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Lookup NU author(s): Dr Elliot WinterORCiD
This is the authors' accepted manuscript of an article that has been published in its final definitive form by Oxford University Press, 2022.
For re-use rights please refer to the publisher's terms and conditions.
The emergence of autonomous weapons remains a hot topic in international humanitarian law. Much has been said by States, international organisations, non-governmental organisations and academics on the matter in recent years. However, as yet, no agreement has been reached on how best to regulate this new technology. This article argues that we must therefore consider autonomous weapons using existing international humanitarian law and, in particular, analyse them through the lens of the principles of the regime. After humanity and military necessity are debunked as false principles, the compatibility of autonomous weapons with distinction, proportionality and precaution is tested. It is argued that ‘killer robots’ are not currently able to comply with these principles, owing primarily to their lack of sufficiently high-level intelligence or contextual awareness. However, it is also argued that the path to legally compliant autonomous weapons is shorter and clearer than many realise. The article also highlights the various ways in which, assuming a final leap in artificial intelligence can be made, autonomous weapons might be better at complying with international humanitarian law than human beings themselves.
Author(s): Winter E
Publication type: Article
Publication status: Published
Journal: Journal of Conflict and Security Law
Year: 2022
Volume: 27
Issue: 1
Pages: 1-20
Online publication date: 21/01/2022
Acceptance date: 09/01/2022
Date deposited: 13/01/2022
ISSN (print): 1467-7954
ISSN (electronic): 1467-7962
Publisher: Oxford University Press
URL: https://doi.org/10.1093/jcsl/krac001
DOI: 10.1093/jcsl/krac001
ePrints DOI: 10.57711/pbe1-se27
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