Measuring Autonomous Weapon Systems against International Humanitarian Law Rules
![handle is hein.journals/jlacybrwa5 and id is 68 raw text is:
Journal of Law and Cyber Warfare
MEASURING AUTONOMOUS
WEAPON SYSTEMS AGAINST
INTERNATIONAL
HUMANITARIAN LAW RULES
Dr. Thompson Chengeta*
ABSTRACT
In this paper, I argue that Autonomous Weapon
Systems (A WS) will not be able to comply with important
rules of international humanitarian law (IHL) such as
distinction, proportionality, and military necessity.
Currently, it is impossible to develop a lethal robot that can
comply with IHL rules because IHL terms such as
civilians, combatants, direct participation in
hostilities etc. have no precise definitions that can be
decoded into a machine. Further, in many instances, the
nature of today s armed conflicts demands human
judgement which machines do not possess. Even in cases
where A WS may comply with some rules of IHL, I argue
that A WS still violate the right to dignity which demands
that the decision to use force against another human must
be taken by a fellow human. To this end, I note that the
issue is not about comparing whether robots can perform
better than humans, but whether they should be allowed to
act as combatants in the first place.
*Dr. Chengeta holds an LL.D from the University of Pretoria, an LL.M.
from Harvard Law School, an LL.M. from the University of Pretoria,
and an LL.B. from MSU.
66
[2016]](ViewImageLocal?handle=hein.journals/jlacybrwa5&div=6&collection=&method=preview&ext=.png&size=3)
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Measuring Autonomous Weapon Systems against International Humanitarian Law Rules
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