Legal Challenges of Human Enhancement in Armed Forces: A Perspective from Human Rights and Humanitarian Law

In the modern era, with the advancement of new technologies, the concept of "human enhancement" of military personnel has emerged as one of the most challenging issues in international law. However, the absence of a clear and comprehensive definition of this concept remains a significant barrier to legal analysis and the assessment of its legitimacy. Although international and regional conventions do not explicitly address human enhancement, by examining its various forms and manifestations, a preliminary framework for understanding this phenomenon can be developed. This paper adopts an analytical-interpretive approach to examine the position of human enhancement in international humanitarian law, relying on principles such as necessity, proportionality, distinction, and the prohibition of unnecessary suffering to explore its potential legality or prohibition. The findings indicate that although human enhancement does not inherently fall under the prohibitions related to biological and chemical weapons, it may under certain conditions be considered a method of warfare and therefore subject to existing legal norms. Moreover, Article ۲۲ of the Hague Regulations and Articles ۳۵ and ۳۶ of Additional Protocol I to the Geneva Conventions provide tools for a dynamic and purposive interpretation of this emerging phenomenon. Additionally, the protection of the fundamental rights of enhanced military personnel particularly the right to life and human dignity is essential and must not be overlooked, even with individual consent. Ultimately, in light of existing conceptual and normative gaps, a combined and harmonized interpretation of international human rights law and international humanitarian law may offer a foundation for dual protection and help define legitimate frameworks for the use of human enhancement in military contexts.

کلیدواژه ها:

Human Enhancement ، Military Personnel ، International Humanitarian Law ، Human Rights ، Legal Challenges