A/HRC/23/47
33.
As with any technology that revolutionizes the use of lethal force, little may be
known about the potential risks of the technology before it is developed, which makes
formulating an appropriate response difficult; but afterwards the availability of its systems
and the power of vested interests may preclude efforts at appropriate control. 9 This is
further complicated by the arms race that could ensue when only certain actors have
weapons technology. The current moment may be the best we will have to address these
concerns. In contrast to other revolutions in military affairs, where serious reflection mostly
began after the emergence of new methods of warfare, there is now an opportunity
collectively to pause, and to engage with the risks posed by LARs in a proactive way. This
report is a call for pause, to allow serious and meaningful international engagement with
this issue.
34.
One of the reasons for the urgency of this examination is that current assessments
of the future role of LARs will affect the level of investment of financial, human and other
resources in the development of this technology over the next several years. Current
assessments – or the lack thereof – thus risk to some extent becoming self-fulfilling
prophesies.
35.
The previous Special Rapporteur examined LARs in a report in 2010,10 calling inter
alia for the convening of an expert group to consider robotic technology and compliance
with international human rights and humanitarian law. 11 The present report repeats and
strengthens that proposal and calls on States to impose national moratoria on certain
activities related to LARs.
36.
As with UCAVs and targeted killing, LARs raise concerns for the protection of life
under the framework of IHRL as well as IHL. The Special Rapporteur recalls the
supremacy and non-derogability of the right to life under both treaty and customary
international law.12 Arbitrary deprivation of life is unlawful in peacetime and in armed
conflict.
A.
The emergence of LARs
1.
Definitions
37.
While definitions of the key terms may differ, the following exposition provides a
starting point.13
38.
According to a widely used definition (endorsed inter alia by both the United States
Department of Defense and Human Rights Watch14), the term LARs refers to robotic
weapon systems that, once activated, can select and engage targets without further
9
10
11
12
13
14
David Collingridge, The Social Control of Technology (Frances Pinter, 1980).
A/65/321.
A/65/321, pp. 10-22.
International Covenant on Civil and Political Rights, art. 6, enshrining the right to life, and art. 4 (2)
on its non-derogability.
Arkin (see note 8 above), p. 7; Noel Sharkey AutomatingWarfare: lessons learned from the drones,
p. 2, available from http://www.alfredoroma.it/wp-content/uploads/2012/05/Automated-warfareNoel-Sharkey.pdf; Patrick Lin et al, Autonomous Military Robotics: Risk, Ethics, and Design (San
Luis Obispo, California Polytechnic State University, 2008) p. 4, available from
http://ethics.calpoly.edu/ONR_report.pdf
US Department of Defense Directive, “Autonomy in Weapons Systems”, Number 3000.09 of 21
November 2012, Glossary Part II. See also United Kingdom Ministry of Defence “The UK Approach
to Unmanned Aircraft Systems” paras. 202-203, available from
https://www.gov.uk/government/publications/jdn-2-11-the-uk-approach-to-unmanned-aircraftsystems; see also, Human Rights Watch (see note 7 above), p. 2.
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