Emerging Technologies
When Corporations Take Offensive Measures Against States
Cyberattacks are increasingly inundating the private sector, and most States are unable or unwilling to provide adequate protection against these attacks. To mitigate this challenge, numerous corporations acknowledge that they have engaged in some form of active cyber...
The Kargu-2 Autonomous Attack Drone: Legal & Ethical Dimensions
In March 2021, a UN Panel of Experts on Libya reported a possible use of lethal autonomous weapons systems—such as the STM Kargu-2—which “were programmed to attack targets without requiring data connectivity between the operator and the munition: in effect, a true...
Technology, Humanity, and the End of War
The role of new technologies in targeting—including GPS-guided weapons, battle networks, collateral damage estimation methodology (CDEM), cyber, drones, and autonomous weapons—has been the focus of extensive analysis by security and legal scholars. But this...
The Future Character of War and the Law
In 2018, then Army Chief of Staff General Mark Milley wrote that socio-economic, political, and technological changes will “revolutionize battlefields unlike anything since the integration of machine guns, tanks, and aviation which began the era of combined...
A Pacifist-General’s Plan to Win America’s Next War
I’m not an absolute pacifist in the true sense of the word, but I’m about as close as you can get. I firmly believe in using military force only as a last resort. My view is shaped by my experience as both a soldier and lawyer. Most soldiers who have been in combat...
Biometrics on the Battlefield
We use biometrics on a daily basis. You need only think of unlocking your phone with your fingerprint, using iris recognition to pass through airport security, or the biometrics integrated into your passport. Considering the possibilities this technology...
NATO in Outer Space: A Domain Too Far?
This post examines whether Article 5 of the North Atlantic Treaty is applicable to armed attacks in outer space. NATO nations have recently recognized outer space as a new operational domain for the Alliance. Although the drafters of the North Atlantic Treaty...
Space Power, Space Force, and Space Law
Space is a unique operational domain not only due to its physics, but also due to its legal regime. Although Space Power, the inaugural doctrinal manual of the U.S. Space Force, does not focus on legal issues in and of themselves, it does mention at least one...
Cyber Operations and The Imperfect Art of “Translating” the Law of War to New Technologies
Since the inception of combat as an organized endeavor, humans have innovated new means and methods of warfare to gain advantage over their adversaries. Some of these innovations have been subtle. Others have been far more impactful and transformative,...
“DEEPFAKES” AND THE LAW OF ARMED CONFLICT: ARE THEY LEGAL?
The use of misleading “deepfakes” has risen dramatically across the globe. As with so much of emerging technology, deepfakes will inevitably become a part of armed conflict. While perfidious deepfakes would almost certainly violate the law of armed conflict, those...
Will Autonomy in U.S. Military Operations Centralize Legal Decision-making?
The growth of machine learning tools in military operations raises new questions about where the most critical decision points are located. Are the most important political, operational, and legal decisions made out in the field, where the tools are used, or in...