Chapter 9: Final remarks and conclusion
The conclusion looks back at the various approaches taken to understand whether the ASR apply to the privatization of security and new trends in warfare. To answer the overarching question of this study, the ASR are applicable to the privatization of security and new trends in warfare. There are, however, several challenges. These range from the discussed relativity of key concepts of attribution to the inapplicability of the effective control test to autonomous warfare. The traditional understanding of elements of governmental authority as well as control and oversight must be adapted to allow for their application to new trends in warfare. These trends, ranging from remote operations to autonomy in weapon systems, bear many legal challenges. They also create increased due diligence obligations. Yet, because of the relativity of this concept, there is limited merit in solely focusing on the states’ positive obligations.
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