Nanotechnology and challenges to international humanitarian law: a preliminary legal assessment

Nanotechnology and challenges to international humanitarian law: a preliminary legal assessment Hitoshi Nasu* Hitoshi Nasu is Senior Lecturer in law at the Australian National University, Canberra, Australia. Abstract The introduction of nanotechnology into our civil life and warfare is expected to inﬂuence the application and interpretation of the existing rules of international humanitarian law. This article examines the challenges posed to international humanitarian law by the widespread use of nanotechnology in light of four basic rules of international humanitarian law: (1) the obligation to ensure the legality of weapons; (2) distinction; (3) proportionality; and (4) precaution. It concludes by identifying three areas of concern, which arise from widespread use of nanotechnology, for the application of international humanitarian law. Keywords: nanotechnology, superfluous injury or unnecessary suffering, environmental protection, the principle of distinction, proportionality, precaution. * The author thanks Associate Professor Robert McLaughlin, Professor Ken Watkin, CAPT Andy Norris, CAPT (Ret.) Dennis Mandsager, Lt Col. George Cadwalader, MAJ Matt Hover, Ms Sasha Radin, Professor Tom Faunce, and anonymous reviewers for their invaluable comments on an earlier draft, and Rosanna Bartlett, David Rowe, and Pauline Wilson for their research assistance. The author also gratefully acknowledges the support of the Australian Research Council under its Discovery Grant funding scheme (Project ID110102637). Volume 94 Number 886 Summer 2012 doi:10.1017/S181638311200077X 653