As someone who spent four years as one of the guys sitting in an underground control center with the launch keys to armed nuclear ICBMS, I have a rather unique perspective.
The ideas behind LOAC are not obsolete. They are in dire need of updating, but the principles remain. The whole system was born out of formalizing various gentleman’s agreements about warfare and how it should be conducted with (and against) a largely conscripted force. It made sense in a time where nations held the monopoly on legitimized violence for political purposes, and had to deal with the consequences of any actions that were taken. Nobody wants to see their population riddled with the effects of nerve gas, biological agents, and other things that are limited by LOAC.
But we are rapidly transitioning to an era where international political and military acts are no longer the sole realm of nations. Militant religious groups, political groups, and others are building international networks through the use of readily available technology that pose significant security concerns. A lone motivated individual with sufficient computer skills could create a computer virus with the potential to take down a nation’s technological infrastructure, something that nations have attempted to do through warfare for generations.
We are rapidly approaching a time when a lone individual with the resources and know-how will be able to create a man-made super virus that could wipe out all human life on earth. The technology already exists, and its only getting cheaper and more available.
So the question is what changes do we need to make? This goes far beyond just thinking in terms of FMJ vs soft point. Armed conflict has existed ever since Cain picked up a rock and put it to use. As long as we recognize that violence will exist, there is always room to establish laws for the legitimate use of it. But I think we are going to have to bring the laws up to date with current tech.
For example, we don’t allow the indiscriminate targeting of civilians and hospitals with any of our weapons. But if we were to launch a cyber attack against an adversaries power grid, and all the hospitals in country went dark, what happens to the patients on life support? If water treatment plants can no longer treat water because of electrical or technological issues, who is responsible for the disease that will run rampant?
There are advancements being made in nano-medicine that could temporarily boost your intelligence, strength, and speed. However, the same tech could be turned into weapon that would do the exact opposite to a population, slowing their mental capacities and turning them lethargic. What kind of ethical discussions does that bring to the table?
Anyway, I’m rambling. It’s just a thought. The things we think of now as far as LOAC are small potatoes compared to the capabilities that will be widely available in the future.