Non-lethal weapons have become an increasingly important class of weapons. Creating these armaments requires examination of ethical issues in their research and development processes. Chief a...

Most contemporary conflicts can be characterized as ‘wars or conflicts amongst the people’. International military forces deployed in such conflicts are confronted with complex operational environments where the distinction between combatants and non-combatants is often impossible to make. At the same time, there is a moral requirement imposed on Western coalition forces to perform in a humane manner and to keep casualties to a minimum. Non-lethal weapons are expected to enable military forces to accomplish their mission without having (...) to kill or destroy. The extent to which these weapons meet that promise in real world conditions is the subject of debate. A defence technology assessment of non-lethal weapons is proposed that validates their utility and moral implications by considering the user, the weapon and the target in the context of the deployment situation. It will be illustrated that the technical parameters of the non-lethal weapons are no guarantee that the weapons will perform as intended as the user and target introduce many factors of uncertainty in real world situations. Although such uncertainties undermine the moral acceptability of non-lethal weapons, it is argued that the principle of non-lethality is compliant with the Just War Tradition principle of proportionality. The principles of non-combatant immunity and discrimination need to be re-calibrated given the human-centricity of many military intervention operations. (shrink)

Weapons of both defense and offense have grown steadily in their effectiveness—especially since the industrial revolution. The mass destruction of humanity, by parts or in whole, became reality with the advent of toxic agents founded on chemistry and biology or nuclear weapons derived from physics. The military’s new non-combat roles, combined with a quest for non-lethal weapons, may change the picture in regard to conventional defense establishments but are unlikely to deter bellicose tyrants or the new (...) terrorists from using the unlimited potential of today’s and tomorrow’s arsenals. The author addresses the issues that are raised by this developing situation with the intent of seeking those ethics that will enable us to survive in a future and uncertain world. (shrink)

Neither non-lethal violence nor psychochemical weapons are new concepts. History provides examples of attempts to use these both to limit the scope of war and to turn mind-altering compounds into weapons. One of these substances has been marijuana. Although previous efforts to find its military applications failed, the idea persists – as indicated by a US patent granted in 2017. As “weaponized cannabis” may again attract the interest of government agencies, the consequences of its potential deployment call (...) for a debate. In an attempt to encourage such a discussion, in the context of the ongoing decriminalization/legalization of marijuana in some countries and US states, the article raises ethical issues pertaining to weaponized cannabinoids. It argues against the militarization of the drug, on the basis that such a development would constitute an ultimate instrumentalization of marijuana and result in a dangerous destabilizing reconstruction of its meaning along the lines of state coercion. (shrink)

In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that the requirement (...) of minimal force is an important requirement for considering ethical uses of force. In particular, we distinguish between lethal and non-lethal purposes of use of force and introduce the prospect of non-lethal AWS before reviewing a number of challenges which AWS pose with respect to their non-lethal use. The challenges arise where AWS generate unpredictable outcomes impinging upon the situational awareness required of combatants to ensure that their actions meet the requirement of minimal force. We conclude with a call for further research on the ethical implications of non-lethal uses of AWS as a necessary contribution for assessing the moral permissibility of AWS. (shrink)

Efforts to resolve the tension within the Christian moral theological tradition between just war theory and pacifism have so far not produced any broadly accepted resolution. Key sticking points lie both in the fact that even a just war typically involves the taking of human life, both combatant and civilian, and that the distinction between intentional and unintentional killing, so important to Christian moral reflection, is difficult to sustain in practice. Yet, with the prospect of the development of effective non- (...) class='Hi'>lethal weapons, the path may be opened up to a genuine resolution of the tension. This article describes in general terms the way that such a development might be pursued, but also argues that the use of non-lethal weaponry would necessitate a re-interpretation of warfare as an exercise in a form of international policing. A number of potential criticisms of such a proposal are considered. (shrink)

In this article, we focus on the attribution of moral responsibility for the actions of autonomous weapons systems (AWS). To do so, we suggest that the responsibility gap can be closed if human agents can take meaningful moral responsibility for the actions of AWS. This is a moral responsibility attributed to individuals in a justified and fair way and which is accepted by individuals as an assessment of their own moral character. We argue that, given the unpredictability of AWS, (...) meaningful moral responsibly can only be discharged by human agents who are willing to take a moral gambit: they decide to design/develop/deploy AWS despite the uncertainty about the effects an AWS may produce, hoping that unintended and unwanted or unforeseen outcomes may never occurs, but also accepting to be held responsible if such outcomes will occur. We argue that, while a moral gambit is permissible for the use of non-lethal AWS, this is not the case for the actions of lethal autonomous weapon systems. (shrink)

