Targeted killing as a means of asymmetric warfare: a provocative view and invitation to debate

The killing of Mahmoud al-Mabhou reportedly by agents of Israel‟s Mossad service in Dubai a year ago1 serves as a quick reminder that extrajudicial executions, assassinations and other targeted killing operations are taking place and are part of a modern democracy‟s arsenal of antiterrorism and counter-terrorism means. Targeted Killing Operations reportedly form part of NATO‟s operational practice: depending on the circumstances they represent just another option of the lawful use of force in an armed conflict or assimilated situations. Consequently, it is argued that International Law does not impose an explicit ban on the lethal neutralization of certain persons in an armed conflict scenario. This opinion provides a provocative view on possible justifications using targeted killing as an actual means of present day security operations – which must not be confused with traditional methods of domestic „policing‟ in a democratic state

Colonialism, Justice and the Rule of Law: A Southern African and Australian Narrative

Colonialism has had a huge impact upon the legal systems of countries around the world. The historical impact of the British Empire can still be felt today in countries as diverse as Australia and South Africa. This effect is explored in both these countries, both in its historical form of racial discrimination, as well as the modern consequences of this colonial past. This article analyses how formal conceptions of the Rule of Law and legal certainty can undermine efforts to achieve justice for past historical wrongs. Examples of this are found in the Aboriginal land rights litigation in Australia, as well as litigation under the Alien Tort Statute in the United States of America

Russia’s ‘Ukrainian spring of 2014’ – and its implications for Global Security and the Rule of Law

This one day workshop in London is organised by the Swedish National Defence College and Bournemouth University aims at bringing together legal and military experts to discuss a variety of issues arising from Russia’s annexation of the Crimea in spring 2014 and its continuing expansion into Ukraine: Legality of Russia’s actions in Crimea and Ukraine and the Legality of Crimea’s referendum Tactics and Operations: Russia’s use of Hybrid and Cyber Assets in its operations History and Lessons for the future

Eco Threats as Security Threats and the Protection of the Environment During Hostilities

Threats to environmental security (‘eco-threats’) face not only shortcomings of environmental protection during hostilities under the Law of Armed Conflict (LOAC). Considering the new ‘Hybrid Threat’ concept, which had recently been discussed by NATO, the author recognisse from the perspective of International Law the need for adopting a comprehensive legal approach towards such threats. The International Environmental Law, the International Humanitarian Law and the Customary International Law show some shortcomings to tackle the new challenge. In the focus is the rule of law, in particular the principle of proportionality, which can play a role when countering such threats and legal rules can have a positive effect on the international community’s ability to act

Lawfare and hybrid warfare-how Russia is using the law as a weapon

This short paper introduces the reader to the mutating military concept of hybrid warfare and one of its implementing methods, the use of law as a weapon. We aim to provide a current, comprehensive definition of the terms “hybrid warfare” and “lawfare”. This submission focuses on the following areas: where law has been/is being used as a method of war, namely the Jus ad bellum, the jus in bello and the law of treaties in international relations

Western Denial and Russian Control: How Russia’s National Security Strategy Threatens a Western-Based Approach to Global Security, the Rule of Law and Globalization.

The Russian National Security Strategy of 2015 aims at achieving autarky from Western influences on global security, the rule of law and global trade. Russia aims at attaining this by applying a holistic mix of military, political and economic means to weaken the West and to strengthen its own role as a global player. The Russian approach builds on a strategy of reflexive control which as such is an old method, but the outcome of the application of this approach results in hybrid warfare which as such is a new emerging concept of warfighting. This short article looks at one particular aspect of this Russian strategy, namely using Hybrid, or non-linear, Warfare against its Western direct neighbours in particular and the West in general. We will discuss the underlying cultural logic in Russia’s actions and will reflect on the impact of Russia’s utilization of the existing cultural asymmetry as a form of warfare in regard to the West. The examples used in this text are taken from the context of the conflicts of Ukraine and Syria, but have to be seen as constituting a part of an on-going global conflict aimed at NATO and the EU. The text builds on years of research within the hybrid threat, warfare respectively, context by both authors

