In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that (...) the requirement of minimal force is an important requirement for considering ethical uses of force. In particular, we distinguish between lethal and non-lethal purposes of use of force and introduce the prospect of non-lethal AWS before reviewing a number of challenges which AWS pose with respect to their non-lethal use. The challenges arise where AWS generate unpredictable outcomes impinging upon the situational awareness required of combatants to ensure that their actions meet the requirement of minimal force. We conclude with a call for further research on the ethical implications of non-lethal uses of AWS as a necessary contribution for assessing the moral permissibility of AWS. (shrink)

In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that (...) the requirement of minimal force is an important requirement for considering ethical uses of force. In particular, we distinguish between lethal and non-lethal purposes of use of force and introduce the prospect of non-lethal AWS before reviewing a number of challenges which AWS pose with respect to their non-lethal use. The challenges arise where AWS generate unpredictable outcomes impinging upon the situational awareness required of combatants to ensure that their actions meet the requirement of minimal force. We conclude with a call for further research on the ethical implications of non-lethal uses of AWS as a necessary contribution for assessing the moral permissibility of AWS. (shrink)

In this article, we focus on the attribution of moral responsibility for the actions of autonomous weapons systems (AWS). To do so, we suggest that the responsibility gap can be closed if human agents can take meaningful moral responsibility for the actions of AWS. This is a moral responsibility attributed to individuals in a justified and fair way and which is accepted by individuals as an assessment of their own moral character. We argue that, given the unpredictability (...) of AWS, meaningful moral responsibly can only be discharged by human agents who are willing to take a moral gambit: they decide to design/develop/deploy AWS despite the uncertainty about the effects an AWS may produce, hoping that unintended and unwanted or unforeseen outcomes may never occurs, but also accepting to be held responsible if such outcomes will occur. We argue that, while a moral gambit is permissible for the use of non-lethal AWS, this is not the case for the actions of lethal autonomous weapon systems. (shrink)

Autonomous Weapon Systems (AWS) are artificial intelligence systems that can make and act on decisions concerning the termination of enemy soldiers and installations without direct intervention from a human being. In this article, I provide the positive moral case for the development and use of supervised and fully autonomous weapons that can reliably adhere to the laws of war. Two strong, prima facie obligations make up the positive case. First, we have a strong moral reason (...) to deploy AWS (in an otherwise just war) because such systems decrease the psychological and moral risk of soldiers and would-be soldiers. Drones protect against lethal risk, AWS protect against psychological and moral risk in addition to lethal risk. Second, we have a prima facie obligation to develop such technologies because, once developed, we could employ forms of non-lethal warfare that would substantially reduce the risk of suffering and death for enemy combatants and civilians alike. These two arguments, covering both sides of a conflict, represent the normative hill that those in favor of a ban on autonomous weapons must overcome. Finally, I demonstrate that two recent objections to AWS fail because they misconstrue the way in which technology is used and conceptualized in modern warfare. (shrink)

The ethics of warfare and military leadership must pay attention to the rapidly increasing use of artificial intelligence and machines. Who is responsible for the decisions made by a machine? Do machines make decisions? May they make them? These issues are of particular interest in the context of Lethal Autonomous Weapon Systems. Are they autonomous or just automated? Do they violate the international humanitarian law which requires that humans must always be responsible for the use of (...) lethal force and for the assessment that civilian casualties are proportionate to the military goals? The article analyses relevant documents, opinions, government positions, and commentaries using the methods of applied ethics. The main conceptual finding is that the definition of autonomy depends on what the one presenting it seeks to support. Those who want to use lethal autonomous weapon systems call them by another name, say, automated instead of autonomous. They impose standards on autonomy that machines do not meet, such as moral agency. Those who wish to ban the use of lethal autonomous weapon systems define them much less broadly and do not require them to do much more than to be a self-standing part of the causal chain.The article’s argument is that the question of responsibility is most naturally perceived by abandoning the most controversial philosophical considerations and simply stating that an individual or a group of people is always responsible for the creation of the equipment they produce and use. This does not mean that those who press the button, or their immediate superiors, are to blame. They are doing their jobs in a system. The ones responsible can probably be found in higher military leadership, in political decision-makers who dictate their goals, and, at least in democracies, in the citizens who have chosen their political decision-makers. (shrink)

