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Session 9 Flashcards

Means and Method of Warfare (72 cards)

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1
Q

What is the central rule on means and methods of warfare under Additional Protocol I?

A

Article 35 states that the right to choose means/methods of warfare is not unlimited. (Crawford, Ch. 8)

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2
Q

What types of weapons/methods are prohibited under Article 35 of API?

A

Those causing superflouses or unnessecary suffering.

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3
Q

How is “superfluous injury or unnecessary suffering” evaluated?

A

By assessing whether the harm is disproportionate to the military advantage gained.

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4
Q

What are indiscriminate methods of warfare?

A

Methods that cannot distinguish between military targets and civilians, and are therefore prohibited. (Crawford)

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5
Q

Are declarations like the St Petersburg Declaration legally binding?

A

Not as treaties, but they may reflect or evolve into customary international law. (Crawford)

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6
Q

What does the St Petersburg Declaration (1868) prohibit?

A

Explosive or incendiary projectiles under 400g, now interpreted as banning dum-dum bullets for anti-personnel use. (Crawford)

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7
Q

What international instrument governs mines and booby-traps?

A

Protocol II of the CCW and the Ottawa Convention for anti-personnel mines. (Crawford)

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8
Q

What does the Ottawa Convention ban?

A

The use, stockpiling, production, and transfer of anti-personnel mines. (Crawford)

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9
Q

What international law regulates incendiary weapons?

A

Protocol III of the Convention on Certain Conventional Weapons (CCW). (Crawford)

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10
Q

What are non-detectable fragments, and are they banned?

A

Weapons that injure using fragments undetectable by X-ray, prohibited under Protocol I of the CCW. (Crawford)

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11
Q

Are blinding laser weapons legal under international law?

A

No, they are banned by Protocol IV of the CCW. (Crawford)

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12
Q

What does the Chemical Weapons Convention prohibit?

A

Development, production, stockpiling, and use of chemical weapons. (Crawford)

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13
Q

Are biological weapons prohibited?

A

Yes, by the Biological Weapons Convention. (Crawford)

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14
Q

What is Article 36 of Protocol I about?

A

It requires states to review the legality of new weapons before their use. (Crawford)

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15
Q

On what basis must new weapons be assessed under Article 36?

A

Based on their normal intended use, not potential misuse. (Crawford)

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16
Q

What is meant by “orders of no quarter”?

A

Orders that no prisoners will be taken ond no survivors; these are prohibited and considered war crimes. (Crawford)

-customary law, but also mentioned in treaties, as AP I art. 40

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17
Q

What is perfidy in warfare?

A

Tricking the enemy by pretending to be protected (like pretending to surrender or be a medic) is banned under international humanitarian law.

Customary and ADI, 37(1)

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18
Q

Is siege warfare allowed under IHL?

A

Yes, but you cannot starve civilians during a siege. That is banned. (Crawford)

Customary and AD I art. 54, The St Petersburg Declaration (preamble) says war should aim to weaken the enemy’s military—not to cause extra harm to civilians.

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19
Q

How does IHL deal with new things like cyber or robot warfare?

A

These must follow rules like avoiding civilians and being fair. But if they are legal is still being discussed. (Crawford)

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20
Q

What is beliggerent repraisal

A

An act that would normally be illegal in war, but is done in response to the enemy breaking the laws of war first.

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21
Q

Are belligerent reprisals lawful?

A

Only in rare and strict cases. If used wrongly, they break the laws of war. (Crawford)

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22
Q

What are autonomous weapon systems (AWS)?

A

AWS are weapons that can choose and attack targets without human help. (McFarland)

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23
Q

Why is AWS a big topic in new weapons?

A

Because it changes how war is faughts and raises legal questions under IHL. (McFarland)

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24
Q

Who is Tim McFarland?

A

He is a lawyer and engineer who studied AWS and IHL for his PhD. (McFarland)

