Adapting the Law of Armed Conflict to Autonomous Weapon Systems.

摘要

It is important that normative development regarding autonomous weapon systems head down a path that is coherent and practical. By "autonomous weapon systems," we mean systems "that, once activated, can select and engage targets without further intervention by a human operator." We draw this definition from a 2012 U.S. Department of Defense policy directive, which remains the most extensive public pronouncement by any State on how it intends to proceed with regard to research, development and deployment of autonomous weapon systems. This paper addresses several questions that are critical to charting such a path. First, are autonomous weapon systems different from other new weapon systems, and, if so, how? Second, to the extent they are different, can and should autonomous weapon systems be regulated within the framework of the existing law of armed conflict? If yes, how should States go about doing so? If not, what alternative regulatory approach is appropriate? We conclude that autonomous weapon systems have special features that pose risks and that create challenges in applying the existing law of armed conflict. Nevertheless, we conclude it is possible to adapt the existing framework to account for the features of autonomous weapons, and that the suggested alternative of prohibiting these systems outright is misguided. Instead, we propose a three-tiered process for regulating the development, deployment and use of autonomous systems.