Lethal Autonomous Weapons (LAWs) are robotic weapons systems, primarily of value to the military, that could engage in offensive or defensive actions without human intervention. This paper assesses and engages the current arguments for and against the use of LAWs through the lens of achieving more ethical warfare. Specific interest is given particularly to ethical LAWs, which are artificially intelligent weapons systems that make decisions within the bounds of their ethics-based code. To ensure (...) that a wide, but not exhaustive, survey of the implications of employing such ethical devices to replace humans in warfare is taken into account, this paper will engage on matters related to current scholarship on the rejection or acceptance of LAWs—including contemporary technological shortcomings of LAWs to differentiate between targets and the behavioral and psychological volatility of humans—and current and proposed regulatory infrastructures for developing and using such devices. After careful consideration of these factors, this paper will conclude that only ethical LAWs should be used to replace human involvement in war, and, by extension of their consistent abilities, should remove humans from war until a more formidable discovery is made in conducting ethical warfare. (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is (...) false and where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

The question of whether new rules or regulations are required to govern, restrict, or even prohibit the use of autonomous weapon systems has been the subject of debate for the better part of a decade. Despite the claims of advocacy groups, the way ahead remains unclear since the international community has yet to agree on a specific definition of Lethal Autonomous Weapon Systems and the great powers have largely refused to support an effective ban. In (...) this vacuum, the public has been presented with a heavily one-sided view of Killer Robots. This interdisciplinary volume presents a more nuanced approach to autonomous weapon systems that recognizes the need to progress beyond a discourse framed by the Terminator and HAL 9000. Re-shaping the discussion around this emerging military innovation requires a new line of thought and a willingness to challenge the orthodoxy. Lethal Autonomous Weapons focuses on exploring the moral and legal issues associated with the design, development and deployment of lethal autonomous weapons. The volume brings together some of the most prominent academics and academic-practitioners in the lethal autonomous weapons space and seeks to return some balance to the debate. As part of this effort, it recognizes that society needs to invest in hard conversations that tackle the ethics, morality, and law of these new digital technologies and understand the human role in their creation and operation. (shrink)

The UN Convention on Certain Conventional Weapons (CCW) can, on the one hand, be considered vital for the global governance process—in the sense of urging international cooperation on the ethical, developmental, and standards aspects of lethal autonomous weapon systems (LAWS). On the other hand, the CCW may also embody a global trend that does not augur well for international solidarity, namely the lack of credible and comprehensive collaboration to advance global objectives of peace and security. In (...) 2022, a majority of the 125 nations that belong to the CCW requested limits on a specific type of lethal autonomous weapons: “killer robots.” Yet, most of the major global powers—namely the United States, Russia, and China—opposed not only a ban on LAWS but also on any restrictions on the development of these weapons, not least because the United States, Russia, and China are actively developing this weapons technology. While there is currently much focus on the technological evolution of LAWS, less has been written about how ethical values can exert influence on a growing global consciousness around factors such as power, technology, human judgment, accountability, autonomy, dehumanization, and the use of force. This introduction lays the groundwork for dealing with these issues. It does so by showing that all these factors warrant a pluralist approach to the global governance of LAWS, based on multiple grounds, including the military, tech, law, and distinctive theoretical-ethical orientations; the rationale being to combine this expertise into a collection for publication. Reflecting the contributing authors’ firsthand experiences of the ethics surrounding the management of LAWS to address decisive and critical questions at an expert level, it provides a framing for the collection, showing that the use of international legal mechanisms like the CCW are crucial to considering both the potential and the limits of LAWS, as well as what it can contribute to areas such as international law, human rights, and national security. (shrink)

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. (...) We show that the crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long- (...) distance, human-guided weaponry. We suggest that at least one major driver of the intuitive moral aversion to lethal AWS is that their use disrespects their human targets by violating the martial contract between human combatants. On our understanding of this doctrine, service personnel cede a right not to be directly targeted with lethal violence to other human agents alone. Artificial agents, of which AWS are one example, cannot understand the value of human life. A human combatant cannot transfer his privileges of targeting enemy combatants to a robot. Therefore, the human duty-holder who deploys AWS breaches the martial contract between human combatants and disrespects the targeted combatants. We consider whether this novel deontological objection to AWS forms the foundation of several other popular yet imperfect deontological objections to AWS. (shrink)

To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long-distance, (...) human-guided weaponry. We suggest that at least one major driver of the intuitive moral aversion to lethal AWS is that their use disrespects their human targets by violating the martial contract between human combatants. On our understanding of this doctrine, service personnel cede a right not to be directly targeted with lethal violence to other human agents alone. Artificial agents, of which AWS are one example, cannot understand the value of human life. A human combatant cannot transfer his privileges of targeting enemy combatants to a robot. Therefore, the human duty-holder who deploys AWS breaches the martial contract between human combatants and disrespects the targeted combatants. We consider whether this novel deontological objection to AWS forms the foundation of several other popular yet imperfect deontological objections to AWS. (shrink)

