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- Arvidsson, Matilda, 1976
(författare)
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Who, or What, is the Human of International Humanitarian Law
- 2021
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Ingår i: S Pahuja & S Chalmers (eds) Routledge Handbook on International Law and the Humanities (Routledge, Abingdon 2020). - Abingdon : Routledge. - 9780367420741
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Bokkapitel (refereegranskat)abstract
- This chapter considers who the human of international humanitarian law (IHL) is or can be. Traditionally IHL treats the human as its point of departure as well as its ultimate telos. The human is identified and categorized as either civilian or combatant, placing the various ways in which one can pass as human in focus of the targeting process. Moreover, the lawfulness of the targeting process has been made dependent on a ‘human in the loop’ who can be held accountable for warfare acts. In this chapter I show how IHL invites a gender bias and fails to take into account how military targets are identified through emerging technologies in practice, including artificial intelligence (AI), in contemporary intelligent warfare. Finding that the law fails to take into account how military targets are identified and killed through processes that are only to a limited degree controlled by human actors, the call I make for an international posthumanitarian legal ordering of the laws of war is an urgent one.
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| 2. |
- Noll, Gregor, 1964
(författare)
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Life in the Ruins: International Law as Doctrine and Discipline
- 2021
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Ingår i: Routledge Handbook of International Law and the Humanities. - Abingdon : Routledge. - 9780367420741 ; , s. 36-44
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Bokkapitel (refereegranskat)abstract
- In this chapter I examine how the monastic order as a historical predecessor has shaped the discipline of international law and discuss the problems relating to the discipline’s attempts at secularisation. I argue that we should pursue a type of research which emphasises the process of secularisation in its practice, empirical as well as theoretical. Such an approach to research will not be able to limit itself to one area of knowledge but will be an interdisciplinary practice that simultaneously examines its disciplinary pre-conditions as well as the research matter. On this basis, I interpret the originality criterion as relating to the researcher’s ability to let the origin – Latin’s origo – emerge, rather than a display of personal creativeness.
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