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25
What is Article 36 of API about?
It says new weapons must be checked to make sure they follow the law. (McFarland)
26
Can commanders use weapons that passed an Article 36 review?
Yes, if they also follow other rules like those in Article 57. (McFarland)
27
Why is targeting law important for AWS?
Because AWS must follow rules about picking the right target and being careful. (McFarland)
28
What must an AWS be able to do?
It must find the right target and avoid wrong ones. It must take safety steps. (McFarland)
29
What if an AWS can't take all precautions?
Then it should not attack. (McFarland)
30
What does API Article 57(2)(b) say?
An attack must stop if the target is not military or will harm too many civilians. (McFarland)
31
Can AWS always follow Article 57(2)(b)?
No, that is hard. If it can’t, the attack is not legal. (McFarland)
32
Can AWS be used if they don’t follow key IHL rules?
No, they must follow rules like distinction and proportionality. (McFarland)
33
What methods of war are not allowed?
You can’t attack civilians or use methods that cause too much harm. (McFarland)
34
What new technology is changing warfare?
AI and machine learning are changing how wars are fought. (ICRC)
35
How can AI be used in weapons?
It can make weapons more autonomous — able to pick and attack targets on their own. (ICRC)
36
What are the risks of autonomous weapons?
They can act unpredictably, make biased choices, and be hard to explain. (ICRC)
37
How is AI used in cyber warfare?
AI can create cyber weapons and spread false information during war. (ICRC)
38
How is AI used in military decisions?
AI can help or even make decisions in targeting, detaining people, and planning. (ICRC)
39
What does Protocol I say about new weapons?
Countries must check if new weapons follow the laws of war before using them. (ICRC)
40
Why do legal reviews matter?
To make sure new weapons follow international rules and protect civilians. (ICRC)
41
What if a country isn’t part of Protocol I?
The ICRC still says legal reviews are common sense and should be done. (ICRC) - It doesn't mention anything wether or not it is a customary law
42
Do current laws always cover new tech?
Not always. New tech may need clearer rules or updates. (ICRC)
43
Does the ICRC list banned weapons?
No full list, but it warns about autonomous weapons with no human control. (ICRC)
44
Why is no human control a problem?
IHL rules are written for humans, not machines. ey IHL principles that require human control: Distinction: Only target military objects, not civilians. Proportionality: Civilian harm must not be more than the military gain. Precautions: Do everything possible to reduce harm to civilians. AI systems may not understand context well enough to apply these rules.
45
What does the ICRC want States to do?
Set rules to keep human control over autonomous weapons. (ICRC)
46
Are new AI weapons restricted?
Yes. All weapons must follow IHL rules like distinction and care in attacks. (ICRC)
47
Why is human judgement important in AI weapons?
Because only people can make the careful decisions war law requires. (ICRC)
48
What must AI systems be able to do in attacks?
Help fighters follow the law — like knowing who is a target and who is not. (ICRC)
49
Why does the ICRC warn that AI use in war may violate international humanitarian law (IHL)?
Because AI lacks human judgment needed for IHL rules like distinction, proportionality, and precautions. Machines can’t fully assess complex, context-specific situations, which may lead to unlawful attacks.
50
What technical issues with AI increase the risk of IHL violations in war?
AI can be unpredictable, biased, and hard to explain. Its “black box” nature, poor training data, and autonomous actions can cause unlawful harm, with little accountability.
51
What is the main legal debate about data in armed conflict, according to McCormack?
Whether digital data counts as an "object" under IHL. Most experts say it doesn’t, since it's intangible, but some argue essential civilian data should be protected like physical objects.
52
Why does McCormack suggest data should be considered an object under IHL?
Because targeting or damaging civilian data (like health or banking records) can seriously harm civilians. He argues that IHL’s purpose—to protect civilians—supports treating key data as protected objects.
53
Why does McCormack say data is important in modern conflict?
Because digital data is everywhere and very valuable. Damaging or stealing it can cause serious harm.
54
What real-life examples does McCormack use to show the impact of cyber operations?
the WannaCry ransomware attack.
55
Why might data not count as an object under IHL?
Because IHL usually protects physical things, and data is not tangible.
56
What does the Tallinn Manual say about data and attacks?
Most experts say data alone is not an attack, but harming data that affects systems or causes injury or damage can be an attack.
57
What was the minority view in the Tallinn Manual group?
That important civilian data (like medical records) should count as protected objects under IHL.
58
What concerns do scholars like Dinniss and Mačák raise about the majority view?
That it might leave important civilian data unprotected and let military data avoid being attacked.
59
What examples does Mačák use to show problems with the current view on data?
Targeting military databases and civilian health records—showing how damage to data can cause real harm.
60
Would stealing data (like the OPM hack) be considered an attack under IHL?
Likely not. Under Article 49 of Additional Protocol I, an "attack" involves acts of violence against the adversary, including physical harm or destruction. Data exfiltration, like the OPM hack, doesn’t cause physical damage or affect system functionality, so it does not meet the legal definition of an "attack" under IHL.
61
Would something like WannaCry, which encrypted data, be an attack?
Possibly yes. Under Article 49(1) of Additional Protocol I, an "attack" includes acts of violence against the adversary, especially those causing destruction, damage, or loss of functionality. If data encryption, like in WannaCry, disrupts systems or disables infrastructure, it may qualify as an attack under IHL.
62
What is the ICRC’s concern about data in war?
That important civilian data (like bank records or social security info) is not well protected under current IHL rules.
63
What does McCormack say about the future of data as an object in IHL?
There is little State practice now, but more people think data should be treated as an object, especially to protect civilians.
64
Is starvation of civilians allowed as a method of warfare under IHL?
No. It is prohibited under customary international law in both international and non-international armed conflicts.
65
Has starvation always been banned in warfare?
No. It was once lawful, as seen in the Lieber Code (1863), but is now a violation and possible war crime.
66
Where is the prohibition on starvation codified?
In Article 54(1) of Additional Protocol I and Article 14 of Additional Protocol II.
67
Does the starvation ban apply to states not party to the Protocols?
Yes. The rules reflect customary international law and apply to all states.
68
How is the prohibition on starvation supported in practice?
Through military manuals, national laws, official statements, and international condemnation.
69
What does Rule 54 of IHL prohibit?
Attacks on objects essential for the survival of civilians, such as food and water supplies. Customary law
70
What does Rule 55 of IHL prohibit?
Denial of access to humanitarian relief.
71
What does Rule 56 of IHL prohibit?
Attacks on or obstruction of humanitarian relief personnel.
72
What must parties do if a siege risks starving civilians?
They must allow civilians to leave or permit access to essential supplies and humanitarian aid.

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