Challenges to Contemporary International Humanitarian Law Connected with New Weapons Cover Image
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Предизвикателства пред съвременното международно хуманитарно право: новите оръжия и технологии (дрони)
Challenges to Contemporary International Humanitarian Law Connected with New Weapons

Author(s): Tsvetana Kamenova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: International humanitarian law; new weapons; drones; Geneva Conventions of 1949; ILA committes.

Summary/Abstract: The article discusses problems arisung from new weaponry development at the beginning of this century. It starts quoting the provision of Article 36 of the First Additional Protocole to the Geneva Conventions of 1949 - „New weapons". It reads: In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party. The application of previously established legal rules to new weapons in an armed conflict puts forward the question whether these rules are adequate to new developments. The drones are used by belligerent countries both as means for gathering intelligence information as well as armed drones for certain military operations. The article analyses the activity of the ILA committes as well as the involvement of the UN General Assembly in the discussion. The issues arising from the use of drones have not only theoretical but also practical dimensions for Bulgaria at present. Bulgarian army has received drones from the US Army earlier this year. Next to legal problems some issues of moral character and of responsibility are put forward in the article.

  • Issue Year: LV/2014
  • Issue No: 3
  • Page Range: 68-84
  • Page Count: 17
  • Language: Bulgarian
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