Abstract
Emerging technologies such as artificial intelligence, cyber capabilities, autonomous weapons, and advanced robotics are reshaping the conduct of hostilities and, in particular, the process of targeting in armed conflict. Drawing on historical analogies of technological adaptation in warfare, this article applies a framework of “waning” and “emerging” factors to analyze the evolving relationship between the law of armed conflict (“LOAC”) and technological innovation. The discussion focuses on three critical dimensions of targeting: the places where conflict occurs, the actors engaged in conflict, and the means and methods employed. As traditional constraints rooted in geography, state-centric conflict, and kinetic weaponry decline in relevance, new challenges emerge in domains such as cyberspace, outer space, and the information environment; in the blurred roles of combatants, civilians, and non-state actors; and in the development of non-kinetic and AI-enabled weapons. The article argues that while the core principles of LOAC remain robust, their application will face increasing pressure and require nuanced adaptation—particularly concerning definitions of attack, proportionality, distinction, and precautions. Rather than demanding wholesale legal reform, these technological shifts call for a recalibration of existing norms to preserve humanitarian protections while accommodating the realities of modern and future warfare.
Recommended Citation
Megan Hofstetter & Eric T. Jensen,
Emerging Technologies and Targeting During Armed Conflict,
70
St. Louis U. L.J.
(2026).
Available at:
https://scholarship.law.slu.edu/lj/vol70/iss2/7