FROM THEORY TO PRACTICE: ADDRESSING THE EVOLVING CHALLENGES IN INTERNATIONAL HUMANITARIAN LAW

Abstract

The 21st century has posed formidable challenges to the application and enforcement of International Humanitarian Law (IHL). Technological progress, urbanization and the action of non-state actors in armed conflicts as well a shift from traditional war theaters have made it much harder to implement IHL principles such as distinction, proportionality or precaution. It does so as part of a wide visibility study on inner political complexities, including drone warfare, cyber operations during armed conflict or in the work for peace; autonomous weapons while collaborating with conventional military forces and private enterprises participation to defence/offence public service. It also explores climate change and how systems of conflict are establishing or expanding the types of defense adaptation processes; enforcement mechanisms. The research highlights these issues, illustrating that it is time to re-evaluate IHL so that this body of law can preserve their dual function: defending combatants and civilians alike.