Autonomous Weapon Systems (AWS) are artificial intelligence systems that can make and act on decisions concerning the termination of enemy soldiers and installations without direct intervention from a human being. In this article, I provide the positive moral case for the development and use of supervised and fully autonomous weapons that can reliably adhere to the laws of war. Two strong, prima facie obligations make up the positive case. First, we have a strong moral reason to deploy AWS (in (...) an otherwise just war) because such systems decrease the psychological and moral risk of soldiers and would-be soldiers. Drones protect against lethal risk, AWS protect against psychological and moral risk in addition to lethal risk. Second, we have a prima facie obligation to develop such technologies because, once developed, we could employ forms of non-lethal warfare that would substantially reduce the risk of suffering and death for enemy combatants and civilians alike. These two arguments, covering both sides of a conflict, represent the normative hill that those in favor of a ban on autonomous weapons must overcome. Finally, I demonstrate that two recent objections to AWS fail because they misconstrue the way in which technology is used and conceptualized in modern warfare. (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false (...) and where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

Under the Friday night lights of October 23, 1971, Senn High School battled Kennedy High for football victory. In the third period, to avoid a rush from the Kennedy tacklers, the Senn quarterback scrambled and threw to his halfback, Marco Cervates. Cervates caught the ball, turned and put his head down to run for extra yardage as his teammates and fans cheered. A two hundred-pound linebacker abruptly stopped Cervates' run. Cervates fell to the turf, unconscious. On November 3, 1971, at (...) the age of seventeen, Marco Cervates died.(1). (shrink)

This book chapter addresses two questions. First, can targeted killing by drones in non-battlefield zones be justified on basis of just war theory? Second, will the proliferation and expansion of combat drones in warfare, including the introduction of autonomous drones, be an obstacle to initiating or executing wars in a just manner in the future? The first question is answered by applying traditional jus ad bellum and jus in bello principles to the American targeted killing campaign in Pakistan; the second (...) question is answered on basis of principles of “just military preparedness” or jus ante bellum, a new category of just war thinking. It is concluded that an international ban on weaponized drones is morally imperative and, certainly, that an international treaty against autonomous lethal weapons should be adopted. (shrink)

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show (...) that the crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

Human allografts for life-threatening organ failure have been demonstrated to be lifesaving and are now considered to be standard of care for many conditions. Transplantation of non-vital anatomic body parts has also been accomplished. Hand transplantation after limb loss in adults has been shown to offer some promising benefits in both functional and psychological measures in preliminary studies. It has been suggested to expand eligibility criteria to include minors, with one such operation having already been performed. With this in mind, (...) we examine the current state of hand transplantation research in the context of available alternatives. We examine the ethics of carrying out these operations in minors, including under the protections of clinical research. We argue that children should not be considered for this surgery due to the substantial risks of immunosuppressive medication, the likelihood that the graft will need to be replaced during the patient’s lifetime and the lack of significant compensatory advantages over modern prosthetics. (shrink)

Soldiers hiding in enemy territory that are discovered by civilians face acute ethical problems as to what to do about them. The law of armed conflict forbids harming civilians, yet if they are released they may well betray the soldiers and alert enemy forces that will kill or capture the soldiers. This is not just a theoretical problem; there are recent documented accounts of British and American soldiers who have found themselves in such a position and who have died because (...) they released the civilians. This paper argues that the ethical imperative here is to save the lives of both the soldiers and the civilians and that this should be the guiding principle in such cases. To this end, where possible, non-lethal means of restraint should be used on civilians to incapacitate them while the soldiers escape. (shrink)

Lethal Autonomous Weapons (LAWs) have becomes the subject of continuous debate both at national and international levels. Arguments have been proposed both for the development and use of LAWs as well as their prohibition from combat landscapes. Regardless, the development of LAWs continues in numerous nation-states. This paper builds upon previous philosophical arguments for the development and use of LAWs and proposes a design framework that can be used to ethically direct their development. The conclusion is that the (...) philosophical arguments that underpin the adoption of LAWs rather than not, although prima facie insufficient, can be actualized through the proposed Value Sensitive Design (VSD) approach. Hence, what is proposed is a principled design approach that can be used to embed stakeholder values into a design, encourage stakeholder cooperation and coordination and as a result promote social acceptance of LAWs as a preferable future fact of war. (shrink)

