The Doctrine of Double Effect & Lethal Autonomous Weapon Systems

22 Pages Posted: 27 Dec 2022

See all articles by Alexander Blanchard

Alexander Blanchard

The Alan Turing Institute

Luciano Floridi

Yale University - Digital Ethics Center; University of Bologna- Department of Legal Studies

Mariarosaria Taddeo

University of Oxford - Oxford Internet Institute

Date Written: December 21, 2022

Abstract

Within Just War Theory, the Doctrine of Double Effect (DDE) modifies the principle of distinction by reference to the intent of an act: the unintentional though foreseeable killing of noncombatants is morally permissible (providing a proportionality clause is met), and the intentional killing of noncombatants is morally impermissible. One concern is that the development of Lethal Autonomous Weapon Systems (LAWS) has superseded DDE because of the separation they introduce between the agent with intention – the human operator – and the agent who targets – the LAWS. As a result, DDE may be incapable of capturing, and thus evaluating, noncombatant deaths resulting from using LAWS. In this article, we address this concern by proposing a revised account of DDE to address cases of noncombatant harm caused by LAWS. We argue that when LAWS cause harm to noncombatants, a distinctive moral wrong occurs because that harm is instrumental to LAWS deployment. This wrong is a consequence of the fact that military organisations deploying LAWS involve noncombatants in circumstances useful to the military organisation precisely by way of involving those noncombatants.

Keywords: Artificial Intelligence, Doctrine of Double Effect, Intention, Lethal Autonomous Weapon Systems, Just War Theory.

Suggested Citation

Blanchard, Alexander and Floridi, Luciano and Taddeo, Mariarosaria, The Doctrine of Double Effect & Lethal Autonomous Weapon Systems (December 21, 2022). Available at SSRN: https://ssrn.com/abstract=4308862 or http://dx.doi.org/10.2139/ssrn.4308862

Alexander Blanchard (Contact Author)

The Alan Turing Institute

British Library, 96 Euston Road
96 Euston Road
London, NW12DB
United Kingdom

Luciano Floridi

Yale University - Digital Ethics Center ( email )

85 Trumbull Street
New Haven, CT CT 06511
United States
2034326473 (Phone)

University of Bologna- Department of Legal Studies ( email )

Via Zamboni 22
Bologna, Bo 40100
Italy

HOME PAGE: http://www.unibo.it/sitoweb/luciano.floridi/en

Mariarosaria Taddeo

University of Oxford - Oxford Internet Institute ( email )

1 St. Giles
University of Oxford
Oxford OX1 3PG Oxfordshire, Oxfordshire OX1 3JS
United Kingdom

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