Making laws for laws: The legality of lethal autonomous weapon systems

Abstract

This paper explores the legality technology lethal autonomous weapons systems (LAWS). Recent literature has claimed that LAWS should be subject to a pre-emptive ban, as they are incapable of abiding by the principles of international humanitarian law (IHL), and they will increase the risk of harm to civilians. This paper disputes that contention, arguing instead that LAWS could be capable of compliance with IHL. However, there are other moral and policy reasons which could justify further regulation, and therefore a form of partial ban, combined with a soft law instrument, could be helpful in international regulation of the more problematic aspects of LAWS. This paper does not seek to explore questions of accountability and liability for the actions of LAWS in any depth.