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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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