Background While prenatal surgery historically was performed exclusively for lethal conditions, today intrauterine surgery is also performed to decrease postnatal disabilities for non-lethal conditions. We sought to describe physicians' attitudes about prenatal surgery for lethal and non-lethal conditions and to elucidate characteristics associated with these attitudes. Methods Survey of 1200 paediatric surgeons, neonatologists and maternal–fetal medicine specialists. Results Of 1176 eligible physicians, 670 responded. In the setting of a lethal condition for which prenatal surgery would (...) likely result in the child surviving with a severe disability, most respondents either disagreed or strongly disagreed that they would recommend the surgery. Male physicians were twice as likely to recommend surgery for the lethal condition, as were physicians who believe that abortion is morally wrong. Older physicians were less likely to recommend surgery. For non-lethal conditions, most respondents agreed that they would recommend prenatal surgery, even if the surgery increases the risk of prematurity or fetal death. Compared with MFMs, surgeons were less likely to recommend such surgery, as were physicians not affiliated with a fetal centre, and physicians who were religious. Conclusion Physician’s attitudes about prenatal surgery relate to physicians’ beliefs about disability as well as demographic, cultural and religious characteristics. Given the variety of views, parents are likely to receive different recommendations from their doctors about the preferable treatment choice. (shrink)

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to (...) avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. (shrink)

Artificial intelligence and robotics is pervasive in daily life and set to expand to new levels potentially replacing human decision-making and action. Self-driving cars, home and healthcare robots, and autonomous weapons are some examples. A distinction appears to be emerging between potentially benevolent civilian uses of the technology (eg unmanned aerial vehicles delivering medicines), and potentially malevolent military uses (eg lethal autonomous weapons killing human com- batants). Machine-mediated human interaction challenges the philosophical basis of human existence and (...) ethical conduct. Aside from technical challenges of ensuring ethical conduct in artificial intelligence and robotics, there are moral questions about the desirability of replacing human functions and the human mind with such technology. How will artificial intelligence and robotics engage in moral reasoning in order to act ethically? Is there a need for a new set of moral rules? What happens to human interaction when it is mediated by technology? Should such technology be used to end human life? Who bears responsibility for wrongdoing or harmful conduct by artificial intelligence and robotics? -/- Whilst Kant may be familiar to international lawyers for setting restraints on the use of force and rules for perpetual peace, his foundational work on ethics provides an inclusive moral philosophy for assessing ethical conduct of individuals and states and, thus, is relevant to discussions on the use and development of artificial intelligence and robotics. His philosophy is inclusive because it incorporates justifications for morals and legitimate responses to immoral conduct, and applies to all human agents irrespective of whether they are wrongdoers, unlawful combatants, or unjust enemies. Humans are at the centre of rational thinking, action, and norm-creation so that the rationale for restraints on methods and means of warfare, for example, is based on preserving human dignity as well as ensuring conditions for perpetual peace among states. Unlike utilitarian arguments which favour use of autonomous weapons on the basis of cost-benefit reasoning or the potential to save lives, Kantian ethics establish non-consequentialist and deontological rules which are good in themselves to follow and not dependent on expediency or achieving a greater public good. -/- Kantian ethics make two distinct contributions to the debate. First, they provide a human-centric ethical framework whereby human exist- ence and capacity are at the centre of a norm-creating moral philosophy guiding our understanding of moral conduct. Second, the ultimate aim of Kantian ethics is practical philosophy that is relevant and applicable to achieving moral conduct. -/- I will seek to address the moral questions outlined above by exploring how core elements of Kantian ethics relate to use of artificial intelli- gence and robotics in the civilian and military spheres. Section 2 sets out and examines core elements of Kantian ethics: the categorical imperative; autonomy of the will; rational beings and rational thinking capacity; and human dignity and humanity as an end in itself. Sections 3-7 consider how these core elements apply to artificial intelligence and robotics with discussion of fully autonomous and human-machine rule-generating approaches; types of moral reasoning; the difference be- tween ‘human will’ and ‘machine will’; and respecting human dignity. (shrink)

