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| 12. |
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| 13. |
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| 14. |
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| 15. |
- Harrison Dinniss, Heather, 1973-
(författare)
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Cyber Operations in Outer Space
- 2017
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Ingår i: Outer Space Law. - Woking, Surrey : Globe Law and Business. - 9781911078197 ; , s. 323-333
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 16. |
- Harrison Dinniss, Heather
(författare)
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Military Human Enhancement : Legal aspects of the use of human enhancement technologies by the armed forces
- 2013
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- The current focus on an ever-increasing sophistication of weapons systems usually overlooks efforts of states to enhance the physical and mental capabilities of human soldiers. While such techniques and technologies have a long history (e.g. the use of drugs and alcohol in order to overcome fear and fatigue; the use of night-vision goggles etc.), they have attained a new quality. For instance, certain armed forces are introducing wearable robotics suit (Powered exoskeletons). Furthermore, the development of military applications of brain-computer interfaces continues, which would allow for direct communication between a human brain and a computer – and eventually vice-versa. These technologies raise a number of pertinent international legal issues, such as: What are the potential consequences for compliance with the rules and principles of the law of armed conflict? What implications may such technologies have for the accountability of states and individuals? And what would the use of such technologies mean for the human rights of the human soldier?
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| 17. |
- Harrison Dinniss, Heather, et al.
(författare)
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Soldier 2.0 : Military Human Enhancement and International Law
- 2016
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Ingår i: International Law Studies. - Newport, RI, USA : Stockton Center for the Study of International Law, U.S. Naval War College. - 2375-2831. ; 92, s. 432-482
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Tidskriftsartikel (refereegranskat)abstract
- Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their responsibility for the actions they take while under the influence of enhancements.
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| 18. |
- Hayashi, Nobuo, et al.
(författare)
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Conclusion: The Hostage Case, Present Day Knowledge, and Future Implications
- 2023
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Ingår i: Honest Errors? Combat Decision-Making 75 Years After the <em>Hostage </em>Case. - The Hague : T.M.C. Asser Press. - 9789462656109 - 9789462656116 ; , s. 289-300
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Bokkapitel (refereegranskat)abstract
- Seventy-five years after a US tribunal in Nuremberg acquitted Lothar Rendulic of devastating and forcibly evacuating Northern Norway, the Rendulic Rule stands firmly in international law. This concluding chapter summarises the anthology’s main historical, legal, and military-ethical findings. It provides an overview of the historical developments that culminated in the scorched earth tactics applied by the retreating German 20th Mountain Army under Rendulic’s command. It then discusses the preparations and legal peculiarities of the trial, as well as reactions to the judgment. The chapter shows that the case against Rendulic is arguably the wrong foundation for the no second-guessing rule, since he did not consider the complete devastation of Northern Norway and the forcible evacuation of its entire civilian population militarily necessary. Although the Rendulic Rule rests on meagre legal forensics, it has acquired legal significance in primary rules of conduct in the shape of the reasonable commander test in international humanitarian law and the mistake of fact defence in international criminal law. Numerous domestic, regional, and international courts and tribunals have applied the rule that nowadays has a strong legal standing. Yet, despite rapidly evolving military and information technology, reasonableness, empathy, and (institutional) bias in combat remain challenging issues
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| 19. |
- Hayashi, Nobuo
(författare)
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Do the Good Intentions of European Human Rights Law Really Pave the Road to IHL Hell for Civilian Detainees in Occupied Territory?
- 2015
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Ingår i: Journal of Conflict and Security Law. - Oxford : Oxford University Press (OUP). - 1467-7954 .- 1467-7962. ; 20:1, s. 133-163
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Tidskriftsartikel (refereegranskat)abstract
- This article cautions against the notion that the good intentions of European human rights law necessarily undermine international humanitarian law. In Al-Jedda, despite some suggestions to the contrary, the European Court did not misconstrue the law of belligerent occupation. The court erred, however, in assuming that the duty of non-detention under Article 5(1) of the European Convention can only be ‘displaced’ by a counter-duty of security detention. Whereas the law of belligerent occupation does not impose such a counter-duty, it does empower the occupation authorities to detain on security grounds, and exercising this power would frustrate observing Article 5(1) and vice versa. The norm conflict was soluble, but the would-be need to modify the scope and/or content of Article 5(1) or the law of belligerent occupation, rendered the European Court ill suited for the task. Nevertheless, the court’s ruling against the UK need not mean that European occupying powers suddenly have no choice but to kill rather than detain without charge (and risk lawsuits later) when countering security threats. On the contrary, the law of belligerent occupation helps the occupiers devise Al-Jedda-compliant detention regimes. The judgment’s repercussions are direr for the internment of prisoners of war.
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| 20. |
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