The debate on creating a new international treaty to regulate lethal autonomous weapons systems, frequently termed as “killer robots,” is gaining momentum among global governments. The current framework of international law is seen by some as insufficient in addressing the potential threats posed by these weapons, which are in various stages of development by several nations.
A recent report titled “Crunch Time on Killer Robots: Why New Law Is Needed and How It Can Be Achieved,” authored by Human Rights Watch and the Harvard Law School International Human Rights Clinic, has argued for the creation of new international law. This law would aim to ensure that meaningful human control is retained over the use of force.
Governments are scheduled to convene at the United Nations in Geneva in December 2021 to consider initiating negotiations for new international law in this domain. At recent meetings of the Convention on Conventional Weapons (CCW), a majority of participating countries supported the development of a new legally binding instrument on autonomous weapons systems. Nations including Chile, Mexico, and Brazil, along with the ‘Group of Ten’ states and members of the Non-Aligned Movement, have been vocal advocates for this initiative.
The avenues for negotiation include continuing within the framework of the CCW, initiating a stand-alone process similar to that employed for treaties on antipersonnel landmines and cluster munitions, or through deliberations in the United Nations General Assembly, which was the forum for the negotiations on the nuclear weapons ban treaty.
Critics of the current legal framework suggest that it fails to adequately address the ethical, humanitarian, and accountability issues associated with autonomous weapons systems. The new treaty is proposed to cover weapons that operate based on sensor inputs rather than human directives, especially those employing complex machine-learning algorithms with potentially unpredictable effects.
Some nations are also interested in explicitly prohibiting systems that rely on biometric and other sensor-collected data for targeting individuals or groups. The proposed treaty would likely include both prohibitions and regulations, ensuring that autonomous weapons systems are used under meaningful human control, defined by understandability, predictability, and operational constraints.
While the consensus required for progress at the CCW seems uncertain due to resistance from some military powers, the call for an independent negotiation process is seen as a potentially more effective and inclusive path forward. Advocates for regulation, including a broad coalition of countries, NGOs, private entities, and individuals, are calling for swift action. In alignment with this push, the International Committee of the Red Cross has urged for negotiations on an international treaty, and the UN Secretary-General has denounced autonomous weapons systems capable of attacking humans independently as “morally repugnant”.
The Campaign to Stop Killer Robots, a collective of over 185 NGOs in 67 countries, continues to advocate for a treaty to uphold human control over the use of force. The proposed treaty would address a gap in international law and protect human values and public conscience in the age of advancing weapons technology.
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