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Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.This prescient Research Agenda sheds light on current and expected developments of military law. It provides expert guidance on the application of international law to military operations and assesses new challenges such as AI, hybrid warfare and the militarization of outer space.\Using legal doctrinal and analytical methods, leading scholars and practitioners in the field survey the current legal landscape, providing a forward-looking analysis of emerging issues and future research. The book examines how international law regulates the use and application of armed force or coercive measures by the armed forces of States and other international actors in an armed conflict or in a ‘grey zone’ pre-conflict setting. Chapters interrogate the functions and rules of the different bodies of international law that govern the conduct of warfare. They also indicate where fault lines lie, and explore how developments in technology and the strategic environment can affect how the law is interpreted and applied.A Research Agenda for Military Law is an essential resource for academics and students in the fields of international and humanitarian law. Legal advisors in the armed forces and governmental service will also benefit from the book's authoritative analysis of military law.
Edited by Paul A.L. Ducheine, NATO Defence College, Rome, Italy and Faculty of Law, University of Amsterdam, Terry D. Gill, Faculty of Law, University of Amsterdam, Peter B.M.J. Pijpers, Faculty of Military Sciences, Netherlands Defence Academy and Faculty of Law, University of Amsterdam and Marten C. Zwanenburg, Faculty of Law, University of Amsterdam and Faculty of Military Sciences, Netherlands Defence Academy, the Netherlands
ContentsForeword xiList of abbreviations xiii1 Introduction to the Research Agenda for Military Law 1Paul A.L. Ducheine, Terry D. Gill, Peter B.M.J. Pijpers andMarten C. ZwanenburgPART I GENERIC TOPICS2 The role of the jus ad bellum in the international legalsystem and in the conduct of military operations 7Terry D. Gill3 Neutrality under current international law: ‘the report of mydeath was an exaggeration’ 17J.F.R. Hans Boddens Hosang4 Warfare below the threshold of war: hybrid threats and therole of international law 29Aurel Sari5 Human rights and warfare 41Steven van de Put and Marten C. ZwanenburgPART II SPECIFIC TOPICS6 Military law and the use of space 57Marten C. Zwanenburg and Lonneke Peperkamp7 Military law in the maritime dimension 71Martin D. Fink8 The elephant in the room: IT companies and the roads towar 83Peter B.M.J. Pijpers and Paul A.L. Ducheine9 Artificial intelligence in contemporary conflicts and thefuture of military law 97Klaudia Klonowska and Jonathan Kwik10 The new frontlines: digital rights protection incontemporary armed conflicts 115Asaf Lubin and Omar Yousef ShehabiPART III Competitive/Complementary Legal Regimes11 The use of law as a policy instrument and theweaponisation of international litigation 129Rogier J. Bartels12 Non-state actors and warfare 143Katharine Fortin13 Reconciling legal obligations applicable to militaryoperations 157Terry D. Gill and J.F.R. Hans Boddens HosangPART IV DISCUSSION14 The way ahead for legal research in the domain of militaryoperational law and armed conflict 171Paul A.L. Ducheine, Terry D. Gill, Peter B.M.J. Pijpers andMarten C. Zwanenburg
'This Research Agenda provides an insightful examination of the international legal regimes governing the use of armed force by states and other actors. It explores the interaction between these regimes, highlights existing gray areas, and identifies key topics for future research. Combining traditional themes with emerging issues—such as the deployment of cyber capabilities, artificial intelligence, and the use of force in outer space—the book offers a forward-looking perspective on a constantly evolving field. Authored by leading experts with both academic and practical knowledge and experience, it delivers a rigorous blend of legal analysis, critical evaluation, and pragmatic insight. This makes it an essential reference for scholars, policymakers, and practitioners alike.'