La manipulation electronique du corps humain en droit international ou noli me tangere

• LETIZIA SEMINARA ^[1]
  1. [1] ’Université de Rome La Sapienza
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 2, 2016, págs. 345-364
• Idioma: francés
• Títulos paralelos:
  • The electronic manipulation of human body in international law or noli me tangere
• Enlaces
  • Texto completo (pdf)
• Resumen

  • New technologies certainly imply new questions to law. In particular, the recent invention of weapons that have the capacity to manipulate the human body from remote positions creates a number of problems under international law. Despite some consider that the use of these weapons is not forbidden by current norms of international law, this paper aims to show that, on the contrary, the electronic or electromagnetic manipulation of human body without the consent of the involved person is already prohibited in international law. The utilization of this kind of weapons in times of peace and the effects they may deploy on human body and personality, are not only banned by the general principles of international law, but also by other international norms that guarantee the rights of human beings, which come into play against the effects of these weapons. This prohibition is actually founded on several sources of international law. While the first part of the present work addresses the prohibition by the international principles of law, including the deep-rooted principle of inviolability of the human body, the second part deals with the prohibition by conventional international law, which covers the more recent human rights treaties’ norms. Although it could be maintained that a specific international treaty forbidding the manipulation of human body by these weapons is auspicable, this study concludes on the importance for the public of its conscience that the use of these weapons and the effects they produce on human body are already contemplated by international law and that the norms that envisage the matter go in the sense of a general prohibition.