Civic Destruction: A New Proportionality Test for High-Tech War / Itamar Mann

Date: 

Wed, 23/05/2018 - 09:00 to 10:30

Location: 

Yael room, Institute of Criminology

Dr. Itamar Mann

As commentators have observed, since 9/11 many parts of the world are experiencing what has been called a "forever war." More than a decade and a half since the conflict began, its history now includes many important developments in military and surveillance technologies. This paper will first reveal  mutual influence between law and military technology, in which two parallel processes have occurred: first, there is a relaxation of jus ad bellum standards, with long-distance and unmanned systems making military intervention much more likely. Second, heightened standards of jus in bello have emerged, with technologies often making it possible and perhaps obligatory to harm ever-fewer civilians. In this context, the paper will identify an important characteristic of contemporary warfare which has so far not been analyzed. As the laws of war protect civilians from death and injury, but do not protect other human rights, they create a structural incentive for ever-expanding surveillance networks and privacy violations. While these may at times lead to fewer casualties, the dynamic has far reaching disastrous consequences for the capacity of communities to meaningfully engage politically. But can we weigh single human lives against the privacy rights of millions? With the recent emergence of cyber threats, we have also seen that wars increasingly target modes of civic participation, wreaking enormous havoc at time without claiming a single life. The paper will conclude with a few preliminary reflections on how to counter this seemingly solidified bind.