Implementation of the principle of distinction in the advent of Modern Technologies in Warfare:

Abstract

This study sought to evaluate the implementation of the principle of distinction in the advent of modern technologies in warfare, focusing on unmanned combat aerial vehicles. The specific objectives of this study were: To determine status of unmanned combat aerial vehicles on applicable law for the legality of its use; to examine challenges facing the implementation of international humanitarian law’s principle of distinction on the usage of unmanned combat aerial vehicles and to develop strategies to improve the implementation of international humanitarian law’s principle of distinction on the usage of unmanned combat aerial vehicles. This study adopted a descriptive research design. The study was conducted at Tanzania’s National Defence College and International Residual Mechanism for Criminal Tribunals – Arusha Branch. The population of this study included employees from National Defence College and International Residual Mechanism for Criminal Tribunals – Arusha Branch. Simple sampling and purposive sampling were used to select the respondents. This study collected primary data through questionnaires and interviews while secondary data was gathered using documentary review. The study used both quantitative and qualitative methodologies for analysis. Specifically, quantitative data was analysed using descriptive and inferential statistics provided by the SPSS version 26. Otherwise, content analysis approach was used for the qualitative data. The study found that, UCAV cause long-term damage to the environment and superfluous injury or unnecessary suffering to individuals. Findings unveiled that, UCAV fail to discriminate between those taking part in the fighting and others, such as civilians, who are not. Also, the study further found that, privatisation of individuals and military functions, military and civilian purposes of the law, act of use of human shield and non-ratification of the protocol are challenges facing implementation of the IHL’s principle of distinction on the usage of UCAV. Moreover, the study established that, regulations concerning (new) means of targeting, regulations concerning targeting and cooperation among states will improve the implementation of IHL’s principle of distinction on the usage of UCAV. The researcher recommends that, future studies should be conducted to determine the effectiveness of principle of distinction in the advent of modern technologies in warfare.