HiiL Conference: The Law of the Future

Increasing ‘Universalization’

By Hanneke Piters, 24 June 2011

Faculty of Law

Trend: Increasing ‘universalization’ HiiL: Universality, pluralism and competition Field of research: Asymmetrical warfare Solutions increasing ‘universalization’:

Enforcement of International Humanitarian Law (IHL)

Adapt and supplement IHL Comprehensive approach – CIMIC

Solution increasing pluralism: Functional approach: high-tech solutions

Outline

Faculty of Law

HiiL: Universality, Pluralism and Competition

Trend: Universality Increasing pluralism Competition between rule systems

Result: ‘More difficult to maintain an adequate level of

coherency and consistency.’

Faculty of Law

Asymmetrical Warfare Definition I: ‘In the realm of military affairs and national security,

asymmetry is acting, organizing and thinking differently than opponents in order to maximize one’s own advantages, exploit an opponent’s weaknesses, attain the initiative, or gain greater freedom of action.’

Definition II:‘The situation where regular, well-armed and well-trained and

disciplined forces, duty bound to act lawfully, are opposed by irregular forces that are lightly armed, more loosely structured and for whom respect for the law is not important.’

Example: Western forces fighting with insurgents in Afghanistan

Faculty of Law

Asymmetrical Warfare

Today’s security context: Changing nature of warfare ‘War amongst the people’ Asymmetric wars

Faculty of Law

Solution Increasing ‘Universalization’ I

Enforcement IHL: Opponents of Western forces often not adhere to

IHL Worst case scenario Prevention

Increasing ‘universalization’: General applicability of IHL

Faculty of Law

Solution Increasing ‘Universalization’ II

Adapt and supplement IHL: Standing Suitability

Increasing ‘universalization’: General applicability of IHL

Faculty of Law

Solution Increasing ‘Universalization’ III

Comprehensive approach – CIMIC: Dutch 3D approach

Increasing ‘universalization’: Replication by other Western countries

Faculty of Law

Solution Increasing Pluralism

Functional approach - high-tech solutions: Developing and using new technologies

Increasing pluralism: Opponents of Western forces cannot compete

with them and will use other means and methods of warfare

Faculty of Law

Thank you for your attention!