Why do states who are committed to the principle of civilian immunity and the protection of non-combatants end up killing and injuring large numbers of civilians during their military operations? Bugsplat explains this paradox through an in-depth examination of five conflicts fought by Western powers since 1989. It argues that despite the efforts of Western military organizations to comply with the laws of armed conflict, the level of collateral damage produced by Western military operations is the inevitable outcome of the strategies and methods through which their military organizations fight wars. Drawing on their superior technology and the strategic advantage of not having to fight on their own territory, such states employ highly-concentrated and overwhelming military force against a wide variety of political, economic, and military targets under conditions likely to produce high civilian casualties. As a result, collateral damage in western-fought wars is largely both foreseeable and preventable. The book title is derived from the name of a computer program that had been used by the Pentagon to calculate probable civilian casualties prior to launching air attacks.

This book presents 12 essays that focus on the analysis of the problems prompted by cyber operations (COs). It clarifies and discusses the ethical and regulatory problems raised by the deployment of cyber capabilities by a state’s army to inflict disruption or damage to an adversary’s targets in or through cyberspace. Written by world-leading philosophers, ethicists, policy-makers, and law and military experts, the essays cover such topics as the conceptual novelty of COs and the ethical problems that this engenders; the applicability of existing conceptual and regulatory frameworks to COs deployed in case of conflicts; the definition of deterrence strategies involving COs; and the analysis of models to foster cooperation in managing cyber crises. Each essay is an invited contribution or a revised version of a paper originally presented at the workshop on Ethics and Policies for Cyber Warfare, organized by the NATO Cooperative Cyber Defence Centre of Excellence in collaboration with the University of Oxford. The volume endorses a multi-disciplinary approach, as such it offers a comprehensive overview of the ethical, legal, and policy problems posed by COs and of the different approaches and methods that can be used to solve them. It will appeal to a wide readership, including ethicists, philosophers, military experts, strategy planners, and law- and policy-makers.

This book is the outcome of a research project directed by Natalino Ronzitti, to explore the current status and future prospects of international humanitarian law of air warfare. This is achieved through the analysis of international customary law, the conventional provisions in force and the most recent State practice. As the most recent conflicts suggest, air warfare has known an exponential growth. However, even a rapid analysis of the international humanitarian law applicable to air warfare shows a defective and fragmentary situation. This book will fill the current gap that exists in legal literature and will critically review and evaluate recent State practice.

The concept that certain objects and persons may be legitimately attacked during armed conflicts has been well recognised and developed through the history of warfare. This book explores the relationship between international law and targeting practice in determining whether an object is a lawful military target. By examining both the interpretation and its post-ratification application this book provides a comprehensive analysis of the definition of military objective adopted in 1977 Additional Protocol I to the four 1949 Geneva Conventions and its use in practice. Tackling topical issues such as the targeting of TV and radio stations or cyber targets, Agnieszka Jachec-Neale analyses the concept of military objective within the context of both modern military doctrine and the major coalition operations which have been undertaken since it was formally defined. This monograph will be of great interest to students and scholars of international law and the law of armed conflict, as well as security studies and international relations.

Modern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.

With a renewed emphasis on national and homeland security, the United States is once again seeking to balance the needs of the state with both the rights of its citizens as well as those of other nations. This book represents an interdisciplinary approach to the legal dilemmas borne out by the war on terror-against the specific background of Afghanistan, Iraq, and this new kind of conflict. It is a strong contribution to a broader debate visible since 9/11, which will remain in the public eye for the foreseeable future. It addresses the overlap between religion, ethics, armed conflict, and law, within the context of the current conflict. While many issues in areas such as intelligence, reconciliation of civil liberties, dealing with terrorist threats, and the permissible bounds of interrogation, treatment of prisoners and laws governing armed conflict have long standing precedents under domestic and international law, this war has challenged even long standing legal interpretations. The contributors to this volume explore those precedents and contemporary challenges to them. Now that traditional wars between nation states are no longer the rule, the terrorist threat has gained credence (popularly, terrorism and its claimed breeding ground in failed states), linked in practice to issues of intervention on the territory of states harboring such groups. In military circles the idea of armed struggle between modern military forces and what were formerly called guerillas has now largely been replaced by asymmetric warfare and the concept of intelligence and preventive action interchangeably within U.S. borders and overseas. Opposing views contemplate that different-and presumably lower-legal standards may apply in internal armed conflicts. Such legal issues are visible under current circumstances of asymmetric warfare in conjunction with questions about prisoner status and detentions, including the permissible bounds of interrogation versus torture following the Abu Ghraib prison scandal in Iraq but also the treatment at the Guantanamo Bay facility of alleged Al Q'aeda captives from Afghanistan. All of the contributors in this book explore the changing circumstances against which these contentious new legal issues now unfold. The experts strike no consensus. Indeed, one of the work's many strengths can be attributed to the fact that the many facets of the ongoing debate are represented herein.