Despite resistance from various societal actors, the development and deployment of lethal autonomous weaponry to warzones is perhaps likely, considering the perceived operational and ethical advantage such weapons are purported to bring. In this paper, it is argued that the deployment of truly autonomous weaponry presents an ethical danger by calling into question the ability of such weapons to abide by the Laws of War. This is done by noting the resonances between battlefield target identification (...) and the process of ontic-ontological investigation detailed in Martin Heidegger’s Being and Time, before arguing that the nature of lethal autonomous weaponry precludes them from being able to engage in such investigations—a key requisite for abiding by the relevant legislation that governs battlefield conduct. (shrink)

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to determine (...) blame for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

This article describes a new and innovative methodology for calibrating trust in ethical actions by Lethal Autonomous Weapon Systems (LAWS). For the foreseeable future, LAWS will require human operators for mission planning, decision-making, and supervisory control; yet humans lack the cognitive bandwidth and processing speed to make prompt, real-time ethical decisions. As a result, trustworthy Artificial Intelligence (AI) will be required to support ethical decision-making. We use a Bayesian ethical decision model for: (1) human setting of ethical (...) preferences and thresholds in accordance with Laws of War and tactical criteria; and (2) highlighting the factors that contribute to strike/no-strike recommendations for human evaluation. The model can perform an ethical analysis, provide a quantitative ethical strike/no-strike score, and recommend actions to reduce decision uncertainty. In this article, we describe successful initial evaluation trials of the Bayesian model and of a human interface for interaction with the model. Our Bayesian ethical decision model has an immediate application in wargames; the model can also be used to train operators in understanding the principles and key factors relevant to ethical decision-making; and it may eventually be used in actual military operations employing LAWS. (shrink)

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to determine (...) blame for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

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)

Value Sensitive Design (VSD) is a design methodology developed by Batya Friedman and Peter Kahn (2003) that brings in moral deliberations in an early stage of a design process. It assumes that neither technology itself is value neutral, nor shifts the value-ladennes to the sole usage of technology. This paper adds to emerging literature onVSD for autonomous weapons systems development and discusses extant literature on values in autonomous systems development in general and in autonomous (...) weapons development in particular. I identify opportunities, such as public debates, and threats, such as the classified nature of the design process, for VSD in autonomous weapons development. This paper contributes to academic debates about the non-neutrality of technology by pointing out that values have been and can be explicitly designed into autonomous systems. It is informative for policy makers and designers who are tasked with developing actual autonomous weapons or policies around such systems, as they learn about an established design methodology that is sensitive to societal concerns and industry needs and that can be applied to autonomous weapons systems. (shrink)

This article contends that certain types of Autonomous Weapons Systems (AWS) are susceptible to Hume’s Law. Hume’s Law highlights the seeming impossibility of deriving moral judgments, if not all evaluative ones, from purely factual premises. If autonomous weapons make use of factual data from their environments to carry out specific actions, then justifying their ethical decisions may prove to be intractable in light of the said problem. In this article, Hume’s original formulation of the no-ought-from-is (...) thesis is evaluated in relation to the dominant views regarding it (viz., moral non-descriptivism and moral descriptivism). Citing the objections raised against these views, it is claimed that, if there is no clear-cut solution to Hume’s is-ought problem that presently exists, then the task of grounding the moral judgements of AWS would still be left unaccounted for. (shrink)

Systematic killing has long been associated with some of the darkest episodes in human history. Increasingly, however, it is framed as a desirable outcome in war, particularly in the context of military AI and lethal autonomy. Autonomous weapons systems, defenders argue, will surpass humans not only militarily but also morally, enabling a more precise and dispassionate mode of violence, free of the emotion and uncertainty that too often weaken compliance with the rules and standards of war. (...) We contest this framing. Drawing on the history of systematic killing, we argue that lethal autonomous weapons systems reproduce, and in some cases intensify, the moral challenges of the past. Autonomous violence incentivizes a moral devaluation of those targeted and erodes the moral agency of those who kill. Both outcomes imperil essential restraints on the use of military force. (shrink)

The possible future use of lethal autonomous weapons systems (LAWS) and the challenges associated with assigning moral responsibility leads to several debates. Some authors argue that the highly autonomous capability of such systems may lead to a so-called responsibility gap in situations where LAWS cause serious violations of international humanitarian law. One proposed solution is the doctrine of command responsibility. Despite the doctrine’s original development to govern human interactions on the battlefield, it is worth (...) considering whether the doctrine of command responsibility could provide a solution by applying the notion analogously to LAWS. A fundamental condition underpinning the doctrine’s application is the control requirement, stipulating that a superior must exert some degree of control over subordinates. The aim of this article is to provide an in-depth analysis of this control condition and assess whether it leads to the impossibility of applying the doctrine of command responsibility to LAWS. To this end, the first section briefly introduces the topic of LAWS and responsibility gaps. The subsequent section provides a concise overview of the doctrine itself and the conditions typically necessitated for its application. In the third section, a comprehensive scrutiny of the control requirement is undertaken through examination of key case law, examining how the concept has been interpreted. Finally, the fourth section delves into the evaluation of commanders’ potential to exert effective control over their (non-human) subordinates. Based on this, the feasibility of considering command responsibility as a viable solution is assessed, aiming to determine whether its application should be prima facie excluded or warrants further exploration. (shrink)

