International Review of the Red Cross · 2012 · 355 citations · 11 references
LawHuman Rights LawInternational LawArmed ConflictHuman RightsInternational Humanitarian LawCustomary International Humanitarian LawInternational Human Rights LawMethods Of WarfareMilitary NecessityPrinciples Of DistinctionRight To LifeGeneva ConventionsInternational Customary LawLethal Autonomous Weapons SystemsPrinciple Of Military NecessityProhibited WeaponsProtection During Armed ConflictWeapon SystemsWeapons Law
The article reviews recent scholarship on banning autonomous weapon systems, noting that international humanitarian and human rights law implicitly require human judgment in decisions of lethal force. It argues that a ban grounded in human rights and humanitarian principles is necessary and proposes establishing a legal duty against autonomous lethal force as an international norm. The authors advocate creating a treaty that obliges individuals, states, and armed forces to refrain from delegating independent lethal decision‑making to machines, thereby preventing the emergence of autonomous weapons that threaten basic rights.
Abstract This article considers the recent literature concerned with establishing an international prohibition on autonomous weapon systems. It seeks to address concerns expressed by some scholars that such a ban might be problematic for various reasons. It argues in favour of a theoretical foundation for such a ban based on human rights and humanitarian principles that are not only moral, but also legal ones. In particular, an implicit requirement for human judgement can be found in international humanitarian law governing armed conflict. Indeed, this requirement is implicit in the principles of distinction, proportionality, and military necessity that are found in international treaties, such as the 1949 Geneva Conventions, and firmly established in international customary law. Similar principles are also implicit in international human rights law, which ensures certain human rights for all people, regardless of national origins or local laws, at all times. I argue that the human rights to life and due process, and the limited conditions under which they can be overridden, imply a specific duty with respect to a broad range of automated and autonomous technologies. In particular, there is a duty upon individuals and states in peacetime, as well as combatants, military organizations, and states in armed conflict situations, not to delegate to a machine or automated process the authority or capability to initiate the use of lethal force independently of human determinations of its moral and legal legitimacy in each and every case. I argue that it would be beneficial to establish this duty as an international norm, and express this with a treaty, before the emergence of a broad range of automated and autonomous weapons systems begin to appear that are likely to pose grave threats to the basic rights of individuals.
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