The Moral Responsibility Resulting from the Use of Mines in International Law

Abstract

The excessive use of technology during armed conflicts should not prevent belligerents from complying with the rules of the IHL. In contrast, new technology should play a major role in humanizing armed conflict. Unfortunately, the practical application reveals that the use of new technology during armed conflicts plays a negative role by increasing the number of casualties, thus rendering the process of rehabilitation even more challenging. Despite the excessive use of technology during armed conflicts, the general principles of IHL, such as chivalry, proportionality, excessive force-use prevention (in terms of quantity and quality), and force-use necessity limitation, are all somehow still in effect. We strongly believe that IHL principles should be stringent towards the negative use of technology. Excessive use of technology during armed conflict may provoke military commanders to hire the best hackers in the market, out of the armed forces cadre, to support military operations and achieve victory without consideration of IHL rules. This behavior could pose a threat to the value of the IHL rules and increase the risk of severe violations. Seeking victory should never be a pretext to resort to the negative excessive use of technology during armed conflicts, which may cause damages, targeting all States that have a history of recurring the excessive use of damaging technology.