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A case against making sole reliance on intelligence, surveillance and reconnaissance technology to identify proposed targets

Lookup NU author(s): Dr Tanya Krupiy

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Abstract

In the past-15 years, States have increasingly placed a greater reliance on intelligence, surveillance and reconnaissance technology to identify potential targets on the battlefield and to verify, at the point of executing the attack, whether the target is in fact a military objective, a combatant or an individual who is taking a direct part in hostilities. This article critically analyses in what circumstances and for what type of targets attackers should not solely rely on intelligence, surveillance and reconnaissance technology in order to comply with the principle of distinction. The use of technology may adversely affect accurate identification of some types of targets because it may influence what type of intelligence an attacker decides to gather, how he carries out target verification and how he interprets the situation on the battlefield. The use of technology frequently does not enable attackers to correctly interpret the context behind the events on the battlefield. This results in attackers having an incomplete understanding of what is happening on the battlefield. In contrast, when attackers visually check the character of the proposed target, they gain a fuller understanding about the situation on the ground and are in a better position to comply with the principle of distinction. Additionally, it is considered whether this problem is equally applicable to emerging intelligence, surveillance and reconnaissance technologies.


Publication metadata

Author(s): Krupiy T

Publication type: Article

Publication status: Published

Journal: Journal of Conflict and Security Law

Year: 2015

Volume: 20

Issue: 3

Pages: 415-449

Print publication date: 01/12/2015

Online publication date: 23/07/2015

Acceptance date: 01/12/2014

ISSN (print): 1467-7954

ISSN (electronic): 1467-7962

Publisher: Oxford University Press

URL: https://doi.org/10.1093/jcsl/krv009


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