With the emergence of new war technologies, such as autonomous systems, cyberattacks, and armed drones, the question of regulating these tools has taken on considerable importance. Among the approaches considered, the integration of blockchains and International Humanitarian Law (IHL) proves crucial for framing the use of these innovations on the battlefield. This article will explore how these technologies can converge to ensure strict adherence to humanitarian standards during contemporary armed conflicts.
The Stakes of New War Technologies
Technological advancements have transformed the military landscape by introducing unprecedented means and methods of warfare. Cyber operations, for instance, possess devastating potential, allowing states and non-state actors to remotely attack critical infrastructure. Similarly, autonomous control systems, such as lethal autonomous weapons, raise new ethical and legal concerns. The increased complexity of modern conflicts demands in-depth reflection on control and regulatory mechanisms that can be applied to prevent abuses.
The Role of International Humanitarian Law
International Humanitarian Law constitutes the primary legal framework applicable to armed conflicts, responding to the challenges posed by the use of new technologies. The five fundamental principles of IHL — distinction, proportionality, military necessity, precaution, and non-discrimination — must be adapted to the reality of emerging technologies. Consultations and meetings, such as the XXXIIIrd INTERNATIONAL CONFERENCE of the Red Cross, aim to highlight these issues and seek viable solutions. It is imperative that existing rules are able to regulate conduct during hostilities, even when hostilities are conducted by autonomous systems or digital networks.
Blockchains as a Regulatory Instrument
The blockchain, a technology at the crossroads of innovation and security, offers promising solutions for regulating armed conflicts. As a decentralized and immutable ledger, blockchain can ensure the traceability of military actions and arms supply chains. It could enhance the accountability of state and non-state actors involved in military affairs by providing unprecedented transparency over military transactions and decisions. By integrating this technology into IHL, it will be possible to facilitate the implementation and oversight of norms governing conduct during conflicts.
The Challenges to Overcome
Despite its potential, integrating blockchains into IHL poses several challenges. First, it is crucial to ensure that the deployed technologies do not compromise the protection of civilians or humanitarian operations. The use of digital means could potentially disrupt the work of medical actors on the ground. Additionally, the legal responsibility for decisions made by autonomous systems remains unclear, raising questions about the accountability for actions taken during wartime.
The Importance of Legal Adaptation
For IHL to be effective in the face of this technological evolution, an update of its provisions proves necessary. This involves not only adapting existing texts to better reflect the reality of new technologies but also developing new normative instruments. This process must include the participation of states, international organizations, technology experts, and civil society, thus ensuring a comprehensive and collective approach. At the same time, it is essential to raise awareness and train military actors on the issues related to the design and use of these new technologies.
In this regard, it is pertinent to reflect on practical cases, such as those addressed in the report on how exceptional circumstances have been used to manage delicate situations, illustrating the ethical and legal implications better. To explore this theme, it is possible to refer to analyses such as the one available at the following address: Exceptional Circumstances and Crisis Management.
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