The question of whether new rules or regulations are required to govern, restrict, or even prohibit the use of autonomous weapon systems has been the subject of debate for the better part of a decade. Despite the claims of advocacy groups, the way ahead remains unclear since the international community has yet to agree on a specific definition of Lethal Autonomous Weapon Systems and the great powers have largely refused to support an effective ban. In this vacuum, the public (...) has been presented with a heavily one-sided view of Killer Robots. This interdisciplinary volume presents a more nuanced approach to autonomous weapon systems that recognizes the need to progress beyond a discourse framed by the Terminator and HAL 9000. Re-shaping the discussion around this emerging military innovation requires a new line of thought and a willingness to challenge the orthodoxy. Lethal Autonomous Weapons focuses on exploring the moral and legal issues associated with the design, development and deployment of lethal autonomous weapons. The volume brings together some of the most prominent academics and academic-practitioners in the lethal autonomous weapons space and seeks to return some balance to the debate. As part of this effort, it recognizes that society needs to invest in hard conversations that tackle the ethics, morality, and law of these new digital technologies and understand the human role in their creation and operation. (shrink)

There is now a robust literature on the ethics of artificial intelligence (AI) that pertains largely to non-military issues – issues of, among other things, bias, fairness, and unintended consequences. There is less published work, however, on how these lessons from industry and academia might inform the ethics of AI in the military context. In this article, I take small steps to demonstrate the ways in which the field of AI ethics might be relevant to military applications. Ultimately, I argue (...) that even though the outcomes of AI failures might look very different in the non-military context versus in the military context, the causes of those failures can be very similar; and addressing those potential causes of AI failures in the development of military AI systems will result in fewer ethical failures after deployment. (shrink)

The ethics of warfare and military leadership must pay attention to the rapidly increasing use of artificial intelligence and machines. Who is responsible for the decisions made by a machine? Do machines make decisions? May they make them? These issues are of particular interest in the context of Lethal Autonomous Weapon Systems. Are they autonomous or just automated? Do they violate the international humanitarian law which requires that humans must always be responsible for the use of lethal force (...) and for the assessment that civilian casualties are proportionate to the military goals? The article analyses relevant documents, opinions, government positions, and commentaries using the methods of applied ethics. The main conceptual finding is that the definition of autonomy depends on what the one presenting it seeks to support. Those who want to use lethal autonomous weapon systems call them by another name, say, automated instead of autonomous. They impose standards on autonomy that machines do not meet, such as moral agency. Those who wish to ban the use of lethal autonomous weapon systems define them much less broadly and do not require them to do much more than to be a self-standing part of the causal chain.The article’s argument is that the question of responsibility is most naturally perceived by abandoning the most controversial philosophical considerations and simply stating that an individual or a group of people is always responsible for the creation of the equipment they produce and use. This does not mean that those who press the button, or their immediate superiors, are to blame. They are doing their jobs in a system. The ones responsible can probably be found in higher military leadership, in political decision-makers who dictate their goals, and, at least in democracies, in the citizens who have chosen their political decision-makers. (shrink)

The UN Convention on Certain Conventional Weapons (CCW) can, on the one hand, be considered vital for the global governance process—in the sense of urging international cooperation on the ethical, developmental, and standards aspects of lethal autonomous weapon systems (LAWS). On the other hand, the CCW may also embody a global trend that does not augur well for international solidarity, namely the lack of credible and comprehensive collaboration to advance global objectives of peace and security. In 2022, a (...) majority of the 125 nations that belong to the CCW requested limits on a specific type of lethal autonomous weapons: “killer robots.” Yet, most of the major global powers—namely the United States, Russia, and China—opposed not only a ban on LAWS but also on any restrictions on the development of these weapons, not least because the United States, Russia, and China are actively developing this weapons technology. While there is currently much focus on the technological evolution of LAWS, less has been written about how ethical values can exert influence on a growing global consciousness around factors such as power, technology, human judgment, accountability, autonomy, dehumanization, and the use of force. This introduction lays the groundwork for dealing with these issues. It does so by showing that all these factors warrant a pluralist approach to the global governance of LAWS, based on multiple grounds, including the military, tech, law, and distinctive theoretical-ethical orientations; the rationale being to combine this expertise into a collection for publication. Reflecting the contributing authors’ firsthand experiences of the ethics surrounding the management of LAWS to address decisive and critical questions at an expert level, it provides a framing for the collection, showing that the use of international legal mechanisms like the CCW are crucial to considering both the potential and the limits of LAWS, as well as what it can contribute to areas such as international law, human rights, and national security. (shrink)

