به کارگیری فنّاوری های نوین نظامی در پرتو حقوق تسلیحات و حقوق هدف گیری (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
پیشرفت های خیره کننده علمی و فنی در دهه های اخیر و افزایش ابزار ها و روش های جنگی نه تنها بی سابقه بوده، بلکه موجد چالش های حقوقی و تنش در بین کشورها نیز بوده است. اساساً ی های نوین نظامی موجب دگرگونی در جنگ های اخیر شده است؛ ازاین رو تغییر در ماهیت جنگ دگرگونی های عمده ای را در ساختارهای مختلف ایجاد می کند؛ بااین حال فنّ آوری به خودی خود موجب قاعده مندی جنگ نمی شود؛ ازاین رو هر زمان که تولید، توسعه و به کارگیری تسلیحات نظامی در میدان جنگ مدنظر قرار داده شود، باید آن ها را در پرتو حقوق مخاصمات مسلحانه و حقوق بین الملل بشردوستانه تحلیل و بررسی کرد . در این مقاله، سعی بر آن است به بررسی این امر بپردازیم که چگونه حقوق تسلیحات و حقوق هدف گیری به کارگیری ی های جدید را قاعده مند می کند. روش تحقیق حاضر، روش توصیفی تحلیلی و روش جمع آوری اطلاعات کتابخانه ای اسنادی است. یافته های تحقیق حاکی از آن است بای چهارچوب های حقوقی موجود را به منظور توازن مناسب بین ملاحظات ضرورت نظامی و نگرانی های بشردوستانه در پرتو حقوق بشردوستانه بازنگری کنیم . همچنین با تهیه و تدوین راهنمای های مرتبط با ی های جدید، خلأهای حقوقی را تاحدودی مرتفع سازیم.The use of modern military technologies in the light of the law of weapons and the law of targeting
The stunning scientific and technical advances in recent decades and the increase in war tools and methods have not only been unprecedented, but have also created legal challenges and tension among countries. Basically, new military technologies have caused a change in recent wars. Therefore, the change in the nature of war can create major changes in different structures. However, technology by itself does not make war regular. Therefore, whenever the production, development and use of military weapons in the battlefield is considered, they should be analyzed and examined in the light of the law of armed conflict and international humanitarian law. In this article, we try to examine how weapons rights and targeting rights regulate the use of new technologies. The research method is the descriptive analytical method and the method of collecting library and documentary information. The findings of the research indicate that we should review and revise the existing legal frameworks in order to balance the considerations of military necessity and humanitarian concerns in the light of humanitarian rights. Also, by preparing and editing the guidelines related to new technologies, he solved the legal gaps to some extent. Keywords: Weapons Law, Targeting Law, Humanitarian Rights, Technology 1. Introduction The amazing scientific and technical advances in recent decades and the increase of war tools and methods are unprecedented. Some new technologies (unmanned aerial vehicles) are being used, while others (Nanotechnology, automatic weapons, laser, and cyber weapons) are in the experimental and development stages. are Therefore, almost 100% of technologies are dual-use, and the only issue is that defensive action is often the same as offensive action. All these elements somehow influence international humanitarian law. Modern technologies are used for both military and civilian purposes. The leap of these technologies for exploiting military purposes is a common challenge for the application and interpretation of the law of armed conflict. However, the origin of the rules of the law of armed conflict is public conscience, which makes the flexibility of these rules possible to adapt to new conflicts. Although new weapons, like any other emerging phenomenon have created legal challenges for manufacturers and tension between countries, but these tensions can be reduced by setting special regulations. The development of technology among governments leads to disputes in the field of rights: the use or abuse of those rights as a substitute for old military concepts to achieve general military goals. Of course, in an asymmetric threat environment, technology provides very little advantage in certain situations. For example, the bombardment of "USS Cole" by a small industrial ship equipped with classic weapons succeeded in attacking one of the most advanced warships in the world. Also, cyber networks have provided the ground for non-governmental actors to play a role in global politics. For example, Cohen states that technological developments have played a role in the destabilization of governments. In fact, what has created the right to produce and develop military weapons in the international arena for the governments over many years is the reference to issues such as maintaining national and international security as well as doctrines such as legitimate defense, preemptive defense and has been deterrence; In a way that simultaneously with the progress of science in various fields and the emergence of new technologies, weaponry has also progressed and changed the nature of war. Although at the beginning it seemed that law could not enter the field of how to use weapons, gradually and with the efforts of the international community, international law was able to enter this field as well and the limitation Created and apply restrictions or prohibitions in the field of their production, development, and use. However, the impact of technology on international law is not always gradual. Sometimes, technology comes at such a speed that policymakers are suddenly faced with international law commitments by applying technological needs. In some cases, the technology itself is vague and complicated or is so secret that it is difficult for the international community to understand. The government's response to technology and changes in technology is a kind of trial and error. In some fields of international law, including the development of the law of the seas, international space law, and the concept of sovereignty, technological changes often occur very quickly at first, and sometimes after a long delay in a long period of time with the gradual acceptance of the government procedure or A custom is created after long negotiations. The fact that international law was created in an important period of time does not mean that a long period of time is a prerequisite for the formation of international law. In fact, the formation of a customary international rule can be witnessed in a short period of time. For example, the customary international rights of coastal state control over the underwater resources of the continental shelf came into being only fifteen years later. It can be said that the formation of international rights is fast. As a result of technological pressures, saying that rights should change according to changing situations should not mislead us that rights are something that can be changed at any moment. The stability of rights over time and the continuity of their application are among the basic features that are