The purpose of this article is to provide a multi-perspective examination of one of the most important contemporary security issues: weaponized, and especially lethal, artificial intelligence. This technology is increasingly associated with the approaching dramatic change in the nature of warfare. What becomes particularly important and evermore intensely contested is how it becomes embedded with and concurrently impacts two social structures: ethics and law. While there has not been a global regime banning this technology, regulatory attempts at establishing a (...) ban have intensified along with acts of resistance and blocking coalitions. This article aims to reflect on the prospects and limitations, as well as the ethical and legal intensity, of the emerging regulatory framework. To allow for such an investigation, a power-analytical approach to studying international security regimes is utilized. (shrink)

ChatGPT launched in November 2022, triggering a global debate on the use of artificial intelligence (AI). A debate on AI-enabled lethal autonomous weapon systems (LAWS) has been underway far longer. Two sides have emerged: one in favor and one opposed to an international law ban on LAWS. This essay explains the position of advocates of a ban without attempting to persuade opponents. Supporters of a ban believe LAWS are already unlawful and immoral to use without the need (...) of a new treaty or protocol. They nevertheless seek an express prohibition to educate and publicize the threats these weapons pose. Foremost among their concerns is the “black box” problem. Programmers cannot know what a computer operating a weapons system empowered with AI will “learn” from the algorithm they use. They cannot know at the time of deployment if the system will comply with the prohibition on the use of force or the human right to life that applies in both war and peace. Even if they could, mechanized killing affronts human dignity. Ban supporters have long known that “AI models are not safe and no one knows how to reliably make them safe” or morally acceptable in taking human life. (shrink)

The international debate on the ethics and legality of autonomous weapon systems (AWS), along with the call for a ban, primarily focus on the nebulous concept of fully autonomous AWS. These are AWS capable of target selection and engagement absent human supervision or control. This paper argues that such a conception of autonomy is divorced from both military planning and decision-making operations; it also ignores the design requirements that govern AWS engineering and the subsequent tracking and tracing (...) of moral responsibility. To show how military operations can be coupled with design ethics, this paper marries two different kinds of meaningful human control (MHC) termed levels of abstraction. Under this two-tiered understanding of MHC, the contentious notion of ‘full’ autonomy becomes unproblematic. (shrink)

There has recently been increasing interest in the possibility and ethics of lethal autonomous weapons systems (LAWS), which would combine sophisticated AI with machinery capable of deadly force. One objection to LAWS is that their use will create a troubling responsibility gap, where no human agent can properly be held accountable for the outcomes that they create. While some authors have attempted to show that individual agents can, in fact, be responsible for the behaviour of LAWS (...) in various circumstances, this will not be possible in all cases. This article argues, however, that by assigning responsibilities to group agents operating within the military‐industrial complex, as well as the military‐industrial complex as a whole, we may be able to close the responsibility gap, or at least reduce its costs. Insofar as the potential for responsibility gaps poses an ethical barrier to the development and deployment of LAWS, this argument, if sound, may show their use to be morally permissible in a greater range of cases. (shrink)

Rapid technological change is resulting in the development of ever increasingly capable autonomous weapon systems. As they become more sophisticated, the calls for developing restrictions on their use, up to and including their complete prohibition, are growing. Not unlike the call for restrictions on the sale and use of drones, most proposed restrictions are well-intentioned but are often ill-informed, with a high likelihood of degrading national security and putting additional lives at risk. Employed by experienced operators well-versed in (...) the laws of armed conflict, autonomous weapons can advance the objectives of those who would prohibit their use. This essay takes an operational perspective to examine the role that autonomous weapon systems can play while complying with the laws of armed conflict. With responsible design and incorporation of applicable control measures, autonomous weapons will be able not just to comply but also to enhance the ethical use of force. This essay contends that efforts by the international community to use international legal means and/or institutions to over-regulate or even ban lethal autonomous weapons are counterproductive. It considers and describes the end-game results of the use of autonomous weapons in enhancing the application of both international law and human ethical values. (shrink)

