There is increasing speculation within military and policy circles that the future of armed conflict is likely to include extensive deployment of robots designed to identify targets and destroy them without the direct oversight of a human operator. My aim in this paper is twofold. First, I will argue that the ethical case for allowing autonomous targeting, at least in specific restricted domains, is stronger than critics have acknowledged. Second, I will attempt to uncover, explicate, and defend the intuition that (...) even in this context there would be something ethically problematic about such targeting. I argue that an account of the non-consequentialist foundations of the principle of distinction suggests that the use of autonomous weapon systems is unethical by virtue of failing to show appropriate respect for the humanity of our enemies. However, the success of the strongest form of this argument depends upon understanding the robot itself as doing the killing. To the extent that we believe that, on the contrary, AWS are only the means whereby those who order them into action kill, the idea that the use of AWS fails to respect the humanity of our enemy will turn upon an account of what is required by respect that is essentially conventional. Thus, while the theoretical foundations of the idea that AWS are weapons that are “evil in themselves” are weaker than critics have sometimes maintained, they are nonetheless sufficient to the task of demanding a prohibition of the development and deployment of such weapons. (shrink)

Although most styles of military ethics are hybrids that draw on multiple ethical theories, they are usually based primarily on the model of Aristotelian virtue ethics. Virtue ethics is well-suited for regulating the conduct of soldiers who have to make quick decisions on the battlefield, but its applicability to military personnel is threatened by the growing use of unmanned weapon systems. These weapons disrupt virtue ethics’ institutional and cultural basis by changing what it means to display virtue and transforming the (...) roles soldiers perform and the nature of the military profession itself. I argue that in light of these challenges to virtue ethics, at least as it is traditionally understood within the armed forces, soldiers operating unmanned weapons require a more heavily rule-based approach to military ethics. (shrink)

Debates over how best to ensure appropriate conduct in battle typically draw a binary distinction between rule compliance and rule violation. This framing is problematic, excluding a critical third element of battlefield conduct, supererogation—that is, positive acts that go beyond what is demanded by the explicit rules of war. This article investigates this moral category of action; specifically, situations in which combatants refrain from taking the life of an enemy despite their moral and legal license to do so. It first (...) considers the moral tension between the duty of combatants to kill and battlefield mercy, and goes on to explore the factors that motivate the latter. The article then shifts to consider the significance of supererogation to the ongoing efforts to moderate the conduct of contemporary war. As the article illustrates, supererogatory restraint is constituted by values that when cultivated also incentivize adherence to the more explicit rules and standards of the battlefield. This is demonstrated through analysis of the conduct of Western special forces. The concept of supererogation is of further use when evaluating the origins and implications of “moral injury.” This is verified empirically in the context of armed unmanned aerial vehicles. (shrink)

The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of warfare. (...) International terrorism has not been dealt with in a cohesive fashion. Any international prosecution of terrorism which has been conducted has been either “sectoral” adopting a piecemeal typological approach or has been carried out at the domestic level. -/- A novel approach to the problem, of sub-national actors with transnational reach, was proposed, by attributing certain groups with a new legal personality, that of “Stateless International Entities”, or “SIEs”. Those groups who possess, for all intents and purposes, the same attributes as those of States, could then be judged for their behavior before an international tribunal. Other important topics addressed in this research include an examination of important case law, targeted killing, autonomy, preemption versus prevention, imminence versus intent, the find, fix and finish paradigm, the impact of the media, and the role of the CIA, and finally, the flawed reasoning which adopts technology as a form of strategy. (shrink)