necessary for the functioning of an organized human society. A look at the historical background of international law confirms the fact that with the entry of certain technologies into the field of the international community, a great effort has been made to regularize their use. In the meantime, the laws of armed conflict have also evolved and changed over time due to appropriate changes in weapons and tactics. Rapid technological changes and the expansion of the range of technology have severely tested the applicability of the law of armed conflict. For thousands of years, they have gradually transformed and codified the existing laws of armed conflict in a relatively stable and calm balance with the tools and methods requested by the government. It is obvious that the application of a new technology or tactic will sometimes be particularly shocking or surprising, as a midwife (agent of change) in a rapid period, causing adaptation (adjustment) in both tactics and approaches, under titles such as fairness or chivalry or right. from which many of the basic concepts of the law of armed conflict are rooted". It is clear that whenever military weapons and their development and use in the battlefield are considered, the rights of armed conflict or bilateral conflicts, distinct from humanitarian rights, must be fully examined: First, the rights of weapons (the general principles governing military weapons) and second targeting rights (fundamental principles of humanitarian rights). Despite that new war tools and methods have been developed during the last 150 years, their regularization has continued in two dimensions. The first dimension includes the general principles and rules that are used for all war tools and methods, which has led to the recognition that the rule of humanity imposes restrictions on the choice and use of war tools and methods. . The second dimension includes international agreements is that prohibit or limit the use of certain weapons, such as bioterrorism and chemical weapons, incendiary weapons, anti-personnel mines, or cluster bombs. 2. Methodology The research method of this article is descriptive and analytical, in this method, with an objective, systematic, and quantitative description of the content of the available information, and the analysis of the rules governing the use of modern military technologies in the light of weapons rights and targeting rights. We obtain research data. The method of collecting information is also a document library. 3. Results and Discussion From the point of view of the international standards of the law of war, the use of any kind of weapons or methods of war, whether new or old, is by the rules of humanitarian law if it complies with the rules of war established in the Geneva and Hague laws. Undoubtedly, the use of new technologies in the military arena and armed conflicts without observing the fundamental principles of international law and especially international humanitarian law can be have more dangerous and cruel than clusters bombs... However, the foundations of international humanitarian law emphasize only the reduction of human pain and suffering. Therefore, the basic principles of humanitarian rights are applied to all new tools and methods without compromise, and any tools and methods that do not comply with the basic rules of international humanitarian and customary law are prohibited. In fact, modern wars with modern tools as a dominant issue in contemporary military and security doctrines have made the effectiveness of the implementation and ability to apply international humanitarian rights to future wars questioned and sometimes doubted, and have provided the basis for their strengthening. In these conflicts, the virtual power of the actors has replaced the real ones, and in this way, the necessary logical and moral justification for the military confrontation between the strong and the weak actors is achieved. In fact, the basis of war with fully automatic means is based on the negation of the principle of separation, and in it, the sanctity of the population and civilian goals are forgotten, and even the sanctity of the prohibition of causing excessive pain and suffering is abandoned in order to guarantee the result will be of victory in the war against a powerful enemy. The main gap is the distance between these types of technologies and their application in light of existing legal rules in the international community. In fact, even if today's rules are not able to deal with the change in military technologies (especially the issues related to new players on the battlefield), the process of changing international rules is so long and cumbersome, today even if negotiations take place, this law will ultimately be about the issues of the past, not the tools of the present, and certainly not the tools of the future. But on the other hand, it should not be overlooked that the foundations of humanitarian rights are derived from the call of public conscience and humanity, and will be applicable to all war tools and methods. This opinion has been confirmed by the International Committee of the Red Cross in the legal review guide for new weapons, methods, and tools of war. Therefore, the most important commitment of governments in using new weapons and methods is to review them in the light of Article 36 and customary international law. Of course, this review includes the legal review and the technical performance of the weapon. 4. Conclusions and Future Research Certainly, one-sidedness regarding the legal status of new technologies, no matter how useful it is, can cause a lack of development of rights and create disagreements regarding the way of applying legal rules. In fact, due to the security issues related to new tools, most of the time, countries do not want to express their opinion openly about this type of technology, and they mostly emphasize single or shared opinions with their allies. Undoubtedly, this method leads to the loss of the opportunity to develop relevant rights and distances the international community from the correct understanding of such tools. However, the fact is that even if such systems can be justified according to the existing legal rules, it is obvious that the existing legal frameworks should be adjusted to balance the considerations of military necessity and humanitarian concerns. to revise and revise. With all these interpretations, it is possible to partially eliminate the legal gaps, especially by preparing and compiling guidelines related to new technologies. It is also necessary in the field, in all stages from the study to the production, development, and use of new weapons, their adaptation should be done in accordance with the fundamental principles of humanitarian rights.
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