Cybernetic enhancement of soldiers : conserving hors de combat protections for combatants under the Third Geneva Convention
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Journal of law and cyber warfare, Vol. 7, no. 2, Fall 2019, p. 67-99
This article argues that the cybernetic enhancement of soldiers will pierce serious legal lacunae through the mask of hors de combat statuses under LOAC and GCIII, and that an additional Geneva Convention is necessary to address the incoming revolution in military affairs. Part I begins with the development of LOAC and elaborates on POW protections under the GCIII and hors de combat status determinations. Part II and III look at examples of cybernetic enhancements of combatants, such as brain-computer interfaces. The author argues that these enhancements will erode rather than bolster protections and lead to denials of POW status under the GCIII for captured or surrendering combatants. Last, part IV proposes plans for an additional Geneva Convention to address technology, including cybernetic enhancement, as a revolution in military affairs.