By Navneet Binning
Picture: Globe License: Public Domain
In 2017, the Law of War saw many new developments. These include:
the closure of the ICTY, the increased threat of cyber warfare, attempts to
eliminate nuclear weapons, and a movement to fight the spread of chemical
weapons.
ICTY
The International Criminal Tribunal for the Former Republic of
Yugoslavia (ICTY) formally closed
on December 21st 2017. The
ICTY was created to adjudicate claims of war
crimes that occurred in the Balkans in the 1990’s. The ICTY was open for
twenty-four years, delivered 161 indictments, and sentenced ninety individuals
for genocide, crimes against humanity, and other crimes.
The closure is particularly significant because it marks a shift
in international law away from specific criminal tribunals; previously,
individual criminal tribunals have been used to prosecute war crimes in the
Balkans and Rwanda. International law experts hope that the closure of ICTY
will be a catalyst
towards the goal of establishing universal jurisdiction for war crimes in the
International Criminal Court (ICC).
Cyber
Warfare
In recent years, there has been an increasing fear of the threat
of cyber warfare. In 2017, cyber warfare has threatened physical
destruction of civilian and military assets. For example, terrorist groups
could gain control of cyber switches and use them to derail trains.
However, most of cyber warfare has focused on undermining
institutional integrity. In 2017, allegations of Russian interference in the
2016 US presidential election created mass distrust in the American political
system. Cyber warfare used to undermine institutional integrity is particularly
concerning because it is difficult to defend oneself from and retaliate against
such attacks.
Treaty on
the Prohibition of Nuclear Weapons
In March and July 2017, the United Nations General Assembly met
for a conference aimed to prohibit and, eventually, completely eliminate
nuclear weapons. The Treaty on
the Prohibition of Nuclear Weapons was approved on July 7th.
The treaty requires signatories to abstain from developing,
possessing, and threatening the use of nuclear weapons. The treaty would also
prohibit nations from transferring nuclear weapons between one another.
122
nations signed the treaty, but the nine nations who are known or believed
to possess nuclear weapons did not. These nine nations are the United States,
Russia, United Kingdom, China, France, India, Pakistan, North Korea, and
Israel. A
joint statement from the United States, United Kingdom, and France states
that the nations do not intend to join the treaty.
Opponents of the treaty believe that it “disregards the realities
of the international security environment” and fails to address the growing threat
of North Korea’s nuclear programs. Opponents instead propose strengthening the
Nuclear Nonproliferation Treaty, which was enacted in 1970 prohibits nations
other than the five original nuclear powers (United States, Russia, United
Kingdom, France, and China) from pursuing nuclear weapons and directs the five
original nuclear powers to work towards nuclear disarmament.
Syria Missile
Attack
On April 7, the United States, directed by President Trump,
carried out a missile
strike in Syria that killed more than eighty civilians. The attack was in response
to the Syrian government’s use of chemical weapons against its civilians and to
signal the United States’ disapproval of Syria’s use of chemical weapons.
The attack prompted wide criticisms, particularly from Russia. A
spokesman for President Putin stated that the strike was a “significant blow”
for the relationship between the United States and Russia and had no impact on
combating international terrorism. Rather, the attack undermined efforts to
establish an international
coalition to fight the use of chemical weapons.
