Modern Savaş Teknolojileri ve Makul Komutan Standardının Dönüşümü
Modern War Technologies and the Transformation of the Reasonable Military Commander Standard

Summary/Abstract: This study aims to analyze the ontological and normative transformation of the “Reasonable Military Commander Standard” in International Humanitarian Law driven by modern surveillance technologies and AI-based decision support systems. While it is argued that the Clausewitzian “fog of war” excuse, which traditionally limited a commander’s liability, loses its validity in the face of today’s “System of Systems” and algorithmic targeting capabilities, it is further posited that the passive reasonableness threshold based on lack of information is replaced by a proactive obligation to verify and manage massive data pools. The study analyzes the automation bias created by systems such as Gospel and Lavender, which are examined specifically within the context of the Gaza conflicts, and the choice of munitions in urban warfare through case study methods regarding the breach of the legal duty of care. Consequently, it determines that the increase in technological capacity does not alleviate the commander’s responsibility but rather compels them to act with the perspective of a “Reasonable Data Analyst” requiring higher technical diligence. Within this framework, this study emphasizes that International Humanitarian Law jurisprudence must be reinterpreted in light of technological reality and that it is a legal necessity for human conscience to resist algorithmic speed.

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