The possible future use of lethal autonomous weapons systems (LAWS) and the challenges associated with assigning moral responsibility leads to several debates. Some authors argue that the highly autonomous capability of such systems may lead to a so-called responsibility gap in situations where LAWS cause serious violations of international humanitarian law. One proposed solution is the doctrine of command responsibility. Despite the doctrine’s original development to govern human interactions on the battlefield, it is worth considering whether the doctrine (...) of command responsibility could provide a solution by applying the notion analogously to LAWS. A fundamental condition underpinning the doctrine’s application is the control requirement, stipulating that a superior must exert some degree of control over subordinates. The aim of this article is to provide an in-depth analysis of this control condition and assess whether it leads to the impossibility of applying the doctrine of command responsibility to LAWS. To this end, the first section briefly introduces the topic of LAWS and responsibility gaps. The subsequent section provides a concise overview of the doctrine itself and the conditions typically necessitated for its application. In the third section, a comprehensive scrutiny of the control requirement is undertaken through examination of key case law, examining how the concept has been interpreted. Finally, the fourth section delves into the evaluation of commanders’ potential to exert effective control over their (non-human) subordinates. Based on this, the feasibility of considering command responsibility as a viable solution is assessed, aiming to determine whether its application should be prima facie excluded or warrants further exploration. (shrink)

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known in-progress violent crimes, (...) (2) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again are not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system. (shrink)

Lethal Autonomous Weapons (LAWs) are robotic weapons systems, primarily of value to the military, that could engage in offensive or defensive actions without human intervention. This paper assesses and engages the current arguments for and against the use of LAWs through the lens of achieving more ethical warfare. Specific interest is given particularly to ethical LAWs, which are artificially intelligent weapons systems that make decisions within the bounds of their ethics-based code. To ensure that a wide, (...) but not exhaustive, survey of the implications of employing such ethical devices to replace humans in warfare is taken into account, this paper will engage on matters related to current scholarship on the rejection or acceptance of LAWs—including contemporary technological shortcomings of LAWs to differentiate between targets and the behavioral and psychological volatility of humans—and current and proposed regulatory infrastructures for developing and using such devices. After careful consideration of these factors, this paper will conclude that only ethical LAWs should be used to replace human involvement in war, and, by extension of their consistent abilities, should remove humans from war until a more formidable discovery is made in conducting ethical warfare. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Reproduction: Dominion and LimitsRichard A. McCormick S.J. (bio)The general struggle throughout Christian history has been to seek the proper balance between dominion and limits, intervention and nonintervention, givenness, and creativity. This struggle has worked itself out in six areas that touch human life. In this essay, I will revisit the Catholic tradition’s treatment of these in terms of dominion and limits to see whether we can discern developmental (...) patterns that might suggest an approach to issues pertaining to the sources of life (reproductive ethics) as we move into the next century.1. Abortion. The history of the treatment of abortion in the Catholic tradition is the history of an evaluation. This evaluation was somewhat muddied by [End Page 387] unclarity and inconsistency in the use of terms. Thus, some theologians distinguished three types of abortion: prevention of conception, abortion of an inanimate fetus, and abortion of an animated fetus. Others regarded all interventions into the life-giving process as homicides. Still others argued that termination of a nonanimated fetus was justified to save the life of the mother. And still others said such termination was anticipated homicide or the misuse of semen conceptum.Such unclarities and qualifications eventually vanished and produced an evaluation of fetal life that yielded to very few competing interests, what John Noonan (1970) referred to as “an almost absolute value.” There was some dominion or control, but the limits became increasingly clear and powerful.2. Individual and corporate self-defense. Augustine disallowed lethal individual or personal self-defense, but established the first elementary rules for war. Aquinas allowed both. Vitoria, Suarez, and others refined the criteria justifying war (jus ad bellum) and listed them as three: recovery of property, resistance to aggression, and vindication of injuries (injustices). Pius XII narrowed these to a single reason: national self-defense. The Challenge of Peace (NCCB 1983) moves away from the licitness of nuclear war and nuclear deterrence even for self-defense. Once again, the limits to the dominion over life in war grow stronger and more powerful even as the weapons of such dominion grow more powerful.3. Capital punishment. Over the centuries, Christian thinkers, such as Thomas Aquinas, permitted the use of capital punishment. Three justifications were proposed to found this right of the state: retribution, deterrence, and reform. In the past decades, however, these justifications have been seriously questioned. Both the American and Philippine bishops’ conferences have rejected all use of capital punishment. Most recently John Paul II (1995, n. 56, p. 709) adduces defense of society as the only possible justification for it and sees such cases as “very rare if not practically non-existent.”4. The preservation of life. The theme of a balance between dominion and limits is perhaps nowhere clearer than in the Catholic approach to life preservation. Catholic tradition does not accept our culture’s rejection of death. Rather it asserts that the facts that we are pilgrims, that Christ has overcome death and lives, and that we also will live with him yield a general value judgment on the meaning and value of life as we now live it: Life is a basic good but not an absolute one. It is basic because, as the Congregation for the Doctrine of the Faith (1980, p. 511) worded it, it is the “necessary source and condition of every human activity and of all society.” It is not absolute because there are higher goods for which life can be sacrificed—e.g., the glory of God, salvation of souls, service of one’s brethren, and the like. Thus in John (15:13): “There is no greater love than this: to lay down one’s life for one’s friends. John Paul II (1995, n. 47, p. 706) briefly summarizes this in Evangelium Vitae: “The life of the body in its earthly state is not an absolute good for the believer.” This value [End Page 388] judgment has immediate relevance for care of the ill and dying: Not all means must be used to preserve life.Thus the Catholic tradition has moved between two extremes: medico-moral optimism or vitalism (which preserves life with all means, at any cost... (shrink)

