) requirements of reasonableness for precautions in attack may require the use of precision munitions if available. The authors then consider three emerging but controversial systems that raise issues of the relationship between precision and LOAC. Firstly, they argue that Unmanned Combat Aerial Vehicles can reduce collateral damage due to their ability to gather intelligence in environments too risky for human pilots. Secondly, automated weapons systems should not be prohibited as a class, because they may soon be able to distinguish targets and perform damage estimates as well as humans can. Finally, the authors argue that even precision cyber attacks can do immense non-physical damage and this may force an evolution LOAC’s traditional definitions of attack and collateral damage, both o which are based on physical damage. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• Full text

• Israel yearbook on human rights / publ. under the auspices of the Faculty of Law, Tel Aviv University
• Israel yearbook on human rights [Vol. 43, 2013] / publ. under the auspices of the Faculty of Law, Tel Aviv University