Big Data and Armed Conflict Legal Issues Above and Below the Armed Conflict Threshold

This book provides a pathbreaking attempt both to define the important legal questions related to the growing use of “big data” in extraterritorial military operations, and to begin to provide some answers. Big data, meaning the troves of data generated by new information technologies and the advanced analytics used to process that data, is radically reshaping the modern battlefield. Like many new military technologies and capabilities, the myriad uses of big data present broad questions about how to translate existing rules and principles embedded in multiple bodies of law to these new contexts, both within armed conflict, as part of adversarial activities below the armed conflict threshold, and in a range of related operations that increasingly use, deploy, and target such data. These questions extend beyond the role of big data within weapons systems and other military capabilities to questions about the nature of civilian harm, scope of individual rights, atrocity investigation, and humanitarian relief.

The chapters in this book comprise the first initiative to grapple with a wide swath of these questions including whether, and how, jus ad bellum, international humanitarian law, international human rights law, and international criminal law might apply to operations involving big data. At the same time, because big data is so transformative, the uses of such data provoke deeper questions about the law itself, exposing gaps and interpretive ambiguities in existing legal frameworks that generate critiques of those frameworks as inadequate. Accordingly, while big data holds enormous promise, it also has the potential to disrupt modern warfare and the rule of law itself. This book confronts these issues directly, offers a range of approaches, and suggests an initial roadmap for scholars and practitioners alike.

Laura A. Dickinson is the Oswald Symister Colclough Research Professor and Professor of Law at George Washington University. Her work addresses national security, human rights, and international humanitarian law. She has authored numerous articles in leading law reviews, including the American Journal of International Law and the Southern California Law Review. Her prize-winning book, Outsourcing War and Peace, outlines a framework to protect public values in an era of privatization. She has served as Special Counsel to the General Counsel of the U.S. Department of Defense and as a senior policy adviser at the U.S. Department of State.

Lieutenant Colonel Edward W. Berg serves as an Assistant Professor in the Department of Law at the United States Military Academy, West Point, New York. He earned a BA in History from Emory University in 1995 and an MA in Philosophy from Georgia State University in 1998. He earned a JD in 2004 at William and Mary School of Law. He earned an LL.M. in Military Law in 2010 and graduated from the Army's Command and General Staff College at Fort Leavenworth, KS in 2013. In 2019, he earned an LL.M. in Comparative Law at Columbia University in New York.