Drones And Other Unmanned Weapons Systems Under International Law

Drone strikes have become a key feature of counterterrorism operations in an increasing number of countries. This work explores the various domestic and international legal regimes that govern the manufacture, transfer, and use of armed drones as well as fully autonomous weapons systems where computer algorithms decide who or what to target and when to fire.

How does the use of military drones affect the legal, political, and moral responsibility of different actors involved in their deployment and design? This volume offers a fresh contribution to the ethics of drone warfare by providing, for the first time, a systematic interdisciplinary discussion of different responsibility issues raised by military drones. The book discusses four main sets of questions: First, from a legal point of view, we analyse the ways in which the use of drones makes the attribution of criminal responsibility to individuals for war crimes more complicated and what adjustments may be required in international criminal law and in military practices to avoid ’responsibility gaps’ in warfare. From a moral and political perspective, the volume looks at the conditions under which the use of military drones by states is impermissible, permissible, or even obligatory and what the responsibilities of a state in the use of drones towards both its citizens and potential targets are. From a socio-technical perspective, what kind of new human machine interaction might (and should) drones bring and which new kinds of shared agency and responsibility? Finally, we ask how the use of drones changes our conception of agency and responsibility. The book will be of interest to scholars and students in (military) ethics and to those in law, politics and the military involved in the design, deployment and evaluation of military drones.

"Because of the increasing use of Unmanned Aerial Vehicles (UAVs, also commonly known as drones) in various military and para-military (i.e., CIA) settings, there has been increasing debate in the international community as to whether it is morally and ethically permissible to allow robots (flying or otherwise) the ability to decide when and where to take human life. In addition, there has been intense debate as to the legal aspects, particularly from a humanitarian law framework. In response to this growing international debate, the United States government released the Department of Defense (DoD) 3000.09 Directive (2011), which sets a policy for if and when autonomous weapons would be used in US military and para-military engagements. This US policy asserts that only "human-supervised autonomous weapon systems may be used to select and engage targets, with the exception of selecting humans as targets, for local defense ...". This statement implies that outside of defensive applications, autonomous weapons will not be allowed to independently select and then fire upon targets without explicit approval from a human supervising the autonomous weapon system. Such a control architecture is known as human supervisory control, where a human remotely supervises an automated system (Sheridan 1992). The defense caveat in this policy is needed because the United States currently uses highly automated systems for defensive purposes, e.g., Counter Rocket, Artillery, and Mortar (C-RAM) systems and Patriot anti-missile missiles. Due to the time-critical nature of such environments (e.g., soldiers sleeping in barracks within easy reach of insurgent shoulder-launched missiles), these automated defensive systems cannot rely upon a human supervisor for permission because of the short engagement times and the inherent human neuromuscular lag which means that even if a person is paying attention, there is approximately a half-second delay in hitting a firing button, which can mean the difference for life and death for the soldiers in the barracks. So as of now, no US UAV (or any robot) will be able to launch any kind of weapon in an offensive environment without human direction and approval. However, the 3000.09 Directive does contain a clause that allows for this possibility in the future. This caveat states that the development of a weapon system that independently decides to launch a weapon is possible but first must be approved by the Under Secretary of Defense for Policy (USD(P)); the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)); and the Chairman of the Joint Chiefs of Staff. Not all stakeholders are happy with this policy that leaves the door open for what used to be considered science fiction. Many opponents of such uses of technologies call for either an outright ban on autonomous weaponized systems, or in some cases, autonomous systems in general (Human Rights Watch 2013, Future of Life Institute 2015, Chairperson of the Informal Meeting of Experts 2016). Such groups take the position that weapons systems should always be under "meaningful human control," but do not give a precise definition of what this means. One issue in this debate that often is overlooked is that autonomy is not a discrete state, rather it is a continuum, and various weapons with different levels of autonomy have been in the US inventory for some time. Because of these ambiguities, it is often hard to draw the line between automated and autonomous systems. Present-day UAVs use the very same guidance, navigation and control technology flown on commercial aircraft. Tomahawk missiles, which have been in the US inventory for more than 30 years, are highly automated weapons with accuracies of less than a meter. These offensive missiles can navigate by themselves with no GPS, thus exhibiting some autonomy by today's definitions. Global Hawk UAVs can find their way home and land on their own without any human intervention in the case of a communication failure. The growth of the civilian UAV market is also a critical consideration in the debate as to whether these technologies should be banned outright. There is a $144.38B industry emerging for the commercial use of drones in agricultural settings, cargo delivery, first response, commercial photography, and the entertainment industry (Adroit Market Research 2019) More than $100 billion has been spent on driverless car development (Eisenstein 2018) in the past 10 years and the autonomy used in driverless cars mirrors that inside autonomous weapons. So, it is an important distinction that UAVs are simply the platform for weapon delivery (autonomous or conventional), and that autonomous systems have many peaceful and commercial uses independent of military applications"--

This book aims to understand how public organizations adapt to and manage situations characterized by fluidity, ambiguity, complexity and unclear technologies, thus exploring public governance in times of turbulence.

The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.

Drones and the Law: International Responses to Rapid Drone Proliferation presents innovative solutions to the controversial issues raised by the drones and a critical assessment of its growing use as a weapon system in modern warfare and privacy issues.

This book addresses the technological evolution of modern warfare due to unmanned systems and the growing capacity for cyberwarfare. The increasing involvement of unmanned means and methods of warfare can lead to a total removal of humans from the navigation, command and decision-making processes in the control of unmanned systems, and as such away from participation in hostilities – the “dehumanization of warfare.” This raises the question of whether and how today’s law is suitable for governing the dehumanization of warfare effectively. Which rules are relevant? Do interpretations of relevant rules need to be reviewed or is further and adapted regulation necessary? Moreover, ethical reasoning and computer science developments also have to be taken into account in identifying problems. Adopting an interdisciplinary approach the book focuses primarily on international humanitarian law, with related ethics and computer science aspects included in the discussion and the analysis.

Over the last decade, the U.S., UK Israel and other states have begun to use Unmanned Aerial Vehicles (UAVs) for military operations and for targeted killings in places like Pakistan, Yemen and Somalia. Worldwide, over 80 governments are developing their own drone programs, and even non-state actors such as the Islamic State have begun to experiment with drones. The speed of technological change and adaptation with drones is so rapid that it is outpacing the legal and ethical frameworks which govern the use of force. This volume brings together experts in law, ethics and political science to address how drone technology is slowly changing the rules and norms surrounding the use of force and enabling new, sometimes unprecedented, actions by states. It addresses some of the most crucial questions in the debate over drones today. Are drones a revolutionary form of technology that will transform warfare or is their effect merely hype? Can drone use on the battlefield be made wholly consistent with international law? How does drone technology begin to shift the norms governing the use of force? What new legal and ethical problems are presented by targeted killings outside of declared war zones? Should drones be considered a humane form of warfare? Finally, is it possible that drones could be a force for good in humanitarian disasters and peacekeeping missions in the near future? This book was previously published as a special issue of The International Journal of Human Rights.