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L      Congressional Research Service
   ~Info rg the Iceslat've debate since 1914


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                                                                                                August 16, 2019

International Discussions Concerning Lethal Autonomous


Weapon Systems
As technology, particularly artificial intelligence (AI),
advances, lethal autonomous weapon systems (LAWS)-
weapons designed to make decisions about using lethal
force without manual human control-may soon make their
appearance, raising a number of potential ethical,
diplomatic, legal, and strategic concerns for Congress. By
providing a brief overview of ongoing international
discussions concerning LAWS, this In Focus seeks to assist
Congress as it conducts oversight hearings on Al within the
military (as the House and Senate Committees on Armed
Services have done in recent years), guides U.S. foreign
policy, and makes funding and authorization decisions
related to LAWS.

International Fora for LAWS Discussions
The international community has begun to examine the
implications of LAWS in discussions held primarily under
the Convention on Certain Conventional Weapons (CCW),
a multilateral arms control agreement to which the United
States became a party in 1982, intended to protect
noncombatants from particularly inhumane weapons of
war. The CCW's five protocols ban or regulate specific
conventional weapons, notably blinding lasers. The CCW's
decisions are made by consensus among the treaty's States
Parties, and it has served in the past as a platform for
discussing new weapon technologies.

Since 2014, the CCW has convened annual meetings of its
States Parties to discuss the legal, ethical, technological,
and military facets of LAWS. These meetings were
upgraded in 2017 from informal Meetings of Experts to a
formal Group of Government Experts (GGE). The GGE
invites experts from civil society to partake in the
deliberations alongside members of national delegations.

Despite six years of debate, the GGE has not produced any
specific policy recommendations for the CCW's States
Parties. Although the meetings have led to a consensus that
appropriate levels of human judgement must be maintained
over any LAWS and that LAWS are subject to International
Humanitarian Law (IHL), the mechanics of applying both
terms remain contentious (e.g., does IHL categorically ban
LAWS?), and the limited scope of agreement provides no
basis for further action.

What Are LAWS?
Definitions. One reason for the lack of progress within the
CCW GGE is that no single definition for LAWS is
universally accepted, especially within diplomatic and
international fora, where some countries argue that an
internationally accepted definition is unnecessary. Most
parties to the LAWS discussions do agree that the defining
features of LAWS are full autonomy (no need for manual
human control) and lethality (antipersonnel as opposed to


antimateriel), although there is much debate over the
specifics of these terms, in addition to other details.

Status. Over the past several decades, governments around
the world have been successfully incorporating autonomous
functions into their weapons. However, as of now, no lethal
antipersonnel weapons are recognized as having fully
autonomous target selection and engagement capabilities or
demonstrating enough human-level cognition to be trusted
to apply lethal force in compliance with the Laws of Armed
Conflict (LOAC). Nonetheless, the potential of LAWS is so
great that Stuart Russell, computer science professor at the
University of California, describes them as the third
revolution in warfare, after gunpowder and nuclear arms.

Table I. Nation Stances on Preemptive LAWS Ban
        Sup ort             Othera        Oppose
 Algeria      Ghana       Chinab      Australia
 Argentina    Guatemala                Belgium
 Austria      Holy See                 Franceb
 Bolivia      Iraq                     Germany
 Brazil       Mexico                   Israelb
 Chile        Morocco                  South Koreab
 Colombia     Nicaragua                Russiab
 Costa Rica   Pakistan                 Spain
 Cuba         Panama                   Sweden
 Djibouti     Peru                     Turkey
 Ecuador      Uganda                   United Statesb
 Egypt       Venezuela                 United Kingdomb
 El Salvador Zimbabwe
 Source: CRS consolidation of November 2018 and April 2019 data
 from multiple sources.
 a. See section on China below.
 b. Countries most capable of developing LAWS soon.
 LAWS Regulation Debate
 Arguments Supporting LAWS Ban. Moral arguments in
 favor of a ban contend that LAWS distance human
judgement too much from immediate decisions about taking
human life to be morally acceptable under any
circumstances and so must be banned.

Legal arguments contend that LAWS could violate the
spirit, if not the letter, of both IHL and LOAC and should
therefore be preemptively banned. In this view, LAWS
could, due to poor design, engage in the prohibited practice
of attacking and killing noncombatants without being held
accountable. Legal arguments sometimes cite the CCW
protocol on blinding lasers as a comparative case.

Strategic arguments against LAWS make the case that the
development of LAWS could hurt more than help a
country's national security, because, once developed,
LAWS can be relatively easy to proliferate to potential
adversaries, particularly since Al technology is easily
disseminated due to its digital nature.


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