Most contemporary conflicts can be characterized as ‘wars or conflicts amongst the people’. International military forces deployed in such conflicts are confronted with complex operational environments where the distinction between combatants and non-combatants is often impossible to make. At the same time, there is a moral requirement imposed on Western coalition forces to perform in a humane manner and to keep casualties to a minimum. Non-lethal weapons are expected to enable military forces to accomplish their mission without having (...) to kill or destroy. The extent to which these weapons meet that promise in real world conditions is the subject of debate. A defence technology assessment of non-lethal weapons is proposed that validates their utility and moral implications by considering the user, the weapon and the target in the context of the deployment situation. It will be illustrated that the technical parameters of the non-lethal weapons are no guarantee that the weapons will perform as intended as the user and target introduce many factors of uncertainty in real world situations. Although such uncertainties undermine the moral acceptability of non-lethal weapons, it is argued that the principle of non-lethality is compliant with the Just War Tradition principle of proportionality. The principles of non-combatant immunity and discrimination need to be re-calibrated given the human-centricity of many military intervention operations. (shrink)

Regulating war has long been a concern of the international community. From the Hague Conventions to the Geneva Conventions and the multiple treaties and related institutions that have emerged in the twentieth and twenty-first centuries, efforts to mitigate the horrors of war have focused on regulating weapons, defining combatants, and ensuring access to the battlefield for humanitarians. But regulation and legal codes alone cannot be the end point of an engaged ethical response to new weapons developments. This short (...) essay reviews some of the existing ethical works on lethal autonomous weapon systems (LAWS), highlighting how rule- and consequence-based accounts fail to provide adequate guidance for how to deal with them. I propose a virtue-based account, which I link up with an Aristotelian framework, for how the international community might better address these weapons systems. (shrink)

Discusses nuances required to balance out the debate surrounding the moral and legal permissibility of using autonomous weapon systems in war fighting.

Lethal Autonomous Weapons (LAWs) have becomes the subject of continuous debate both at national and international levels. Arguments have been proposed both for the development and use of LAWs as well as their prohibition from combat landscapes. Regardless, the development of LAWs continues in numerous nation-states. This paper builds upon previous philosophical arguments for the development and use of LAWs and proposes a design framework that can be used to ethically direct their development. The conclusion is that (...) the philosophical arguments that underpin the adoption of LAWs rather than not, although prima facie insufficient, can be actualized through the proposed Value Sensitive Design (VSD) approach. Hence, what is proposed is a principled design approach that can be used to embed stakeholder values into a design, encourage stakeholder cooperation and coordination and as a result promote social acceptance of LAWs as a preferable future fact of war. (shrink)

In this article I will argue that the philosophy of Benedict Spinoza may assist us in coming to terms with some of the conceptual challenges that the phenomenon of Artificial Intelligence poses on law and legal thought. I will pursue this argument in three steps. First, I will suggest that Spinoza’s philosophy of the mind and knowledge may function as an analytical tool for making sense of the prevailing conception of AI within the legal discourse on Lethal Autonomous (...) Weapons Systems. Then, I will continue the argument with the aid of Spinoza’s political philosophy which partly complicates the picture as it seems to disqualify a normative process grounded directly upon the means stipulated for achieving a robust understanding of AI. Based on these two separate discussions I will conclude by outlining a composite critique – from the twofolded perspective of Spinoza’s ethical and political discussions – of the ongoing negotiations of a new Conventional Weapons Convention protocol on LAWS. (shrink)

Will future lethal autonomous weapon systems (LAWS), or ‘killer robots’, be a threat to humanity? The European Parliament has called for a moratorium or ban of LAWS; the ‘Contracting Parties to the Geneva Convention at the United Nations’ are presently discussing such a ban, which is supported by the great majority of writers and campaigners on the issue. However, the main arguments in favour of a ban are unsound. LAWS do not support extrajudicial killings, they do not (...) take responsibility away from humans; in fact they increase the abil-ity to hold humans accountable for war crimes. Using LAWS in war would probably reduce human suffering overall. Finally, the availability of LAWS would probably not increase the probability of war or other lethal conflict—especially as compared to extant remote-controlled weapons. The widespread fear of killer robots is unfounded: They are probably good news. (shrink)

Autonomous weapons systems, often referred to as ‘killer robots’, have been a hallmark of popular imagination for decades. However, with the inexorable advance of artificial intelligence systems (AI) and robotics, killer robots are quickly becoming a reality. These lethal technologies can learn, adapt, and potentially make life and death decisions on the battlefield with little-to-no human involvement. This naturally leads to not only legal but ethical concerns as to whether we can meaningful control such machines, (...) and if so, then how. Such concerns are made even more poignant by the ever-present fear that something may go wrong, and the machine may carry out some action(s) violating the ethics or laws of war. -/- Researchers, policymakers, and designers are caught in the quagmire of how to approach these highly controversial systems and to figure out what exactly it means to have meaningful human control over them, if at all. -/- In Designed for Death, Dr Steven Umbrello aims to not only produce a realistic but also an optimistic guide for how, with human values in mind, we can begin to design killer robots. Drawing on the value sensitive design (VSD) approach to technology innovation, Umbrello argues that context is king and that a middle path for designing killer robots is possible if we consider both ethics and design as fundamentally linked. Umbrello moves beyond the binary debates of whether or not to prohibit killer robots and instead offers a more nuanced perspective of which types of killer robots may be both legally and ethically acceptable, when they would be acceptable, and how to design for them. (shrink)

