A/HRC/23/47
who use them. With the contemplation of LARs, the distinction between weapons and
warriors risks becoming blurred, as the former would take autonomous decisions about
their own use.
29.
Official statements from Governments with the ability to produce LARs indicate
that their use during armed conflict or elsewhere is not currently envisioned.4 While this
may be so, it should be recalled that aeroplanes and drones were first used in armed conflict
for surveillance purposes only, and offensive use was ruled out because of the anticipated
adverse consequences.5 Subsequent experience shows that when technology that provides a
perceived advantage over an adversary is available, initial intentions are often cast aside.
Likewise, military technology is easily transferred into the civilian sphere. If the
international legal framework has to be reinforced against the pressures of the future, this
must be done while it is still possible.
30.
One of the most difficult issues that the legal, moral and religious codes of the
world have grappled with is the killing of one human being by another. The prospect of a
future in which fully autonomous robots could exercise the power of life and death over
human beings raises a host of additional concerns. As will be argued in what follows, the
introduction of such powerful yet controversial new weapons systems has the potential to
pose new threats to the right to life. It could also create serious international division and
weaken the role and rule of international law – and in the process undermine the
international security system.6 The advent of LARs requires all involved – States,
international organizations, and international and national civil societies – to consider the
full implications of embarking on this road.
31.
Some argue that robots could never meet the requirements of international
humanitarian law (IHL) or international human rights law (IHRL), and that, even if they
could, as a matter of principle robots should not be granted the power to decide who should
live and die. These critics call for a blanket ban on their development, production and use.7
To others, such technological advances – if kept within proper bounds – represent
legitimate military advances, which could in some respects even help to make armed
conflict more humane and save lives on all sides.8 According to this argument, to reject this
technology altogether could amount to not properly protecting life.
32.
However, there is wide acceptance that caution and some form of control of States‟
use of this technology are needed, over and above the general standards already posed by
international law. Commentators agree that an international discussion is needed to
consider the appropriate approach to LARs.
4
5
6
7
8
6
US Department of Defense, Unmanned Systems Integrated Road Map FY2011-2036, p. 50, available
from http://publicintelligence.net/dod-unmanned-systems-integrated-roadmap-fy2011-2036
See http://www.usaww1.com/World_War_1_Fighter_Planes.php4
Nils Melzer, “Human rights implications of the usage of drones and unmanned robots in warfare”
Study for the European Parliament‟s Subcommittee on Human Rights (2013), available from
http://www.europarl.europa.eu/committees/en/studies/html, p. 5 (forthcoming).
Human Rights Watch, Losing Humanity: The Case Against Killer Robots (2012), p. 2, available from
http://www.hrw.org/reports/2012/11/19/losing-humanity-0. See in response Michael Schmitt
“Autonomous Weapons Systems and International Humanitarian Law: A Reply to the Critics”
Harvard International Security Journal (forthcoming 2013), available from http://harvardnsj.org/wpcontent/uploads/2013/02/Schmitt-Autonomous-Weapon-Systems-and-IHL-Final.pdf). The
International Committee on Robot Arms Control (ICRAC) was formed to promote such a ban. See
http://icrac.net
Ronald Arkin, Governing Lethal Behaviour in Autonomous Robots (CRC Press, 2009); Kenneth
Anderson and Matthew Waxman, “Law and ethics for robot soldiers”, Policy Review, No. 176 (2012),
available from http://www.hoover.org/publications/policy-review/article/135336.
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