Lawfare in Hybrid Wars: The 21st Century Warfare

In the context of ‘Hybrid Warfare’ as 21st Century’s threat to peace and security, this paper intends to address the role of Lawfare. The use of law as a weapon, Lawfare,1can have a tangible impact on democratic States when their adversaries use it in an exploitative way. Lawfare can be used in the context of Hybrid War.2 Examples of Hybrid Warfare as witnessed in the Russian/Ukrainian conflict of 2014/2015 and the ongoing conflict with Daesh are particularly sensitive to Lawfare due to an apparent asymmetric adherence to the international rule of law among involved actors. The different legal and ethical approach of democratic States in warfare and their non-democratic opponents in Hybrid War scenarios has the potential to impact negatively on the eventual prompt success of Western military actions. The authors argue that against this backdrop it is essential for law-abiding nations to adapt an approach which uses counter-Lawfare means in support of its own legitimate objectives and to prevent opponents from using it law as a weapon for their own strategic purposes

Terrorism and cyber attacks as hybrid threats: defining a comprehensive approach for countering 21st century threats to global peace and security

Multimodal, kinetic and non-kinetic threats to international peace and security, including cyber-attacks, low intensity asymmetric conflict scenarios, global terrorism, piracy, transnational organized crime, resources security, retrenchment from globalization and the proliferation of weapons of mass destruction, were identified by NATO as ‘hybrid threats,’ which state actors are ill-equipped to handle. This interdisciplinary article predicts that military doctrines, traditional concepts of war and peace, and legal perceptions will be challenged by the nature of these threats

The Panopticon of International Law: B’Tselem’s Camera Project and the enforcement of International Law in a Transitional Society

This paper analyzes the influence of transnational non state actors on compliance with international legal rules, as part of Foucault’s power/knowledge structure. Particularly it examines the effect of the “Shooting Back” project, by the Israeli NGO B’Tselem, on the level of investigations of alleged violations of the law of occupation. According to Bentham’s principles of Panoptism, power should be visible and unverifiable. The implementation of these principles by transnational actors is highlighted by the “Shooting Back” project in Israel. In 2007 the NGO B’Tselem supplied Palestinians living in high-conflict areas with video-cameras in order to capture, expose, and “seek redress for” human rights violations in the Occupied Territories. This project caused soldiers and their commanders to become aware of the possibility that they and their actions are being observed and documented, without knowing the exact source of the observer It also demonstrates the potential role of transnational actors in conflict resolution , who through their geographical spread and the use of affordable means of communication can assist in the implementation of Bentham’s principles

Russia’s Hybrid War and its implications for Defence and Security in the United Kingdom – a Case Study

CITATION: Bachmann, S. D. & Paphiti, A. 2017. Russia’s Hybrid War and its implications for Defence and Security in the United Kingdom. Scientia Militaria, South African Journal of Military Studies, 44(2):28-67, doi:10.5787/44-2-1175.The original publication is available at http://scientiamilitaria.journals.ac.zaThis article uses the example of Russia’s aggressive action against Ukraine as an example of a new form of contemporary war fighting, namely hybrid war, and discusses how Russia has been successful in exploiting vulnerabilities of its opponents. The article reports on the United Kingdom as a case study to discuss potential threats and how these can be countered. While using the United Kingdom as an example, the ramifications of such a hybrid approach also apply to South Africa as a state which is vulnerable in respect to economic warfare, cyberattacks and its energy sector. The suggested counteractions could also be seen as lessons learned for a future South African scenario. It is a further development of a short submission to the Defence Select Committee of the UK House of Commons.http://scientiamilitaria.journals.ac.za/pub/article/view/1175Publisher's versio