In this, the second decade of the twenty-first century, the law relating to conflict is
confronted by a number of challenges that this book seeks to identify and to
discuss. It was a deliberate decision that the book should cover the whole spectrum
of conflict from general war to situations below the armed conflict threshold. The
title ‘Conflict Law’ should be seen in that light.
Old legal certainties based on a bi-polar system of war and peace have given
way to ambiguities as we apply the current, more extensive legal spectrum of
conflict to contemporary transnational conflicts involving loosely affiliated armed
groups. Gaps in treaty law governing armed conflict seem unlikely to be filled in
the short term, so what is the legal status of the numerous writings of Experts that
we have seen in recent decades? The Internet offers a new environment in which
hostilities can be conducted and for which there are no treaty rules of the game.
Technological advance seems likely to produce, in both the real and virtual
environments, increasing numbers of automated and, in due course, autonomous
weapons that make their own attack decisions, which the machine then implements.
How does a body of law written on the implicit premise of human decisionmaking
cope with the onward march of the empowered machine?
Weapons technology continues to advance at a rapid pace, but states are obliged
to apply existing legal principles when determining the legitimacy of the new tools
of war. Determining how the rules should be applied to cutting edge technologies,
such as autonomous, cyber, nanotechnology and outer space weapons, is going to
be an important undertaking. Remote attack techniques that render the attacker
invulnerable, effects-based operational thinking that seeks to expand the envelope
of permissible targeting, the persistent issues associated with asymmetry and a
likely depopulation of the battlefield seem likely to cause some to question deeprooted
legal principles. Despite these technological developments, however,
people will remain central to the conduct of hostilities, although their roles may
change over time and increasing involvement of civilians may become legally
problematic.