This chapter considers how the adoption of autonomous weapons systems (AWS) may affect jus ad bellum principles of warfare. In particular, it focuses on the use of AWS in non-international armed conflicts (NIAC). Given the proliferation of NIAC, the development and use of AWS will most likely be attuned to this specific theater of war. As warfare waged by modernized liberal democracies (those most likely to develop and employ AWS at present) increasingly moves toward a model of (...) individualized warfare, how, if at all, will the principles by which we measure the justness of the commencement of such hostilities be affected by the introduction of AWS, and how will such hostilities stack up to current legal agreements surrounding their more traditional engagement? This chapter claims that such considerations give us reason to question the moral and legal necessity of ad bellum proper authority. (shrink)

Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more (...) information before using deadly force; robots can assess situations more quickly and do so without emotion, reducing the likelihood of fatal mistakes due to human error; and sending robots to war protects our own soldiers from harm. However, these arguments only point in favor of autonomous weapons systems, failing to demonstrate why such systems need be made *lethal*. In this paper I argue that if one grants all of the proponents' points in favor of LAWS, then, contrary to what might be expected, this leads to the conclusion that it would be both immoral and illegal to deploy *lethal* autonomous weapons, because the many features that speak in favor of them also undermine the need for them to be programmed to take lives. In particular, I argue that such systems, if lethal, would violate the moral and legal principle of necessity, which forbids the use of weapons that impose superfluous injury or unnecessary harm. I conclude by highlighting that the argument is not against autonomous weapons per se, but only against *lethal* autonomous weapons. (shrink)

Accountability for developing, deploying, and using any emerging weapons system is affirmed as a guiding principle by the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems. Yet advances in emerging technologies present accountability challenges throughout the life cycle of a weapons system. Mindful of a lack of progress at the Convention on Certain Conventional Weapons since 2019, this essay argues for a mechanism capable of imputing accountability (...) when individual agent accountability is exceeded, forensic accountability unreliable, and aspects of political accountability fail. (shrink)

Due to advances in military technology, there has been an outpouring of research on what are known as autonomous weapon systems (AWS). However, it is common in this literature for arguments to be made without first making clear exactly what definitions one is employing, with the detrimental effect that authors may speak past one another or even miss the targets of their arguments. In this article I examine the U.S. Department of Defense and International Committee of the Red (...) Cross definitions of AWS, showing that these definitions are far broader than some recognize, and that they therefore classify a much larger set of weapons as AWS. I then show that these broader views of AWS have implications for what moral and legal rules we might argue should be applied to such systems. I conclude by arguing there is a greater need for precision and clarity within AWS debates, in order to ensure that researchers are discussing the same weapon systems (autonomous or otherwise) when they argue for or against particular points. The purpose of this article is not to defend any specific view of AWS, nor to further any general endorsement or objection to such systems, but rather to show the importance of argumentative clarity in this debate. (shrink)

A classic objection to autonomous weapon systems (AWS) is that these could create so-called responsibility gaps, where it is unclear who should be held responsible in the event that an AWS were to violate some portion of the law of armed conflict (LOAC). However, those who raise this objection generally do so presenting it as a problem for AWS as a whole class of weapons. Yet there exists a rather wide range of systems that can be (...) counted as “autonomous weapon systems”, and so the objection is too broad. In this article I present a taxonomic approach to the objection, examining a number of systems that would count as AWS under the prevalent definitions provided by the United States Department of Defense and the International Committee of the Red Cross, and I show that for virtually all such systems there is a clear locus of responsibility which presents itself as soon as one focuses on specific systems, rather than general notions of AWS. In developing these points, I also suggest a method for dealing with near-future types of AWS which may be thought to create situations where responsibility gaps can still arise. The main purpose of the arguments is, however, not to show that responsibility gaps do not exist or can be closed where they do exist. Rather, it is to highlight that any arguments surrounding AWS must be made with reference to specific weapon platforms imbued with specific abilities, subject to specific limitations, and deployed to specific times and places for specific purposes. More succinctly, the arguments show that we cannot and should not aim to treat AWS as if all of these shared all morally relevant features, but instead on a case-by-case basis. Thus, we must contend with the realities of weapons development and deployment, and tailor our arguments and conclusions to those realities, and with an eye to what facts obtain for particular systems fulfilling particular combat roles. (shrink)

