Autonomous Weapon Systems In International Humanitarian Law – Simply Just Another Weapon System

摘要

This paper reviews the arguments made by the opponents of the utilization at all of so called autonomous weapons (killer robots), on the basis of alleged inherent non compliance with certain cardinal principles of IHL, against the argument that said weapons or systems, and their use, can be satisfactorily accommodated under existing IHL. It gives an overview of the issues identified by the opponents and the main arguments made in favour of banning autonomous weapons. The author looks at the characteristics of two weapon systems and concludes there are already fully autonomous weapon systems in non contentious use. The author submits that the concerns of the banning authors are not rational, the purported distinctions made between certain weapon systems cannot factually and consistently be maintained and are based on the averred existence of categories of weapons that do not exist. Finally, the author argues that the opponents’ concerns and arguments are in the main and based on the normal uncertainties, inherent in all factually to be determined situations and also on slippery slope reasoning. The author emphasises the established rules of IHL and opines that the same are adequate to regulate the so called autonomous weapons and weapon systems and any liability arising from their use.