The present debate over the creation and potential deployment of lethal autonomous weapons, or ‘killer robots’, is garnering more and more attention. Much of the argument revolves around whether such machines would be able to uphold the principle of noncombatant immunity. However, much of the present debate fails to take into consideration the practical realties of contemporary armed conflict, particularly generating military objectives and the adherence to a targeting process. This paper argues that we must look to the (...) targeting process if we are to gain a fuller picture of the consequences of creating or fielding lethal autonomous robots. This paper argues that once we look to how militaries actually create military objectives, and thus identify potential targets, we face an additional problem: the Strategic Robot Problem. The ability to create targeting lists using military doctrine and targeting processes is inherently strategic, and handing this capability over to a machine undermines existing comman.. (shrink)

Arguments from human dignity feature prominently in the Lethal Autonomous Weapons moral feasibility debate, even though their exists considerable controversy over their role and soundness and the notion of dignity remains under-defined. Drawing on the work of Dieter Birnbacher, I fix the sub-discourse as referring to the essential value of human persons in general, and to postulated moral rights of combatants not covered within the existing paradigm of the International Humanitarian Law in particular. I then review and critique (...) dignity-based arguments against LAWS: argument from faulty targeting process, argument from objectification, argument from underappreciation of the value of human life and the argument from the absence of mercy. I conclude that the argument from the absence of mercy is the only dignity-based argument that is both valid and irreducible to another class of arguments within the debate, and that it offers insufficient justification for a global ban on LAWS. (shrink)

There is now a robust literature on the ethics of artificial intelligence (AI) that pertains largely to non-military issues – issues of, among other things, bias, fairness, and unintended consequences. There is less published work, however, on how these lessons from industry and academia might inform the ethics of AI in the military context. In this article, I take small steps to demonstrate the ways in which the field of AI ethics might be relevant to military applications. Ultimately, I argue (...) that even though the outcomes of AI failures might look very different in the non-military context versus in the military context, the causes of those failures can be very similar; and addressing those potential causes of AI failures in the development of military AI systems will result in fewer ethical failures after deployment. (shrink)

Purpose – The purpose of this paper is to consider the question of equipping fully autonomous robotic weapons with the capacity to kill. Current ideas concerning the feasibility and advisability of developing and deploying such weapons, including the proposal that they be equipped with a so-called “ethical governor”, are reviewed and critiqued. The perspective adopted for this study includes software engineering practice as well as ethical and legal aspects of the use of lethal autonomous robotic weapons. (...) Design/methodology/approach – In the paper, the author survey and critique the applicable literature. Findings – In the current paper, the author argue that fully autonomous robotic weapons with the capacity to kill should neither be developed nor deployed, that research directed toward equipping such weapons with a so-called “ethical governor” is immoral and serves as an “ethical smoke-screen” to legitimize research and development of these weapons and that, as an ethical duty, engineers and scientists should condemn and refuse to participate in their development. Originality/value – This is a new approach to the argument for banning autonomous lethal robotic weapons based on classical work of Joseph Weizenbaum, Helen Nissenbaum and others. (shrink)

