Part I. Conflict preparation in peace, crisis and wartime

The first part of the conference addresses selected issues of total state defence in terms of defence preparation, distinction, precautions, protection of critical infrastructure and cultural protection in the peace time legal framework, including various forms of crises, emergencies, competition and hybrid activities, and in situations of armed conflict. 

Most of the precautionary measures can, should and must be prepared and/or done in peace time or in times of crisis leading up to a possible armed conflict. Moreover, protective measures and precautions taken prior to the outbreak of hostilities are likely to be much more effective and to provide much better protection during the armed conflict. In addition, such precautionary measures and preparation of a possible future battlefield will allow the armed forces to operate without the same level of legal restraints and constraints and, thus, provide for more freedom of movement and freedom of actions in a state’s total defence.

In a still functioning state as opposed to a failed state without an in-place functional governmental structure and power, civil society will be regulated and controlled by national authorities during times of peace and crisis. This will continue as far as possible during wartime (times of an armed conflict). In case of a foreign (alien) occupation, the occupying power (state) has the obligation to ensure civil law and order as far as tenable with due respect to the law of the occupied state or territory. In times of armed conflict, there might be a situation of non-functioning or mal-functioning  state authorities, where a law enforcement vacuum in the sense of a full or partial absent law enforcement mechanism can be the result, but the territorial law of that state will still be applicable. The obligations of the Law of Armed Conflict (LOAC or International Humanitarian Law, IHL) also apply in apparently peaceful places outside the area of actual armed hostilities, and, moreover, some LOAC obligations apply in peace time (that is before an armed conflict) as well. Hence, in a functional or partly functional war fighting state, a clear distinction between the applicable peacetime and wartime legal framework of LOAC/IHL is not always possible.

One topic addressed in this first part is the precautionary measures in attack and defence. The question of precautions in attack is analysed by way of practical examples, and the often not prioritised and partly overlooked precautionary obligation in defence and the implementation is scrutinised. Other issues dealt with are the protection of infrastructure, including medical facilities, for the sake of civilian protection and the obligation to ensure the survivability of the civilian population. Two complex issues are therefore in focus, first the importance of a war-sustaining effect of infrastructure and the reverberating effects of damages and destruction of national critical infrastructure. Moreover, the special protection of cultural objects is revisited.

An analysis of these different legal obligations in peace, crisis and wartime and the content and applicability of those obligations is the overall theme of this first part. The adherence to those obligations will in the best possible way provide the foundation of a sufficient level of civilian protection and distinction, ensure the establishment of all feasible precautions for the protection of the civilian population, maintain a functional and protected infrastructure for the survivability of civilians and protect their cultural heritage to the benefit of future generations.

Part II. LOAC in large-scale conflict

The second part of the conference is devoted to the application of the LOAC (IHL) in times of a large-scale international armed conflict, where armed forces of two or more states are waging war and perhaps even existential wars for state survivability.

The selected topics are those which in the recent and currently ongoing armed conflict have turned out to be most critical and challenging for state armed forces and the civilian society affected by armed hostilities.

The first session addresses the undefined and flexible notion of military necessity and the closely connected proportionality test in a scenario of a state in total defence of its sovereignty and independence. The way those two requirements are addressed in national military manuals and policies differs greatly, a few manuals are quite elaborate and detailed on the matter, but others mostly give short explanatory formulas or leave the issues more or less unaddressed. In particular, in the conduct of combat engagement at the lower tactical level, instant and rapid decisions are required by the on-scene commanders, which does not leave much time for deliberations nor any possibility to make detailed assessments and analysis. There is, in addition, an important command responsibility at all levels to take necessary and reasonable measures when giving guidance on and overseeing formations and units’ application of the principle of military necessity and the proportionality test.

The second session is devoted to the practical application of precautions, and the content of feasibility and constant care are addressed, which is tested in the very likely scenario of urban fighting and warfare. 

The third session then turns to the problem of distinction on the modern battlefield. It goes into the classic and modern combatant concept and distinction and asks the question of where we are today? Thereafter, the combatant distinction on the modern battlefield in practice is analysed.

The fourth session focuses on selected issues of means and methods. They open the discussion of modern means (i.e. drones), cyber and AI. The use of AI as a Lawful Means of Warfare is analysed, and a discussion of the legal challenges by cyber warfare follows. The second part of the conference ends with the experience with semi or full autonomous drones and robots on the battlefield and the legal challenges this brings. 

Time and place 

Time: Wednesday 11 November at 08:30 - Thursday 12 November at 17:05

Place: Aarhus University, Aula building 1412, Nordre Ringgade 4, 8000 Aarhus C

Registration

Please register for the conference no later than 8 October 2026.