THE LAW OF ARMED CONFLICT - A CONTEMPORARY CRITIQUE

The modern law of armed conflict is a testament to humanity's determination to eviscerate the horrors and suffering of war, and it has been profoundly successful in its penetration of the contemporary military psyche, particularly in the case of Western militaries. While this body of law is championed by all, its iconic success has resulted in an 'enchantment' of its character that resists effective re-examination of its underlying principles and precepts. Recent conflicts in Afghanistan and Iraq, in conjunction with the more general global war on terror, have fostered an unprecedented amount of popular discussion and critical review of the modern law of armed conflict. This article adds to that critique by arguing that the ambiguities inherent in key aspects of the law of armed conflict may contribute to neither the proper realisation of humanitarian goals nor the attaining of effective victory on the battlefield. There is a need for a more pragmatic assessment of many of the principles underpinning the law and a recognition that the law should evolve to take account of current operational and technological realities, especially in the context of targeting decisions.