II Encontro Anual Inves;gação e Desenvolvimento em Ciências Militares (EAI&DCM2019) Nov. 27, 2019, Naval School, Naval Base, Alfeite, Almada Parallel Session AR3 – Military Opera,ons Paper No. 24, Presenta,on No. 2, 11:00, Room 4 Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum. A Tricky Issue Marco Marsili Centro de Inves,gação, Inovação e Desenvolvimento da Academia Militar (CINAMIL) Centro de Inves,gação e Desenvolvimento do Ins,tuto Universitário Militar (CIDIUM) Supported through national funds under grant SFRH/BD/136170/2018 UNCLASSIFIED
Purpose and Scope of the Study • This study aims to raise ques,ons that could be useful to policymakers and military leaders to open up poli,cal space to get deals done. • The purpose of this contribu,on is not to address the strategic and/or tac,cal implica,ons of these concepts to the ba\lespace, which this study does not provide any, rather than turning on a light on the risks posed by the lack of standard defini,ons. • This calls into ques,on the tradi,onal division between civil and military, that is between combatants and non- combatants, and the applica,on of interna,onal law. • It’s not only a holis,c view of the opera,onal environment, that should be explored, but also the ethical and legal implica,ons should be taken into account. _______________________________________________________________________ Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2) 2
Introduc;on The ba\lefield has become undefined and • virtually unlimited. The NATO is focused on developments in the • field of automa,on, in the integra,on of ar,ficial intelligence, and the design of unmanned vehicles capable of opera,ng in mul,ple domains, and in technological convergence, i.e. the integra,on of mul,ple research fields in the iden,fica,on of the solu,on to a technological challenge. • The high-tech evolu,on of warfare – ar,ficial intelligence, machine learning, lethal and non-lethal unmanned systems, lethal autonomous weapon systems, supersonic weapons, quantum compu,ng and big data – imposes the need to operate across all domains. _______________________________________________________________________ Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2) 3
Tradi;onal (Physical) Opera;onal Domains Classic domains are generally well understood conceptually, to the extent that joint doctrine does not feel the need to define them. _______________________________________________________________________ Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2) 4
New Warfigh;ng Domains The tradi,onal par,,on of physical domains of land, air, mari,me – plus the informa,on domain and the electromagne,c spectrum (EMS) – has become obsolete: Ø July 2016 – NATO recognizes cyber a domain of opera,ons; Ø June 2019 – NATO approves the first-ever space policy, a step towards the acknowledgment of space as an opera,onal domain; Ø August 2019 – U.S. President Donald J. Trump characterizes (outer-)space as a warfigh,ng domain. _______________________________________________________________________ Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2) 5
Ques;on While the doctrine can define more or less • easily these concepts, the ques,on of their legal defini,on has not be addressed and fixed. Not yet defined the basic term ‘domain’, as well • as the new domains added to the tradi,onal ones, we are asking what’s aker joint. _______________________________________________________________________ Marco Marsili - Shaping the Holistic Concept of Multi-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2) 6
From Cross-Domain to Mul;-Domain New concepts of opera,on, fueled by • technological advances, have facilitated interconnec,vity across different domains of warfare. FM 3-38, Figure 1-2 We moved quickly from cross-domain to • mul,-domain, without the ,me to define any of the new domains, neither of the classic domains — the doctrine does not provide any defini,on of the basic term ‘domain’. Mul,-Domain Opera,ons (MDO), is about • how opera,ons are conducted in ,me and space with synchroniza,on of the other domains — converging military capabili,es across the joint force with con,nuous integra,on across mul,ple domains. _______________________________________________________________________ Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2) 7
Con;nuum of Domains & Conflict Mul;ple Domain of Opera;ons Holistic View of the Continuum of Domains and Conflict T= í land, sea, air ý Ì MDO MDO= í Land, Sea, Air, Info, Ems, Cyber, Space ý MDO=Tradi,onal È Info È Ems È Cyber È Space CoD/CoC=Tradi,onal Ç Info Ç Ems Ç Cyber Ç Space Mul,ple Domain of Opera,ons and Con,nuum of Domains and Conflict (CoD/CoC) can be represented with Euler-Venn diagram and formulas. _____________________________________________________________________ Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2) 8
Challenge The two camps – the western of the U.S.- • led NATO, and that of the adversaries, firstly China and Russia – seek to derive mutual benefit from the absence of standards and legally binding norms. While the space domain involves only the • states, given the necessary capabili,es, other domains – e.g., the cyber, the informa,on, and the EMS – are accessible also to non-state en,,es, such as insurgents and terrorist groups, and this poses further ethical and legal ques,ons that should be ,mely addressed by the interna,onal community. Posi,ve and customary interna,onal law – • mul,lateral and bilateral trea,es, the law of war, interna,onal humanitarian law (IHL) – are put to the test in this challenge. _______________________________________________________________________ Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2) 9
Conclusions Before coming to a defini,on of MDO, it is necessary to define non- • tradi,onal domains and the correla,on between domains. Domain integra,on is an excep,onally tricky issue that poses challenges • on several layers: technological, legal, poli,cal, military, opera,onal, strategic, tac,cal. Given the complexity of modern warfare, the field of hybrid and • asymmetric conflicts expands drama,cally, and it should be limited by serng a threshold. Rules are necessary to impose legal limits on the use of lethal force, to • avoid an escala,on, and to protect civilians. It is no small ma\er, as it comes to adap,ng the doctrine to current public • interna,onal law, or to modify the la\er to fit the first. Poli,cal and military leaders are mainly focuses on the development of • strategic and tac,cal concepts, and they neglect the importance of a binding legal framework — this leaves hands free. The liaison between poli,cal and opera,onal levels in decision-making • process requires that the norms be well defined, also to ensure accountability. _______________________________________________________________________ Marco Marsili - Shaping the Holis;c Concept of Mul;-Domain in a Legal Vacuum (EAI&DCM2019) AR3(2) 10
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