This article describes a new and innovative methodology for calibrating trust in ethical actions by Lethal Autonomous Weapon Systems (LAWS). For the foreseeable future, LAWS will require human operators for mission planning, decision-making, and supervisory control; yet humans lack the cognitive bandwidth and processing speed to make prompt, real-time ethical decisions. As a result, trustworthy Artificial Intelligence (AI) will be required to support ethical decision-making. We use a Bayesian ethical decision model for: (1) human setting of ethical preferences and (...) thresholds in accordance with Laws of War and tactical criteria; and (2) highlighting the factors that contribute to strike/no-strike recommendations for human evaluation. The model can perform an ethical analysis, provide a quantitative ethical strike/no-strike score, and recommend actions to reduce decision uncertainty. In this article, we describe successful initial evaluation trials of the Bayesian model and of a human interface for interaction with the model. Our Bayesian ethical decision model has an immediate application in wargames; the model can also be used to train operators in understanding the principles and key factors relevant to ethical decision-making; and it may eventually be used in actual military operations employing LAWS. (shrink)

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to determine blame (...) for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

This paper addresses the ethical challenges raised by the use of lethal autonomous weapons systems. Using aspects of the philosophy of Martin Heidegger, the paper demonstrates that lethal autonomous weapons systems create ethical problems because of the lack of moral agency in an autonomous system, and the inauthentic nature of the deaths caused by such a system. The paper considers potential solutions for these issues before arguing that from a Heideggerian standpoint they cannot be overcome, and (...) thus the development and use of lethal autonomous weapons systems should be resisted and prohibited. (shrink)

Plans to automate killing by using robots armed with lethal weapons have been a prominent feature of most US military forces? roadmaps since 2004. The idea is to have a staged move from ?man-in-the-loop? to ?man-on-the-loop? to full autonomy. While this may result in considerable military advantages, the policy raises ethical concerns with regard to potential breaches of International Humanitarian Law, including the Principle of Distinction and the Principle of Proportionality. Current applications of remote piloted robot planes or (...) drones offer lessons about how automated weapons platforms could be misused by extending the range of legally questionable, targeted killings by security and intelligence forces. Moreover, the alleged moral disengagement by remote pilots will only be exacerbated by the use of autonomous robots. Leaders in the international community need to address the difficult legal and moral issues now, before the current mass proliferation of development reaches fruition. (shrink)

Regulating war has long been a concern of the international community. From the Hague Conventions to the Geneva Conventions and the multiple treaties and related institutions that have emerged in the twentieth and twenty-first centuries, efforts to mitigate the horrors of war have focused on regulating weapons, defining combatants, and ensuring access to the battlefield for humanitarians. But regulation and legal codes alone cannot be the end point of an engaged ethical response to new weapons developments. This short (...) essay reviews some of the existing ethical works on lethal autonomous weapon systems (LAWS), highlighting how rule- and consequence-based accounts fail to provide adequate guidance for how to deal with them. I propose a virtue-based account, which I link up with an Aristotelian framework, for how the international community might better address these weapons systems. (shrink)

The 2016 United Nations’ Resolution 2325 “Non-proliferation of Weapons of Mass Destruction” manifests one of the greatest challenges for humankind in relation to preventing a global catastrophe, where it reaffirms that the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security. However, regarding the continuous technological developments of terrestrial-based WMD aimed at orbiting space objects in near-Earth orbit, it is crucial to analyze whether, and if (...) so, how 2325 prevents their proliferation and utilization. Another relevant argument addresses the terminological factuality that, while treaty and customary law do provide some guidance on the legality of weaponization, the concept of a “space weapon” is still not clearly defined. Moreover, even though the Outer Space Treaty prohibits the placement of nuclear weapons and WMD in near-Earth orbit, installing them on the Moon or any other celestial body, or to otherwise station them in outer space, it simultaneously excludes terrestrial-based anti-satellite weapons, thus creating a legal loophole. National representatives of superpowers, particularly of space-faring nations, are aware of the existing issue and often express their concerns toward comprehensive ASAT development and utilization. Nevertheless, the potential weaponization of outer space will not be actively recognized and accepted as an official occurrence within the international community until our current space systems are eventually utilized in order to destroy or damage another State’s space object. (shrink)

To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long-distance, human-guided weaponry. (...) We suggest that at least one major driver of the intuitive moral aversion to lethal AWS is that their use disrespects their human targets by violating the martial contract between human combatants. On our understanding of this doctrine, service personnel cede a right not to be directly targeted with lethal violence to other human agents alone. Artificial agents, of which AWS are one example, cannot understand the value of human life. A human combatant cannot transfer his privileges of targeting enemy combatants to a robot. Therefore, the human duty-holder who deploys AWS breaches the martial contract between human combatants and disrespects the targeted combatants. We consider whether this novel deontological objection to AWS forms the foundation of several other popular yet imperfect deontological objections to AWS. (shrink)

