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A Research Agenda for Military Law

Edited by: Paul A.L. Ducheine, Terry D. Gill, Peter B.M.J. Pijpers, Marten Zwanenburg

ISBN13: 9781035353491
To be Published: January 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £85.00





This prescient Research Agenda sheds light on current and expected developments of military law. It provides expert guidance on the application of international law to military operations and assesses new challenges such as AI, hybrid warfare and the militarization of outer space.

Using legal doctrinal and analytical methods, leading scholars and practitioners in the field survey the current legal landscape, providing a forward-looking analysis of emerging issues and future research. The book examines how international law regulates the use and application of armed force or coercive measures by the armed forces of States and other international actors in an armed conflict or in a ‘grey zone’ pre-conflict setting. Chapters interrogate the functions and rules of the different bodies of international law that govern the conduct of warfare. They also indicate where fault lines lie, and explore how developments in technology and the strategic environment can affect how the law is interpreted and applied.

A Research Agenda for Military Law is an essential resource for academics and students in the fields of international and humanitarian law. Legal advisors in the armed forces and governmental service will also benefit from the book''s authoritative analysis of military law.

Subjects:
Public International Law
Contents:
Foreword xi
List of abbreviations xiii
1. Introduction to the Research Agenda for Military Law 1
Paul A.L. Ducheine, Terry D. Gill, Peter B.M.J. Pijpers and Marten C. Zwanenburg

PART I GENERIC TOPICS
2. The role of the jus ad bellum in the international legal system and in the conduct of military operations 7
Terry D. Gill
3. Neutrality under current international law: ‘the report of my death was an exaggeration’ 17
J.F.R. Hans Boddens Hosang
4. Warfare below the threshold of war: hybrid threats and the role of international law 29
Aurel Sari
5. Human rights and warfare 41
Steven van de Put and Marten C. Zwanenburg

PART II SPECIFIC TOPICS
6. Military law and the use of space 57
Marten C. Zwanenburg and Lonneke Peperkamp
7. Military law in the maritime dimension 71
Martin D. Fink
8. The elephant in the room: IT companies and the roads to war 83
Peter B.M.J. Pijpers and Paul A.L. Ducheine
9. Artificial intelligence in contemporary conflicts and the future of military law 97
Klaudia Klonowska and Jonathan Kwik
10. The new frontlines: digital rights protection in contemporary armed conflicts 115
Asaf Lubin and Omar Yousef Shehabi

PART III COMPETITIVE/COMPLEMENTARY LEGAL REGIMES
11. The use of law as a policy instrument and the weaponisation of international litigation 129
Rogier J. Bartels
12. Non-state actors and warfare 143
Katharine Fortin
13. Reconciling legal obligations applicable to military operations 157
Terry D. Gill and J.F.R. Hans Boddens Hosang

PART IV DISCUSSION
14. The way ahead for legal research in the domain of military operational law and armed conflict 171
Paul A.L. Ducheine, Terry D. Gill, Peter B.M.J. Pijpers and Marten C. Zwanenburg