The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots
Eric Talbot Jensen, 𝘛𝘩𝘦 𝘍𝘶𝘵𝘶𝘳𝘦 𝘰𝘧 𝘵𝘩𝘦 𝘓𝘢𝘸 𝘰𝘧 𝘈𝘳𝘮𝘦𝘥 𝘊𝘰𝘯𝘧𝘭𝘪𝘤𝘵: 𝘖𝘴𝘵𝘳𝘪𝘤𝘩𝘦𝘴, 𝘉𝘶𝘵𝘵𝘦𝘳𝘧𝘭𝘪𝘦𝘴, 𝘢𝘯𝘥 𝘕𝘢𝘯𝘰𝘣𝘰𝘵𝘴, 35 Mɪᴄʜ. J. Iɴᴛ'ʟ L. 253 (2014).
The historical fact that the law of armed conflict (LOAC) has always lagged behind current methods of warfare does not mean that it always must. This Article will argue that the underlying assumption that law must be reactive is not an intrinsic reality inherent in effective armed conflict governance. Rather, just as military practitioners work steadily to predict new threats and defend against them, LOAC practitioners need to focus on the future of armed conflict and attempt to be proactive in evolving the law to meet future needs.
35 Mich. J. Int'l L.
Michigan Journal of International Law