The desire for humanity and the desire for security have co-existed as long as humans have been alive. As science has become increasingly sophisticated, so have the methods of self-defence by States. Nanotechnology is already changing warfare by increasing capabilities upon which armed forces are heavily reliant: more efficient energy storage, advanced photovoltaics, and improved military protective equipment to name a few of these developments.
Some applications of nanomaterials by the military are both powerful and subtle, and have neurological and biological applications: 'devices that can infiltrate electronics and seize control at crucial moments, artificial “disease” agents that can rest harmlessly in victims' bodies until activated by an external signal'. The advance of the use or contemplation of use of these types of nanoscale applications by the military requires urgent analysis in light of existing international law, particularly in light of their potential effects on humans and on the environment.
Author(s): Kobi Leins
Publisher: Cambridge University Press
Year: 2022
Language: English
Pages: 297
City: Cambridge
Cover
Half-title
Title page
Copyright information
Dedication
Contents
List of Figures
Acknowledgements
List of Abbreviations
Prolegomenon
1 International Law and the Use of Nanomaterials in War
I Introducing Nanomaterials
II The Big Little: Literature Regarding the Regulation of Nanomaterials
III Methodology
IV Legal Requirement to Review Weapons under Article 36 of API to the Geneva Conventions
A Article 36 Weapons Review Considerations
1 Timing of the Article 36 Review
2 Ability to Independently Provide Review with Narrow Field of Experts
B Rethinking the Article 82 Requirement to Advise Regarding Contextual Use of Nanomaterials in Warfare
V Outline of Book
VI Conclusion
2 The Three Technologies Using Nanomaterials
I Thermobaric Weapons
II Optogenetics
III Genetic Modification
IV Conclusion
3 International Treaty Law
I Continuity of Treaties during War
II History of Weapons Treaty Negotiations
A Pre-twentieth Century
B Twentieth Century
1 The Geneva Protocol: History and Context
2 Biological Weapons Convention
3 Chemical Weapons Convention
4 Prohibition on Non-detectable Fragments (Protocol I of the CCW)
5 Prohibition or Restrictions on the Use of Incendiary Weapons (Protocol III of the CCW)
6 Prohibition on Blinding Laser Weapons (Protocol IV of the CCW)
III Regulation of the Uses of Nanomaterials in War
A Thermobaric Weapons
B Optogenetics
C Genetic Modification
1 Genetic Modification in Humans
(a) The BWC
(b) The CWC
2 Genetic Modification in Non-humans
3 Digital Genomes
IV Conclusion
4 International Customary Law and Principles
I Prohibition on Causing Superfluous Injury and Unnecessary Suffering
A The SIrUS Project
B The Martens Clause
II Principle of Distinction
III Principle of Proportionality
IV The Rule of Precaution
V Application of the Principles to Specific Uses of Nanomaterials during War
A Thermobaric Weapons
B Optogenetics
1 The Use of Nanomaterials as 'Non-lethal' Weapons
C Genetic Modification
VI Conclusion
5 International Environmental Law and Principles
I Relevance of International Environmental Law to War
II Pre-Vietnam War Environmental Protection in War
A The Martens Clause
B The Precautionary Principle in Environmental Law
C Custom and Principles of the Laws of War Relevant to Protection of the Environment
1 The Balance between the Principles of Military Necessity and Humanity and Protection of the Environment
2 The Principle of Distinction and Environmental Protection
3 The Hague Conventions, the Ancient Principle of Usufruct and Environmental Protection
III Post-Vietnam War Environmental Protection in Armed Conflict
A Prohibition of Military or Hostile Use of Environmental Modification Techniques
B Additional Protocol I to the Geneva Conventions
C World Charter for Nature
IV Nanomaterials and Parallels with Depleted Uranium Munitions
V Implementation, Enforcement and Recommendations for Environmental Law
VI Conclusion
6 International Human Rights Law
I Application of International Human Rights Law to the Use of Nanomaterials in War
II Significance of International Human Rights Law for the Use of Nanomaterials in War
III International Human Rights Law and Thermobaric Weapons, Optogenetics and Genetic Modification
A Right to Life
1 Thermobaric Weapons
2 Genetic Modification
B Prohibition on Torture and Other Forms of Cruel, Inhuman or Degrading Treatment
1 Optogenetics and Genetic Modification
C Right to Health, Including Mental Health
1 Optogenetics
D Right to Food and Water
IV Conclusion
7 Conclusion and Recommendations
I Summary of Findings
II Recommendations
A Scientists, Academia and Industry
1 Potential Dual Use Must Not Undermine Public International Law
2 Legal Implications of Chemical and Biological Convergence
B Governments, Lawmakers and Lawyers
1 Overlapping Legal Regimes
2 Key Challenges for Compliance with Existing Treaties
3 Non-State Actors
C Armed Forces
III Conclusion
Bibliography
I Conventions
II Cases
III Conference Proceedings/Working Groups/Manuals
IV Conference Papers
V Books
VI Journal Articles
VII Press Releases/News/Web
Index
