10/26/2023 Icrc customary international law study definition of non-international armed conflictRead NowFirst, due to the rapid development of such technology and uncertainty about how it will be employed in practice, the interests of the various actors are less clear. However, the discussion on military technology differs from other contemporary IHL debates. In such cases, State and non-State actors employ various informal law-making techniques to advance their normative positions through treaty interpretation and the identification of customary international law. This is similar to other areas of IHL, such as the regulation of asymmetric conflicts, where norms are contested. The absence of formal regulation means that State and non-State actors are increasingly embracing informal means of law-making. This is largely due to the unequal allocation of military technology among States and the differing interests that result from this inequality. Despite these rapid progressions, the prospect of creating new treaties to specifically regulate their use by militaries and in armed conflicts is very low. It has produced countless debates about the application of international humanitarian law (IHL) to areas of war and technology including cyber military operations, military artificial intelligence (including autonomous weapons), the use of drones, and military human enhancement. Military technology has developed rapidly in recent years, and this development challenges existing norms.
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