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Legal aspects of the use of new technologies and weapons in the context of military operations

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

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Publication date: 05.06.2024

Lawyer

Legal aspects of the use of new technologies and weapons in the context of military operations

Introduction

With the development of new technologies, approaches to conducting military operations are also changing. The use of modern technologies and new types of weapons poses new challenges to international law that require careful legal regulation. This article examines the key legal aspects of the use of new technologies and weapons in a military context, including legal advice, document analysis, legal opinion, and a legal opinion of an attorney.

International humanitarian law

International humanitarian law (IHL) regulates the conduct of hostilities and aims to protect persons not participating in hostilities, as well as to limit the methods and means of warfare. The main documents are the Geneva Conventions and their Additional Protocols, the Hague Conventions, as well as other international agreements. These documents establish rules governing the use of new weapons and technologies, such as unmanned aerial vehicles (UAVs), cyber attacks and autonomous combat systems.

Use of new technologies and weapons

Unmanned Aerial Vehicles (UAVs): The use of UAVs for military purposes raises significant legal questions, particularly regarding compliance with IHL principles such as distinction, proportionality and necessity. UAVs can be used for reconnaissance, surveillance, as well as for striking.

Cyber ​​attacks: Cyber ​​attacks as a form of warfare are a relatively new phenomenon. They can cause significant damage to critical infrastructure, civilians, and military facilities. It is important to define the legal framework for the use of cyber attacks and liability for violations.

Autonomous combat systems: The use of autonomous combat systems that are capable of operating without direct human control raises questions about accountability for their actions and compliance with IHL.

Consultation of a lawyer

The consultation of a lawyer is necessary for the correct application of new technologies and weapons in the conditions of military operations. A lawyer can provide clarification on the legal aspects of the use of such technologies, help understand the international and national legal norms governing their application, and develop strategies to ensure compliance with IHL.

Analysis of documents

The analysis of documents is a key stage in determining the legal aspects of the use of new technologies and weapons. The lawyer studies international treaties, national laws, military instructions and other legal acts regulating the use of new technologies in military operations. This allows you to identify possible legal problems and risks related to their use and develop recommendations for their elimination.

Legal opinion

A legal opinion is the result of a detailed analysis of the legal situation and documents. In the conclusion, the lawyer provides a legal assessment of the use of new technologies and weapons in military operations, provides recommendations on compliance with international and national legal norms. Such a conclusion can be used to make decisions about legal strategies for the use of new technologies and to prepare for possible legal disputes.

Legal opinion of the lawyer

A lawyer's legal opinion is an official document that can be used in court and other legal proceedings. The lawyer provides an opinion that includes an analysis of the legal aspects of the use of new technologies and weapons, references to the relevant norms of international and national legislation, as well as recommendations for legal actions. This allows you to determine the legal positions of the parties in case of disputes and to prepare for court procedures.

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