Kicking Man Out of the Loop: The Case of Loitering Munitions and Implications for International Humanitarian Law

Abstract

On the morning 24 February 2022 the Russian Federation began what is refers to as a ‘special military operation’ in Ukraine which to the Westerners is a military invasion. To military analysts and novices Ukraine stood no chance against Russia and it was their expectation that Kyiv would fall into Russian hands within a few days of the invasion or special military operation as the Russians would love to call it. Nonetheless, Ukrainian soldiers were able to repulse the Russians who retreated to the separatist held South Eastern Ukraine thanks to, among others, western intelligence. As of 1 January 2023 the war still rages on with no sign of any belligerent hanging his boots. However, as opposed to man being at the frontlines loitering munitions (Kamikaze drones) have picked the gauntlet instead. This paper therefore analyses the use of loitering munitions within the context of armed conflicts and their ramifications for international humanitarian law. It argues, inter alia, that loitering munitions depend much on algorithms hence may not independently make a distinction between civilians and combatants and between civilian objects and military objectives.

Keywords: Loitering, Munitions, Kamikaze, Drones, Ukraine War, Russia, International, Humanitarian Law

JEL Classification: K