Know your enemy: Implications of technology for intelligence standards in targeting under international humanitarian law

Marchant, Emma J ORCID: 0000-0002-9899-0991 (2020). Know your enemy: Implications of technology for intelligence standards in targeting under international humanitarian law. University of Birmingham. Ph.D.

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Abstract

The law governing the methods and means of conflict was largely codified in 1977. Since that time the technology available for intelligence, surveillance and reconnaissance has advanced considerably. This research aims to establish how these technological developments have altered the intelligence standards expected for target verification. The three principles of distinction, proportionality and precautions in attack are at the heart of this work and military doctrine has been investigated to further analyse state practice. In order to understand how different states approach the problem, the US, the UK and Germany have been used to compare and contrast approaches.

Due to the highly secretive nature of targeting protocols, this project analyses several incidents of mistaken targeting from recent conflicts to establish how these have been investigated, what standards have been applied, and by whom. Through this process it has been possible to establish that there are disparities in how the standards are viewed by various groups which could create variation in understanding. I suggest that increased transparency in certain aspects of the rules governing forces in conflict would aid the development of customary law and provide better protection for civilians.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):