Feasible Precautions in Attack and Autonomous Weapons

Abstract

The future of warfare will undoubtedly include autonomous systems capable of making complex decisions without human operator involvement. These systems will react blindingly fast, possess exceptional precision, and operate reliably and consistently without human supervision. While the promise of autonomy seems almost boundless, questions remain about the lawfulness of allowing such systems to select and lethally engage targets on their own. One of the consistent issues raised is whether nations wishing to employ autonomous weapon systems on the battlefield could do so in a manner that would comply with the fundamental principles of the law of armed conflict. This chapter addresses the crux of that concern by examining the legal impacts these future systems might have on targeting during international armed conflicts. In particular, the chapter focuses on the requirement of nations to take feasible precautions in attack and seeks to determine whether a nation employing autonomous weapons on a battlefield might be able to fully comply. First, this chapter strives to define what is meant by autonomous weapon systems. Second, the chapter will examine the technological advances and operational benefits which portend these weapon systems may become a reality in the future. The emphasis will next shift to the unique challenges the systems present to the requirement to take feasible precautions in attack. Lastly, the author concludes that while questions regarding precaution in attack requirements raise valid concerns, the use of autonomous weapons under many circumstances will likely be deemed lawful.