Distinguishing Civilians and Non-combatants: How Technological Warfare Challenges International Humanitarian Law

Despite evolving forms of warfare, the obligation to distinguish between military and civilian objectives remains a fundamental principle of international humanitarian law since the 19th century. However, the roles of civilians, combatants, and non-combatants are difficult to distinguish under the current legal framework. Today’s public discourse, exacerbated by media exaggerations and political propaganda, equates the term ‘non-combatant’ with that of ‘civilian’, portraying civilians as innocent and vulnerable. However, not all civilians are non-combatants, and there is an increase in involvement by civil personnel which have military and strategic significance. As civilian and military functions overlap, especially through dual-use technologies and remote systems, the traditional civilian/combatant dichotomy appears outdated and incomplete. The lack of clarity on such fundamental distinctions promotes divergent interpretations and undermines the uniform applicability of international humanitarian law.

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Privatisation of Security: The legal Status and Responsibilities of Private Military Companies in European Missions

The rise of Private Military Companies (PMCs) and Private Security Companies (PSCs) in military or civilian missions stands as an important change in the dynamics of the security and defence world, as they change how operations can be conducted, especially for armed forces. Dating back to the Middle Ages with mercenaries, they have taken different forms throughout history. Nowadays, they deliver a large span of services (from indirect support in logistics or military counselling to taking part directly in combat). This paper will present their blurred status in law and their duties in missions led by European Member States, taking a look at the existing legislation and tools to hold them responsible for their actions.

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