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The Role of the Ethical Underpinnings of International Humanitarian Law in the Age of Lethal Autonomous Weapons Systems

100%
Kowalczewska K.
Polish Political Science Yearbook
|
2019
|
issue 3 (48)
464-475
EN
This paper presents selected conclusions related to the theoretical underpinnings of international humanitarian law, with special focus on the understanding of considerations of humanity and the dictates of public conscience (the Martens clause) and their impact on the regulation of lethal autonomous weapons systems. Despite the fact that different positions can be found in the doctrine, it is argued herein that the general principles of international humanitarian law are not sufficient to properly regulate the disruptive military technologies (new means and methods of warfare) and a new international norm is needed. Consequently, the paper agglomerates extra-legal and cross-cutting arguments stemming from other normative regimes that point to prioritization of the value of human life and the role and quality of the human factor in decision-making procedures relating to the health and life of victims of modern armed conflicts, which should be incorporated in it.
2
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Humanity in modern warfare, empathy and jus in bello

100%
Kowalczewska K.
Security Dimensions: International & National Studies
|
2014
|
vol. 12(12)
189-200
EN
Based on the work of S. Baron-Cohen, the text considers the relationship of empathy disorders with the perception of humanity in the context of the conduct of hostilities. Making use of philosophical and legal assumptions, it examines the understanding of the principles of humanity and dictates of public conscience, namely the Martens Clause, providing for the moral compass of international humanitarian law. Controversially it argues that the widely proclaimed postulate of warfare humanisation is a kind of paradox. On the one hand, we assume that man is inherently good and, therefore, the conduct of war should be more humane; on the other hand, we perform it by withdrawing man from the battlefield and by replacing him with autonomous systems . Will the replacement of human weaknesses kind by artificial intelligence lead to a revolutionary solution and reduction of suffering or will it only speed up movement of humanity on the slippery slope? In this text, the author will try to draw the reader's attention to the often overlooked ethical dilemmas and issues of fundamental nature which are often lacking in the security studies.
3
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To what extent private military corporations have international legal personality?

100%
Kowalczewska K.
Security Dimensions: International & National Studies
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2013
|
vol. 10(10)
95-103
EN
The ongoing growth of multinational enterprises puts the traditional perception of subjects of international law into question. Setting the private miliatry contractors industry for a background, the article presents the current state of law, with a special focus on the possibility to confer international legal capacity and legal capacity to act on legal entities of domestic law. The analysis is based on the abundant framework of nonbinding regulations targeting multinational enterprises coupled with the emerging need to make international corporate responsibility more effective.
4
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Self-regulation of Private Military Corporations - the Optimal Solution?

100%
Kowalczewska K.
Security Dimensions: International & National Studies
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2013
|
vol. 9(9)
112-127
EN
The article carries out the two track analysis. The frst part discusses the complexity of the private military companies' regulation in the light of modern changes of the warfare and concerns raised on the possible violations of international humanitarian law and human rights. The second part describes the Swiss Initiative (with focus to the Montreux Document and the International Code of Conduct for Private Security Service Providers) established by the main stakeholders. The article aims to present to which extent the bottom-up initiatives may satisfy the legal standards of industry regulation.
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