The legality of invisibility technology in modern warfare
Kaitlin J. Sahni
Host item entries:
The Georgetown law journal, Vol. 103, issue 6, 2015, p. 1661-1678
This note argues that in most land warfare contexts, soldiers can lawfully utilize invisibility technology to hide themselves or their military equipment without violating the law of armed conflict. However, invisibility technology has greater potential for misuse than traditional forms of camouflage, particularly in urban environments, and the United States should be cognizant of the potential for, and proactive in preventing, such misuse in military operations. Part I of this Note describes the invisibility technology currently in development. Part II explains the obligation of the U.S. Armed Forces to test such technology before its adoption, use, or sale. Part III argues that the use of invisibility technology will not ordinarily pose problems of distinction. Part IV argues that invisibility techniques will normally constitute lawful ruses, as do more traditional forms of camouflage, but also highlights the potential for such technology to be used to commit unlawful perfidy. Finally, Part V explores the utility of invisibility technology in reconnaissance operations and the likely consequences for soldiers captured while employing such techniques.