Animals have historically performed numerous tasks in armed conflicts. Some of the most intelligent marine mammal species are trained in highly sophisticated secret naval and army training programmes. Together with their abilities and easy training, they make for indispensable military or naval assets. Despite the long history of utilization, no state has so far publicly addressed the international legal aspects of their involvement, role or function in armed conflicts.
Focusing on lex lata rather than moral and ethical underpinnings, this thesis conducts a thorough legal analysis of the applicable provisions of international law. It examines whether and how the existing international law, particularly the law of armed conflict, regulates the training and utilisation of marine mammals in armed conflicts. The thesis hypothesises that international law insufficiently regulates the participation of marine mammals in armed conflicts and other activities that are most often at least indirectly related to them or their prevention or mitigation. Therefore, the international legal framework should be appropriately upgraded, as available data indicates that they participate in armed conflicts.
Despite the efforts for greater animal welfare and protection, the thesis recognises that under the current international legal framework, marine mammals are treated as objects rather than sentient beings. Further, it explores potential means for limiting or prohibiting the utilisation of marine mammals in armed conflicts and identifies ways to address the legal gaps in this area.
Given the lack of discussion on this issue in international legal forums, it proposes the adoption of soft law documents as a first step towards developing a legally binding framework.
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