Autonomous weapons systems (AWS), sometimes referred to as “killer robots”, are receiving evermore attention, both in public discourse as well as by scholars and policymakers. Much of this interest is connected with emerging ethical and legal problems linked to increasing autonomy in weapons systems, but there is a general underappreciation for the ways in which existing law might impact on these new technologies. In this paper, we argue that as AWS become more sophisticated and increasingly (...) more capable than flesh-and-blood soldiers, it will increasingly be the case that such soldiers are “in the power” of those AWS which fight against them. This implies that such soldiers ought to be considered hors de combat, and not targeted. In arguing for this point, we draw out a broader conclusion regarding hors de combat status, namely that it must be viewed contextually, with close reference to the capabilities of combatants on both sides of any discreet engagement. Given this point, and the fact that AWS may come in many shapes and sizes, and can be made for many different missions, we argue that each particular AWS will likely need its own standard for when enemy soldiers are deemed hors de combat. We conclude by examining how these nuanced views of hors de combat status might impact on meaningful human control of AWS. (shrink)

One of the several reasons given in calls for the prohibition of autonomous weapons systems (AWS) is that they are against human dignity (Asaro, 2012; Docherty, 2014; Heyns, 2017; Ulgen, 2016). However there have been criticisms of the reliance on human dignity in arguments against AWS (Birnbacher, 2016; Pop, 2018; Saxton, 2016). This paper critically examines the relationship between human dignity and autonomous weapons systems. Three main types of objection to AWS are identified; (i) (...) arguments based on technology and the ability of AWS to conform to International Humanitarian Law; (ii) deontological arguments based on the need for human judgement and meaningful human control, including arguments based on human dignity; (iii) consequentialist reasons about their effects on global stability and the likelihood of going to war. An account is provided of the claims made about human dignity and AWS, of the criticisms of these claims, and of the several meanings of ‘dignity’. It is concluded that although there are several ways in which AWS can be said to be against human dignity, they are not unique in this respect. There are other weapons, and other technologies, that also compromise human dignity. Given this, and the ambiguities inherent in the concept, it is wiser to draw on several types of objections in arguments against AWS, and not to rely exclusively on human dignity. (shrink)

Lethal Autonomous Weapon Systems are here. Technological development will see them become widespread in the near future. This is in a matter of years rather than decades. When the UN Convention on Certain Conventional Weapons meets on 10-14th November 2014, well-considered guidance for a decision on the general policy direction for LAWS is clearly needed. While there is widespread opposition to LAWS—or ‘killer robots’, as they are popularly called—and a growing campaign advocates banning them outright, we (...) argue the opposite. LAWS may very well reduce suffering and death in war. Rather than banning them, they should be regulated, to ensure both compliance with international humanitarian law, and that this positive outcome occurs. This policy memo sets out the basic structure and content of the regulation required. (shrink)

Predictions about autonomous weapon systems are typically thought to channel fears that drove all the myths about intelligence embodied in matter. One of these is the idea that the technology can get out of control and ultimately lead to horrifi c consequences, as is the case in Mary Shelley’s classic Frankenstein. Given this, predictions about AWS are sometimes dismissed as science-fiction fear-mongering. This paper considers several analogies between AWS and other weapon systems and ultimately offers an argument (...) that nuclear weapons and their effect on the development of modern asymmetrical warfare are the best analogy to the introduction of AWS. The fi nal section focuses on this analogy and offers speculations about the likely consequences of AWS being hacked. These speculations tacitly draw on myths and tropes about technology and AI from popular fi ction, such as Frankenstein, to project a convincing model of the risks and benefi ts of AWS deployment. (shrink)

In this article, we focus on the scholarly and policy debate on autonomous weapon systems and particularly on the objections to the use of these weapons which rest on jus ad bellum principles of proportionality and last resort. Both objections rest on the idea that AWS may increase the incidence of war by reducing the costs for going to war or by providing a propagandistic value. We argue that whilst these objections offer pressing concerns in their own (...) right, they suffer from important limitations: they overlook the difficulties of calculating ad bellum proportionality; confuse the concept of proportionality of effects with the precision of weapon systems; disregard the ever-changing nature of war and of its ethical implications; mistake the moral obligation imposed by the principle of last resort with the impact that AWS may have on political decision to resort to war. Our analysis does not entail that AWS are acceptable or justifiable, but it shows that ad bellum principles are not the best set of ethical principles for tackling the ethical problems raised by AWS; and that developing adequate understanding of the transformations that the use of AWS poses to the nature of war itself is a necessary, preliminary requirement to any ethical analysis of the use of these weapons. (shrink)

