Law of War and Armed Conflict

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CJIL Online 2.2
Technologically Enabled Surrender Under the Law of Armed Conflict
David A. Wallace
Brigadier General (ret.) David A. Wallace previously served as the Professor and Head, Department of Law, United States Military Academy, West Point, New York, and has been designated a Professor Emeritus. He is currently the United States Naval Academy Class of 1971 Distinguished Military Professor of Law & Leadership.

The views expressed in this work are those of the authors. They do not necessarily reflect the official policy or position of the United States Naval Academy, United States Military Academy, the Department of the Navy, the Department of the Army, or the Department of Defense.

Shane R. Reeves
Brigadier General Shane R. Reeves is the 15th Dean of the Academic Board of the United States Military Academy, West Point.

The views expressed in this work are those of the authors. They do not necessarily reflect the official policy or position of the United States Naval Academy, United States Military Academy, the Department of the Navy, the Department of the Army, or the Department of Defense.

Christopher J. Hart
Lieutenant Commander Christopher J. Hart is a submarine officer stationed at the United States Naval Academy as a senior instructor in the Leadership, Ethics, and Law Department.

The views expressed in this work are those of the authors. They do not necessarily reflect the official policy or position of the United States Naval Academy, United States Military Academy, the Department of the Navy, the Department of the Army, or the Department of Defense.

This Article discusses the development of the modern legal consequences of surrender under the law of armed conflict and explores how technologically enabled surrender is being used in Ukraine. It concludes with an analysis of the impact of these technologies on the surrender process and presents an adaptive interpretation of existing norms, leading to three overarching themes.

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17.1
Closing Impunity Gaps for the Crime of Aggression
Jocelyn Getgen Kestenbaum

The author would like to thank Benjamin B. Ferencz for his comments and feedback in writing this article. His inspiring and unwavering sense of justice toward ending aggressive war is second to none. The author would also like to thank Professors Carolyn Patty Blum, Gabor Rona, Deborah Pearlstein, Eda Katherine Tinto, Binny Miller, and Warren Binford, as well as Federica D’Alessandra and the NYU Writer’s Workshop participants for their invaluable comments on earlier drafts. Additionally, the author thanks the CJIL student editors for their thoughtful and excellent editing.