Norms and Law in Modern War

Catalog description

Is cyberspace a battlefield? If so, how do norms and laws that govern war provide guidance for defense or retaliation in cyber-conflict? These are urgent questions arising from changes in both patterns of organized violence and the reaction to them, in the context of contemporary wars. Not all changes are necessarily “new," but they have the potential to evolve into new norms, providing ample opportunities for challenging the widely accepted foundations of ethics in war, on which customary international law is based. For example, within the paradigm of asymmetric warfare, of which “the global war on terror" is one case, exceptional responses to existential threats have argued for violating the prohibition to torture; have questioned traditional understandings of noncombatant immunity, and of human shields; have challenged the taboo of assassination, by stressing the precision afforded by targeted killings; and have used new technologies intended to protect lives, such as drones, to redefine standards of proportionality. On another note, the emerging practice of humanitarian interventions has been struggling to become a norm, challenging definitions of legality and/or legitimacy of aggression. This course aims to provide an understanding of the dynamic relationship between laws, norms, and practices in contemporary warfare, beyond the classic argument of realism - i.e. interest and power always trump ethics – and beyond a static understanding of the rules of conduct in wars. It addresses the role of norms as well as interests, and norm entrepreneurs such as states and non–state actors, through a mix of theoretical discussions and case studies.