Surrender Without an Addressee: The Limits of the Right to Surrender in the Era of Unmanned Systems
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Keywords

surrender, unmanned system, armed conflict, hors de combat

Abstract

The submitted article adresses one of the pressing issues in contemporary armed conflicts, i.e. the moment of legally effective surrender in relation to unmanned systems. Traditionally, the international humanitarian law is based on the assumption of the presence of the addressee – an adversary party to the conflict with the capability to recognize and accept an acts of surrender. This article examines when surrender may be considered effective in the context of a technologically mediated battlefield.. The answer to this question is crucial for determining the point at which a surrendering individual acquires protection as hors de combat. The aim of the article is to identify the gaps on the level of de lege lata and to assess their implications not only for the protection of surrenders, but also from the perspective of the invocation of the international resposibility of the state for the use of force.

PDF (Slovak)