The present debate over the creation and potential deployment of lethal autonomous weapons, or ‘killer robots’, is garnering more and more attention. Much of the argument revolves around whether such machines would be able to uphold the principle of noncombatant immunity. However, much of the present debate fails to take into consideration the practical realties of contemporary armed conflict, particularly generating military objectives and the adherence to a targeting process. This paper argues that we must look to (...) the targeting process if we are to gain a fuller picture of the consequences of creating or fielding lethal autonomous robots. This paper argues that once we look to how militaries actually create military objectives, and thus identify potential targets, we face an additional problem: the Strategic Robot Problem. The ability to create targeting lists using military doctrine and targeting processes is inherently strategic, and handing this capability over to a machine undermines existing comman.. (shrink)

Unlike human soldiers, autonomous weapons systems are unaffected by psychological factors that would cause them to act outside the chain of command. This is a compelling moral justification for their development and eventual deployment in war. To achieve this level of sophistication, the software that runs AWS will have to first solve two problems: the frame problem and the representation problem. Solutions to these problems will inevitably involve complex software. Complex software will create security risks and will (...) make AWS critically vulnerable to hacking. I claim that the political and tactical consequences of hacked AWS far outweigh the purported advantages of AWS not being affected by psychological factors and always following orders. Therefore, one of the moral justifications for the deployment of AWS is undermined. (shrink)

Accountability and responsibility are key concepts in the academic and societal debate on Autonomous Weapon Systems, but these notions are often used as high-level overarching constructs and are not operationalised to be useful in practice. “Meaningful Human Control” is often mentioned as a requirement for the deployment of Autonomous Weapon Systems, but a common definition of what this notion means in practice, and a clear understanding of its relation with responsibility and accountability is also lacking. In (...) this paper, we present a definition of these concepts and describe the relations between accountability, responsibility, control and oversight in order to show how these notions are distinct but also connected. We focus on accountability as a particular form of responsibility—the obligation to explain one’s action to a forum—and we present three ways in which the introduction of Autonomous Weapon Systems may create “accountability gaps”. We propose a Framework for Comprehensive Human Oversight based on an engineering, socio-technical and governance perspective on control. Our main claim is that combining the control mechanisms at technical, socio-technical and governance levels will lead to comprehensive human oversight over Autonomous Weapon Systems which may ensure solid controllability and accountability for the behaviour of Autonomous Weapon Systems. Finally, we give an overview of the military control instruments that are currently used in the Netherlands and show the applicability of the comprehensive human oversight Framework to Autonomous Weapon Systems. Our analysis reveals two main gaps in the current control mechanisms as applied to Autonomous Weapon Systems. We have identified three first options as future work for the design of a control mechanism, one in the technological layer, one in the socio-technical layer and one the governance layer, in order to achieve comprehensive human oversight and ensure accountability over Autonomous Weapon Systems. (shrink)

Proposals by the San Francisco Police Department (SFPD) to use bomb disposal robots for deadly force against humans have met with widespread condemnation. Media coverage of the furore has tended, incorrectly, to conflate these robots with autonomous weapon systems (AWS), the AI-based weapons used in armed conflict. These two types of systems should be treated as distinct since they have different sets of social, ethical, and legal implications. However, the conflation does raise a pressing question: what (...) _if_ the SFPD had proposed using AWS for law enforcement purposes? This article argues that current debate on AWS takes place within a ‘killing paradigm’ that leaves us ill-placed to understand the implications of using autonomous force outside of armed conflict. This is because ‘lethality’ is taken as the paradigmatic form of harm, meaning that other harms are understood in a way that is derivative of lethal harm. The article calls for more research on how other sorts of goods, such as freedom from domination, are imperilled by the use of autonomous force. The article also suggests that bringing research on AWS into dialogue with the sorts of concerns that have typically motivated political theory—e.g. power, coercion, the state—provides a fruitful starting point for addressing these issues. (shrink)

The use of autonomous weaponry in warfare has increased substantially over the last twenty years and shows no sign of slowing. Our chapter raises a novel objection to the implementation of autonomous weapons, namely, that they eliminate moral cost-sharing. To grasp the basics of our argument, consider the case of uninhabited aerial vehicles that act autonomously (i.e., LAWS). Imagine that a LAWS terminates a military target and that five civilians die as a side effect of the LAWS (...) bombing. Because LAWS lacks moral agency, and in particular the capacity for moral emotions, moral cost-sharing is limited to dead civilians and their loved ones. We argue that's unjust insofar as those responsible for unjust harm to others ought to share in those costs. Our worry expands to other strategic uses of AI, e.g., cyber warfare. This presents a dilemma: Either we design autonomous weaponry capable of moral emotions, or we limit the use of autonomous weaponry. The former undermines the risk-mitigation purpose of creating autonomous weaponry and expands the number of sentient individuals whose welfare is risked in war. The latter risks worsening combatant casualties and achieving strategic aims. (shrink)