Article

Automating the right stuff ? : the hidden ramifications of ensuring autonomous aerial weapon systems comply with international humanitarian law

Jason S. DeSon

• The Air Force law review, Vol. 72, 2015, p. 85-122

English

Photocopies

The development of increasingly autonomous aerial weapons systems raises questions about the obligation to ensure their compliance with International Humanitarian Law (IHL). This article addresses the legal dangers that could arise from guaranteeing drone compliance with IHL, concluding that the control of aircrafts should remain with human pilots due to the complexity of war. Robot pilots may be more capable than human pilots in certain aspects of achieving mission success within a learned or programmed IHL framework. However, despite the theoretical advantages, the article points to several scenarios in which robot pilots might be precluded from achieving mission success due to the possibility that balancing IHL constraints and military necessity might be impossible for drone programming. In addition, the use of robot-piloted drones raises the potential for legal problems stemming from the restriction of the IHL principles of proportionality, discrimination, necessity, and reasonableness to a degree where no human could adequately comply. Ultimately, the article concludes that human intervention is necessary in military aircraft, as modern warfare is unsuitably complex and thus legally impractical for robot pilots to perform the necessary missions within the framework of IHL. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• Full text