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52 Mil. L. & L. War Rev. 37 (2013)
How Will Weapons Reviews Address the Challenges Posed by New Technologies

handle is hein.journals/mllwr52 and id is 38 raw text is: MILITARY LAW AND THE LAW OF WAR REVIEW 52/1 (2013) How Will Weapons Reviews Address the Challenges Posed by New Technologies? DR BILL BOOTHBY Table of Contents I. Introduction ...... 38 II. What Should Be Assessed? ................. 38 III. What Are the Criteria Against Which the Assessment Should Be Undertaken? ......................... ......... 42 1. Superfluous Injury and Unnecessary Suffering..... ....... 42 2. Is the Weapon by Its Nature Indiscriminate? ...... ....... 43 3. Environmental Damage..................... 43 4. Weapon Specific Rules .................. ......... 44 IV Which Aspects of Cyber, Autonomous Attack, Nanotechnology and Outer Space Weapons Will Need to Be Assessed? ..... ..... 48 1. Cyber Weapons................................ 48 2. Autonomous Attack .................. ............... 53 3. Outer Space ......................... ......... 55 4. Nanotechnology ............................... 57 V Conclusion............. ................. ..... 59 The law of armed conflict rules relating to weaponry have developed apace in the last few decades. As a member of the UK delegation to the Conventional Weapons Convention negotiations in Geneva from 2000 to 2006, it was the author's great privilege to get to know Erwin Dahinden who, during that time, was a member of the Swiss delegation to the same discussions. Erwin's vision, his commitment to the development of the law, his practical appreciation of the relevant military context and his knowledge of the law of armed conflict all shone through during the discussions of the Experts. He truly was an expert who could be relied upon to reach through the most complex of issues, find the essence of it and put forward solutions that would work in practice. But his skills in the negotiating room extended to the handling of the diplomatic discussions. He brought skill, knowledge and sensitivity to the task, appreciating the breadth of legitimate positions on the problem being discussed, and helping to create trust and understanding and thus consensus where disagreement and breakdown otherwise threatened. 37

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