William H. Boothby

Dehumanization: Is There a Legal Problem Under Article 36?

While remote attack, whether using remote piloting, autonomous attack technology or cyber techniques, does not per se raise legal issues, there is a clear ethical dimension. People are nevertheless closely involved, fulfilling various critical roles. All forms of mechanical learning associated with attack technologies are not unacceptable. Consider, for example, learning methods integrated into a weapon system that are designed to increase or ensure victim protection. Ethical concerns will, however, persist and will be associated with concerns that machines should not be permitted to decide who is to be attacked and who is to be spared. Zero casualty warfare is not as such unlawful. Customary and treaty rules of weapons law apply to these weapon technologies including the obligation for states to undertake weapon reviews. The Chapter summarises these customary and treaty rules and notes that reviewing autonomous weapon technologies will involve an assessment of whether the weapon system is capable of undertaking the decision-making that targeting law requires, and to which reference is made in the Chapter.

Leuven Manual on the International Law Applicable to Peace Operations : prepared by an international Group of Experts at the invitation of the International Society for Military Law and the Law of War

The Leuven Manual is the authoritative overview of the international law applicable to peace operations conducted by the United Nations, African Union, European Union , NATO and other international organizations with detailed commentary on the interpretation of the rules and of best practice in their application. The Manual is the product of an independent Group of Experts and represents the members of that group in their personal capacity. It benefited from the unofficial input of the United Nations, African Union, NATO and the International Committee of the Red Cross/Crescent as observers to the project. The Leuven Manual is intended to be of assistance to policy officials, commanders and their legal advisors in planning and conducting consensual peace operations and is additionally aimed at practitioners and the academic community.