A/HRC/23/47 E. The use of LARs by States outside armed conflict 82. The experience with UCAVs has shown that this type of military technology finds its way with ease into situations outside recognized battlefields. 83. One manifestation of this, whereby ideas of the battlefield are expanded beyond IHL contexts, is the situation in which perceived terrorists are targeted wherever they happen to be found in the world, including in territories where an armed conflict may not exist and IHRL is the applicable legal framework. The danger here is that the world is seen as a single, large and perpetual battlefield and force is used without meeting the threshold requirements. LARs could aggravate these problems. 84. On the domestic front, LARs could be used by States to suppress domestic enemies and to terrorize the population at large, suppress demonstrations and fight “wars” against drugs. It has been said that robots do not question their commanders or stage coups d‟état.65 85. The possibility of LAR usage in a domestic law enforcement situation creates particular risks of arbitrary deprivation of life, because of the difficulty LARs are bound to have in meeting the stricter requirements posed by IHRL. F. Implications for States without LARs 86. Phrases such as “riskless war” and “wars without casualties” are often used in the context of LARs. This seems to purport that only the lives of those with the technology count, which suggests an underlying concern with the deployment of this technology, namely a disregard for those without it. LARs present the ultimate asymmetrical situation, where deadly robots may in some cases be pitted against people on foot. LARs are likely – at least initially – to shift the risk of armed conflict to the belligerents and civilians of the opposing side. 87. The use of overwhelming force has proven to have counterproductive results – e.g. in the context of demonstrations, where psychologists warn that it may elicit escalated counter force66 In situations of hostilities, the unavailability of a legitimate human target of the LAR user State on the ground may result in attacks on its civilians as the “best available” targets and the use of LARs could thus possibly encourage retaliation, reprisals and terrorism.67 88. The advantage that States with LARs would have over others is not necessarily permanent. There is likely to be proliferation of such systems, not only to those to which the first user States transfer and sell them. Other States will likely develop their own LAR technology, with inter alia varying degrees of IHL-compliant programming, and potential problems for algorithm compatibility if LARs from opposing forces confront one another. There is also the danger of potential acquisition of LARs by non-State actors, who are less likely to abide by regulatory regimes for control and transparency. G. Taking human decision-making out of the loop 89. It is an underlying assumption of most legal, moral and other codes that when the decision to take life or to subject people to other grave consequences is at stake, the decision-making power should be exercised by humans. The Hague Convention (IV) requires any combatant “to be commanded by a person”. The Martens Clause, a 65 66 67 16 Ibid , p. 113. A/HR/17/28, p. 17. Asaro (see note 32 above), p. 13.