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Advancing Weapons Technology and the Future of Warfare: Strategic, Legal and Ethical Perspectives

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Advancing Weapons Technology and the Future of Warfare: Strategic, Legal and Ethical Perspectives Advancing Weapons Technology and the Future of Warfare: Strategic, Legal and Ethical Perspectives A thesis submitted in fulfilment of the requirements for the Degree of Master of Arts Jenna Guest University of Canterbury 2011 Acknowledgements First and foremost I wish to express my gratitude to my academic supervisor Dr Jeremy Moses, whose understanding and kind words created a thesis out of a jumble of ideas. Your time and patience were invaluable and much appreciated. I have a lot of people to thank for not only helping me through my thesis but also through my undergraduate study. I would like to thank my family. My parents and sisters, who have always been supportive whatever my endeavour. Without your love and encouragement this journey would not have been so fun. I would also like to thank my partner Chris Blackmore and his family Richard, Cath and Sam Blackmore for the love and support they have given me, including a roof over my head when needed. Thank you to Jess Roche and Laura Blackwell who made the 5th floor so enjoyable, your helpful ideas, long chats and occasional trips to the mall (or Foundry) kept a smile on my face. David Jackson, Tammie Cookson and Kirsten McIntosh thank you for always listening and supplying me with coffee and hugs. Finally I would like to thank the staff of Canterbury University Political Science Department. In particular I would a like to thank Jill Dolby, who always had the answers to my questions and who helped me stay on track. Also, thank you to Amy Fletcher who I will continue to see not only as a fantastic lecturer but also an inspiring person. Contents Chapter 1: Introduction ........................................................................................................................... 1 Precision Guided Munitions............................................................................................................ 2 Unmanned Aerial Vehicles and Unmanned Combat Aerial Vehicles ............................................ 3 The War in Afghanistan .................................................................................................................. 6 Perspectives – Strategic, Legal and Ethical .................................................................................... 7 Chapter 2: New Weapons Technology and the War in Afghanistan .................................................... 11 The War in Afghanistan .................................................................................................................... 12 Beyond the War in Afghanistan ........................................................................................................ 13 General Perceptions of New Weapons Technology.......................................................................... 16 Conclusion ........................................................................................................................................ 20 Chapter 3: Strategic Perspectives .......................................................................................................... 21 The Changing Face of Warfare ......................................................................................................... 22 Strategic Advantages ........................................................................................................................ 24 Strategic Weaknesses ........................................................................................................................ 27 Conclusion ........................................................................................................................................ 30 Chapter 4: Legal Perspectives ............................................................................................................... 32 The Laws of War .............................................................................................................................. 33 Geneva Conventions ..................................................................................................................... 33 Challenges to Law by Advancing Weapons Technology ................................................................. 35 Condemnation ............................................................................................................................... 35 Principle of Proportionality ........................................................................................................... 38 Principle of Discrimination ........................................................................................................... 40 Principle of Military Necessity ..................................................................................................... 42 Assassination ................................................................................................................................. 44 Can the Laws of War cope with advancing Weapons Technology? ................................................. 45 Adaptability of Law ...................................................................................................................... 46 Normative Restraint and Legitimacy ............................................................................................ 47 Law Dictated by the Powerful ...................................................................................................... 48 Conclusion ........................................................................................................................................ 49 Chapter 5: Ethical Perspectives............................................................................................................. 51 Humanitarian Warfare ...................................................................................................................... 52 Precision Warfare .............................................................................................................................. 55 Threshold for War ............................................................................................................................. 58 The Consequences of Distance ......................................................................................................... 59 Autonomous Decision Making ......................................................................................................... 61 Weapons Research ............................................................................................................................ 63 Conclusion ........................................................................................................................................ 65 Chapter 6: Discussion and Conclusion ................................................................................................. 67 Influence and Interaction .................................................................................................................. 68 Discrimination Norm ........................................................................................................................ 69 Conclusion ........................................................................................................................................ 71 Bibliography ......................................................................................................................................... 75 Acronyms AFP Air Force Pamphlet AP I Additional Protocol I of the Geneva Conventions AP II Additional Protocol II of the Geneva Conventions AP III Additional Protocol III of the Geneva Conventions CIA Central Intelligence Agency COIN Counterinsurgency DoD Department of Defense FATA Federally Administered Tribal Area FAA Federal Aviation Administration GPS Global Positioning System ICC International Criminal Court IHL International Humanitarian Law ISAF International Security Assistance Force ISI Inter-Services Intelligence (Pakistani Intelligence Agency) JAG Judge Advocate General JDAM Joint Direct Attack Munitions NATO North Atlantic Treaty Organisation PGM Precision Guided Munition RAF Royal Air Force RMA Revolution in Military Affairs UAV Unmanned Aerial Vehicle UCAV Unmanned Combat Air Vehicle U.K. United Kingdom of Great Britain and Northern Ireland UN United Nations U.S. United States of America Abstract As the role of technology within warfare continues to increase, it is important to investigate whether or not the consequences of these weapons are being adequately considered. The use of new weapons technologies, such as Unmanned Combat Aerial Vehicles and Precision Guided Munitions, have been both praised and condemned within the war in Afghanistan. Although praised as saving civilian lives due to the precision capabilities of the weaponry there are consistent civilian deaths attributed to these weapons systems. This study examines debates regarding new weapons technologies that have been utilised during the war in Afghanistan. Current literature regarding emerging weapons technology is examined in order to identify key debates. The literature was recognised as falling predominantly within three perspectives - strategy, law and ethics. By identifying the key debates within each perspective it is possible to identify where these debates overlap or diverge. This research concludes that the introduction of counterinsurgency strategy to modern warfare has led to an increasing concern with the ethical and legal dimensions of the debate surrounding new weapons technology.
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