This chapter considers how the adoption of autonomous weapons systems (AWS) may affect jus ad bellum principles of warfare. In particular, it focuses on the use of AWS in non-international armed conflicts (NIAC). Given the proliferation of NIAC, the development and use of AWS will most likely be attuned to this specific theater of war. As warfare waged by modernized liberal democracies (those most likely to develop and employ AWS at present) increasingly moves toward a model of individualized warfare, (...) how, if at all, will the principles by which we measure the justness of the commencement of such hostilities be affected by the introduction of AWS, and how will such hostilities stack up to current legal agreements surrounding their more traditional engagement? This chapter claims that such considerations give us reason to question the moral and legal necessity of ad bellum proper authority. (shrink)

Despite resistance from various societal actors, the development and deployment of lethal autonomous weaponry to warzones is perhaps likely, considering the perceived operational and ethical advantage such weapons are purported to bring. In this paper, it is argued that the deployment of truly autonomous weaponry presents an ethical danger by calling into question the ability of such weapons to abide by the Laws of War. This is done by noting the resonances between battlefield target identification and the (...) process of ontic-ontological investigation detailed in Martin Heidegger’s Being and Time, before arguing that the nature of lethal autonomous weaponry precludes them from being able to engage in such investigations—a key requisite for abiding by the relevant legislation that governs battlefield conduct. (shrink)

Systematic killing has long been associated with some of the darkest episodes in human history. Increasingly, however, it is framed as a desirable outcome in war, particularly in the context of military AI and lethal autonomy. Autonomous weapons systems, defenders argue, will surpass humans not only militarily but also morally, enabling a more precise and dispassionate mode of violence, free of the emotion and uncertainty that too often weaken compliance with the rules and standards of war. We contest (...) this framing. Drawing on the history of systematic killing, we argue that lethal autonomous weapons systems reproduce, and in some cases intensify, the moral challenges of the past. Autonomous violence incentivizes a moral devaluation of those targeted and erodes the moral agency of those who kill. Both outcomes imperil essential restraints on the use of military force. (shrink)

This essay exposes how recent attempts at lethal injection reform have involved unethical and illegal research on prisoners. States are varying the doses and types of drugs used, developing methods designed for non-medical professionals to administer medical procedures, and gathering data or making provisions for the gathering of data to learn from executions gone wrong. When individual prisoners are executed under these conditions, states are conducting research on them. Conducting research or experimentation on prisoners in the process of reform (...) is problematic because it violates ethical frameworks and state laws. The Supreme Court has recently taken up the challenge of elucidating the standard for determining the constitutionality of lethal injection. If the Court suggests an approach to lethal injection reform that is akin to some of the more thoughtful and cautious approaches other courts have proposed, the Court's decision may also contravene state laws or ethical precepts regarding research with prisoners. Thus, this paper provides important limitations on the kinds of reform that may be permissible and outlines the open questions that must be addressed before it can be determined whether the risks and uncertainties involved in lethal injection can be remedied. (shrink)

I evaluate one intuitive argument for, and one against, the use of lethal drones by the United States in its War on Terror. The Lesser Evil Argument appeals to those who think it perverse to reject weapons that enable a more limited use of force. But if harms on all sides and longer-term consequences are considered, the argument is much less persuasive. The Targeted Killing Argument is intuitive to those who consider drone strikes against terrorist suspects named in (...) intelligence reports to violate the rules of war. I reject the claim that it would be acceptable to carry out targeted killings because of necessity. Finally, I consider how radical asymmetry encourages terrorism against civilians, and how drone operators have the status of executioners, not warriors. (shrink)

ChatGPT launched in November 2022, triggering a global debate on the use of artificial intelligence (AI). A debate on AI-enabled lethal autonomous weapon systems (LAWS) has been underway far longer. Two sides have emerged: one in favor and one opposed to an international law ban on LAWS. This essay explains the position of advocates of a ban without attempting to persuade opponents. Supporters of a ban believe LAWS are already unlawful and immoral to use without the need of a (...) new treaty or protocol. They nevertheless seek an express prohibition to educate and publicize the threats these weapons pose. Foremost among their concerns is the “black box” problem. Programmers cannot know what a computer operating a weapons system empowered with AI will “learn” from the algorithm they use. They cannot know at the time of deployment if the system will comply with the prohibition on the use of force or the human right to life that applies in both war and peace. Even if they could, mechanized killing affronts human dignity. Ban supporters have long known that “AI models are not safe and no one knows how to reliably make them safe” or morally acceptable in taking human life. (shrink)