A Brave Idea: Using Social Licence to Regulate the Development of Lethal Autonomous Weapon Systems

Abstract

International humanitarian law (IHL) is struggling to catch up with military technological development. The international community is increasingly alarmed at the prospect of lethal autonomous weapon systems (LAWS) operating without a human interface. The international community’s concern with autonomous enabling technology in weapon systems is whether weapon systems with the ability to identify, select, and attack military targets with little to no human control can comply with existing IHL rules and be morally and ethically acceptable.This chapter explores an expanded concept of social licence to operate (SLO) to regulate the development of LAWS. The authors believe that it is more efficacious to take a preventative and precautious approach by holding the developers accountable to IHL during the gestation period instead of following a post facto approach. The authors argue that the process involved in issuing or revoking an SLO for the developers of LAWS is already beginning to emerge in IHL. The SLO is only effective during the developmental cycle and would continue as soft law form in regulating the use of LAWS until a more concrete, treaty-based response emerges. In this sense, the SLO can be seen as a catalyst towards a concerted international response to regulate the development, deployment, and use of LAWS.