The 'Technology War' and International Law: A Legal Perspective on New Technologies Used in the Ukraine Conflict

This chapter will examine how the law deals with new technologies employed on the battlefield, using examples from the conflict in Ukraine. It is submitted that from a legal perspective, new technologies can fit into one of three distinct categories. The first category consists of technologies that represent a gradual advancement and therefore fit the existing legal obligations. The second concerns technologies that international law is able to accommodate through the use of interpretative methods. Lastly, some technologies might require the adoption of new legal obligations.
Rather than focus specifically on one particular technology, this chapter will examine how international law can ‘catch up’ with technological developments on the battlefield. In this way, it offers insight into how international law can incorporate new technological developments, providing relevant considerations for future conflicts. As armed conflict seems to, unfortunately, always be a great driver for innovations, it will remain relevant for states to consider how these technologies should be approached from a legal perspective.