Targeting, Gender and International Posthumanitarian Law and Practice: Framing the Question of the Human in International Humanitarian Law

Abstract

Focusing on targeting law and practice in contemporary high-tech warfare, this article brings international humanitarian legal scholarship into conversation with posthumanist feminist theory for the purpose of rethinking international humanitarian law (IHL) in terms of the posthuman condition. I suggest that posthumanist feminist theory – in particular Rosi Braidotti’s scholarship – is helpful to the IHL scholar for understanding and describing high-tech warfare that recognises the targetable body’ as both material and digital. Posthumanist feminist theory, moreover, avails us of a much-needed critical position from which to reframe the question of what the ‘humanitarian’ aim in IHL is: who, and what, can the ‘human’ of this humanitarianism be? This article sets out the framework for a posthumanitarian international law as an ethicalnormative order worthy, as Braidotti puts it, of the complexity of our times.

Keywords: International Humanitarian Law, IHL, Posthumanist Theory, Intellgient Warfare, Artificial Intelligence, AI, Rosi Braidotti