12 Rutgers J. L. & Pub. Pol'y 384 (2014-2015)
Is Johnny Five Alive or Did It Short Circuit: Can and Should an Artificially Intelligent Machine Be Held Accountable in War Or Is It Merely a Weapon

handle is hein.journals/rutjulp12 and id is 408 raw text is: 

Rutgers Journal of Law & Public Policy


  IS JOHNNY FIVE ALIVE OR DID IT SHORT
        CIRCUIT? CAN AND SHOULD AN
 ARTIFICIALLY INTELLIGENT MACHINE BE
    HELD ACCOUNTABLE IN WAR OR IS IT
               MERELY A WEAPON?
                     Aaron  Gevers*
   Imagine the scene: in the not too distant future you, as a U.S.
Army  Captain, are  on a  mission in the snowy  mountain
topography of some far off land. Accompanying you are several
soldiers, one of which, Sergeant Johnny Five,, sits prone behind
a large caliber machine gun as you overlook a village. You have
been advised that enemy combatants are the sole residents of
the village below and you are instructed to eliminate the targets.
You sit behind a spotting scope and direct Johnny to engage five
targets dressed in distinct white camouflage and clear the
village. Johnny  confirms he sees the  targets. You give a
resounding  Execute order.  Johnny  then, being  a well
programmed,  trained, and armored artificially intelligent robot,
proceeds down to the village. Johnny opens fire upon reaching
a distance of thirty meters from the combatants.  Johnny
confirms the  targets are down.   You  go  to confirm his
assessment through the spotting scope but realize that Johnny
has not stopped firing and is now clearing the village of all its
residents - residents who now lay in the blood-soaked snow -
and are, quite clearly, women and children non-combatants.


   * Student Note, J.D. 2014, Rutgers School of Law - Camden. Now serving
as Assistant General Counsel, Viking Group.
   1 As a Sergeant, Johnny is of the E-5 pay-grade. He is, for our purposes,
Johnny Five (E-5) as it were. See The United States Military Enlisted Rank
Insignia, U.S. DEPARTMENT OF DEF., http://www.defense.gov/about/
insignias/enlisted.aspx (last visited Mar. 15, 2015).


                           384


Spring 2015


Vol 12:3

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