Lieber Studies Volume 7

The Future Law of Armed Conflict

Edited by Matthew C. Waxman & Thomas W. Oakley

Edited Volume, 280 Pages
ISBN: 9780197556726
Published June 11, 2021

Published by Oxford University Press


Disclaimer: Books in the Lieber Studies Series are not official publications of the United States Military Academy, Department of the Army, or Department of Defense. The views expressed in these volumes represent the authors’ personal views and do not necessarily reflect those of the Department of Defense, the United States Army, the United States Military Academy, or any other department or agency of the United States Government. The analysis presented stems from academic research of publicly available sources, not from protected operational information. 



Warfare is changing – and rapidly. New technologies, new geopolitical alignments, new interests and vulnerabilities, and other developments are changing how, why, and by whom conflict will be waged. Just as militaries must plan ahead for an environment in which threats, alliances, capabilities, and even the domains in which they fight will differ from today, they must plan for international legal constraints that may differ, too.

This volume considers how law and institutions for creating, interpreting, and enforcing it might look two decades ahead – as well as what opportunities may exist to influence it in that time. Such assessment is important as the U.S. and other governments plan for future warfare. It is also important as they formulate strategies for influencing the development of law to better serve security, humanitarian, and other interests. This volume examines not just specific questions, such as how might a particular technology require adaptive interpretation of existing law, but also grand ones, such as whether law is capable at all of keeping up with these changes.

Table of Contents
The Honorable John B. Bellinger III
Introduction: The Future Law of Armed Conflict
Matthew C. Waxman

Chapter 1: Future War, Future Law: A Historical Approach
Sir Adam Roberts

Chapter 2: The jus ad bellum anno 2040: An Essay on Possible Trends and Challenges
Terry D. Gill

Chapter 3: Coding the Law of Armed Conflict: First Steps
Ashley Deeks

Chapter 4: Big Data and the Future Law of Armed Conflict in Cyberspace
Paul B. Stephan

Chapter 5: Being More than You Can Be: Enhancement of Warfighters and the Law of Armed Conflict
Rain Liivoja

Chapter 6: The Law of Cyber Conflict: Quo Vadis 2.0?
Michael N. Schmitt

Chapter 7: The Laws of Neutrality in the Interconnected World: Mapping the Future Scenarios
Hitoshi Nasu

Chapter 8: The Future Law of Naval Warfare: Some Vessel Status Issues
Rob McLaughlin

Chapter 9: The Second Space Age: The Regulation of Military Space Operations and the Role of Private Actors
Christopher J. Borgen

Chapter 10: Coalition Warfare and the Future of the Law of Armed Conflict
Blaise Cathcart, QC

Chapter 11: Transatlantic Legal Cooperation and the Future Law of Armed Conflict
Steven Hill

Chapter 12: Who Gets to Make International Humanitarian Law in the Future: A Pluralist Vision
Alex Moorehead

Chapter 13: The Future of Military and Security Privatization: Protecting the Values Underlying the Law of Armed Conflict
Laura A. Dickinson

Chapter 14: A Discursive Analysis of the Chinese Party-State’s Potential Impact on the Law of Armed Conflict
E. John Gregory

Volume 7 Masthead

General Editor
Professor Michael N. Schmitt

Managing Editors
Colonel Shane R. Reeves
Colonel Winston S. Williams
Dr. Sasha Radin

Managing Editors
Professor Matthew C. Waxman
Lieutenant Colonel Thomas W. Oakley