How Should Lawyers Think About Weapon Autonomy?

International Review of the Red Cross (Forthcoming)

U of Melbourne Legal Studies Research Paper No. 722

27 Pages Posted: 26 Oct 2015

See all articles by Tim McFarland

Tim McFarland

University of Melbourne - Law School

Date Written: October 26, 2015

Abstract

Various States are developing increasingly autonomous weapon systems which promise vast changes in the conduct of armed conflict over the coming years, but there remain significant unanswered questions regarding their compatibility with international humanitarian law. This paper draws on military development proposals and technical literature to identify five factors which will shape the legal effects of autonomous military systems. The key finding is that systems which present legal challenges are those which relieve humans of decisions which are regulated by law and, in so doing, transfer some control of, and responsibility for, those decisions away from traditional decision-makers.

Keywords: autonomous weapon system, international humanitarian law, IHL

JEL Classification: K00, K33, K39

Suggested Citation

McFarland, Tim, How Should Lawyers Think About Weapon Autonomy? (October 26, 2015). International Review of the Red Cross (Forthcoming), U of Melbourne Legal Studies Research Paper No. 722, Available at SSRN: https://ssrn.com/abstract=2679704

Tim McFarland (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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