The age of the manual - The impact of the manual on international law applicable to air and missile warfare

Abstract

The HPCR Manual on International Law Applicable to Air and Missile Warfare,1 (the “AMW Manual”) is quickly finding its place in the international legal firmament. It joins the San Remo Manual on International Law Applicable to Armed Conflicts At Sea2 (the “San Remo Manual”) and the Tallinn Manual on the International Law Applicable to Cyber Warfare3 (the “Tallinn Manual”) in contributing towards a contemporary articulation of legal rules and standards relevant to the conduct of modern warfare. Its growing acceptance4 is a testament not only to its underlying quality, but also to an emerging awareness of the role that these Manuals play in the highly dynamic environment of modern military operations. We are living in the ‘age of the manual’ where such publications are acquiring almost canonical status and there are reasons for this. This paper will examine that phenomenon and offer an explanation as to why manuals of this type are assuming such significance. It will also briefly describe the process that underpinned the evolution of the AMW Manual with specific reference to the regional meeting that occurred in Sydney in 2007. That meeting facilitated significant input by stakeholders, which contributed greatly to the quality of its content. This paper will then examine selected rules and standards enunciated in the AMW Manual and will argue why these provisions have particularly advanced the legal framework for undertaking operations in the air and missile environment. Finally, the last Part of this paper will undertake an assessment of the significance of the AMW Manual and its brethren in relation to its contribution to the development of international law.