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The Impact of Emerging Technologies on the Law of Armed Conflict$
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Ronald T.P. Alcala and Eric Talbot Jensen

Print publication date: 2019

Print ISBN-13: 9780190915322

Published to Oxford Scholarship Online: November 2019

DOI: 10.1093/oso/9780190915322.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 29 October 2020

Law-of-War Precautions

Law-of-War Precautions

A Cautionary Note

(p.99) 5 Law-of-War Precautions
The Impact of Emerging Technologies on the Law of Armed Conflict

Sean Watts

Oxford University Press

While the humanitarian benefits of precautions undertaken to protect civilians during attacks are readily apparent, the operational and legal costs of precautions in the attack are less acknowledged. This chapter traces the nearly simultaneous growth of modern military information technology and law-of-war precautions. It showcases an array of benefits and costs of advances in military information technology and highlights underappreciated but persistent obstacles to situational awareness and decision making in military operations. It then traces the development by States, and the expansion and refinement by private commentators, of an international legal obligation to take humanitarian precautions in attacks. Finally, it identifies operational costs associated with precautions as free-standing international legal obligations. This chapter advises, in light of enforcement competencies and informational realities, that States reexamine precautions and temper public expectations concerning States' willingness and ability to undertake humanitarian precautions as they consider future development of the international law of war.

Keywords:   Protective measures, Armed attack, Military matters, International co-operation, Armed conflict

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