Human Rights and the Use of Autonomous Weapons Systems (AWS) during Domestic Law Enforcement
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HUMAN RIGHTS QUARTERLY
Human Rights and the use of
Autonomous Weapons Systems (AWS)
During Domestic Law Enforcement1
Christof Heyns*
ABSTRACT
Much attention has been paid during the last couple of years to the emer-
gence of autonomous weapons systems (AWS), weapon systems that allow
computers, as opposed to human beings, to have increased control over
decisions to use force. These discussions have largely centered on the use
of such systems in armed conflict. However, it is increasingly clear that
AWS are also becoming available for use in domestic law enforcement.
This article explores the implications of international human rights law for
this development. There are even stronger reasons to be concerned about
the use of fully autonomous weapons systems-AWS without meaningful
human control-in law enforcement than in armed conflict. Police offi-
cers-unlike their military counterparts-have a duty to protect the public.
Moreover the judgments that are involved in the use of force under human
rights standards require more personal involvement that those in the con-
duct of hostilities. Particularly problematic is the potential impact of fully
autonomous weapons on the rights to bodily integrity (such as the right to
life) and the right to dignity. Where meaningful human control is retained,
* ChristofHeyns is Professor of Human Rights Law, University of Pretoria and United Nations
Special Rapporteur on extrajudicial, summary, or arbitrary executions.
1. This article is based on a presentation made by the author at the informal expert meet-
ing organized by the state parties to the Convention on Certain Conventional Weapons
(CCW) 13-16 May 2014, Geneva, Switzerland. See http://bit.ly/ljSlCro. See also Human
Rights Council, 23d Sess., Agenda Item 3, U.N. Doc A/HRC/23/47, Report of the Special
Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns (9 Apr.
2013), available at United Nations, Press Release, UN Human Rights Expert Calls for a
Moratorium on Lethal Autonomous Robots (30 May 2013), available at http://www.ohchr.
org/EN/NewsEvents/Pages/DisplayNews.aspx?News]D=13380&; Report of the Special
Rapporteur on Extrajudicial, Summary or Arbitrary Executions, U.N. Doc A/69/265,
65-89 (Oct. 2014) [hereinafter Report of the Special Rapporteur Oct. 20141.
Human Rights Quarterly 38 (2016) 350-378 © 2016 by Johns Hopkins University Press](ViewImageLocal?handle=hein.journals/hurq38&div=29&collection=&method=preview&ext=.png&size=3)
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Human Rights and the Use of Autonomous Weapons Systems (AWS) during Domestic Law Enforcement
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