Prof Hitoshi Nasu on The Perfidy Implications of Invisibility Technology on Battlefields of the Future

Professor Hitoshi Nasu contributed a chapter titled “Invisible Soldiers” to The Impact of Emerging Technologies on the Law of Armed Conflict edited by Ronald T.P. Alcala and Eric Talbot Jensen.

The chapter considers interpretation of the Law of Armed Conflict in the context of the use of invisibility technology in warfare. Recent technological developments point that the invisibility technology may be used on battlefields in the future. The chapter focuses in particular on questions around the legality of the use of invisibility technology for deceptive purposes. Professor Nasu reviews how certain usages of invisibility technology may circumvent the criteria of perfidy and amount to a prohibited act of perfidy. Grey areas of perfidy in this context are identified and adequacy of the rule in regulating the uses of invisibility technology on battlefields is challenged. Legal restrictions are examined regarding circumstances in which invisibility technology can be lawfully used. Professor Nasu concludes by suggesting  certain considerations that should guide States in considering when to employ invisibility technology in armed conflict and in training military units to use it as a method of warfare.