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49 N.Y.U. J. Int'l L. & Pol. 833 (2016-2017)
Defining the Emerging Notion of Meaningful Human Control in Weapon Systems

handle is hein.journals/nyuilp49 and id is 847 raw text is: DEFINING THE EMERGING NOTION OF MEANINGFUL HUMAN CONTROL IN WEAPON SYSTEMS THOMPSON CHENGETA* The emerging notion of Meaningful Human Control (MHC) was suggested by the UK-based NGO Article 36 as a possible solution to the challenges that are posed by Autonomous Weapon Systems (AWS). Various states, NGOs, and scholars have fwelcomed the MHC proposition. Although other terms such as appropriate levels of human judgment have been sug- gested, MHC has gained more traction. The challenge remains, however, that both the terms MHC and appropriate levels of human judgment are not defined in international law and as ofpresent, there is no literature that extensively or normatively defines either of the terms. From a normative standpoint, the choice between MHC and appropriate levels of human judgment is inconsequential since the definition that one ascribes to either of the terms will still be applicable to the other. To that end, this Article discusses questions that are helpful in defining MHC-and by extension appropriate levels of human judgement-and it concludes by proposing a working definition. The control exercised by humans over weapons is changing in both nature and degree. Early weapons were mere tools in the hands of fighters who exercised direct control. With the advancement of technology, however, there has been considerable automation of the control that was previously exercised by humans. Moreover, the invention of drones introduced remote control to weapons systems, making it possible for humans to project force while thousands of miles away from the target. On the horizon are AWS- robotic weapons that, once activated, do not need any further human inter- vention. In the case of AWS, humans seem to be surrendering or delegating control of weapons to computers. While this may seem convenient, efficient, and safe for those deploying them, AWS raise far-reaching concerns. For that reason, many scholars and organisations are insisting that there is a need to maintain MHC over weapons-preferably, as a legal requirement. In order to define MHC, I propose that the international community must ask the following questions: (1) What is the purpose of MHC? What is it that the international community is trying to resolve? * Postdoctoral Fellow, South African Research Chair in international law, University of Johannesburg; Non-Resident Fellow, Institute for Interna- tional and Comparative Law in Africa, University of Pretoria, Expert mem- ber, International Committee for Robots Arms Control (ICRAC); Panellist, International Panel on the Regulation of Autonomous Weapons, LLD., Uni- versity of Pretoria, LL.M., Harvard, LL.M., University of Pretoria, LL.B., Mid- lands State University. 833 Imaged with Permission of N.Y.U. Journal of International Law and Politics

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