5 J.L. & Cyber Warfare 66 (2016-2017)
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]

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