The Laws of Armed Conflict require that war crimes be attributed to individuals who can be held responsible and be punished. Yet assigning responsibility for the actions of Lethal Autonomous Weapon...

The ethical Principle of Proportionality requires combatants not to cause collateral harm excessive in comparison to the anticipated military advantage of an attack. This principle is considered a major (and perhaps insurmountable) obstacle to ethical use of autonomous weapon systems (AWS). This article reviews three possible solutions to the problem of achieving Proportionality compliance in AWS. In doing so, I describe and discuss the three components Proportionality judgments, namely collateral damage estimation, assessment of anticipated military advantage, and judgment of “excessiveness”. (...) Some possible approaches to Proportionality compliance are then presented, such as restricting AWS operations to environments lacking civilian presence, using AWS in targeted strikes in which proportionality judgments are pre-made by human commanders, and a ‘price tag’ approach of pre-assigning acceptable collateral damage values to military hardware in conventional attritional warfare. The article argues that application of these three compliance methods would result in AWS’ achieving acceptable Proportionality compliance levels in many combat environments and scenarios, allowing AWS to perform most key tasks in conventional warfare. (shrink)

In his recent JME article Daniel Restrepo argues that both legal and ethical rules should protect the so-called Naked Soldiers, combatants engaged in activity unrelated to military operations and unaware of the imminent danger threatening them. I criticize this position from several angles. I deny the existence of any link between vulnerability and innocence, and claim ignorance of deadly threats does not give rise to a morally distinguished type of vulnerability. I argue that actions not contributing to the war effort (...) are nevertheless an inherent part of fighting a war, and that combatants do not signal intention to abandon their commitment to the war effort by undertaking these. I show that by granting hors de combat status to Naked Soldiers, we would unjustly disadvantage their opponents and engender significant and manifold practical difficulties that the proponents of the view fail to solve or even anticipate. Finally, I demonstrate that Restrepo’s general project of “making killing in war difficult to legitimately justify” regardless of why, how and by whom the killing is done is incompatible with just war theory’s basic assumptions. That project is in fact pacifist in nature and as such redundant in light of pacifism’s broader and stronger implications. (shrink)

The debate on the ethical permissibility of autonomous weapon systems (AWS) is deadlocked. It could therefore benefit from a differentiated assignment of the burden of proof. This is because the discussion is not purely philosophical in nature, but has a legal and security policy component and aims to avoid the most harmful outcomes of an otherwise unchecked development. Opponents of a universal AWS ban must clearly demonstrate that AWS comply with the Law of Armed Conflict (LOAC). This requires extensive testing (...) of specific models to verify compliance in realistic combat situations; working on appropriate testing regimes is also one of the most important future tasks for AWS ethics. In this context, however, it is easy to refute the claim put forward by prohibitionists that AWS violate LOAC a priori. A state’ s right to ensure security and the protection of human rights through military capacity has a high ethical value. Other arguments against the use of AWS that are not based on LOAC conformity must therefore meet a substantial burden of proof, as they call on governments to abandon a military technology which is at least potentially transformative. None of those objections meet this standard. They include not only culturally or even individually divergent norms and ideas regarding the use of weapons, but also consequentialist (security policy) concerns on the one hand and so-called deontological arguments on the other. While the former at least point to the need for essential regulation, the latter are based on rather dubious premises. For the purposes of solutions beneficial to humanity, prohibitionist should formulate narrower and more specific points of criticism. (shrink)

Allowing prisoners of war (POW) to be released on parole ceased to be practiced in early XX century, although for centuries it was quite common in European warfare. In this article I argue there are several powerful moral reasons to reinstate POW parole: the well- being of POW and their families, but also a chance to address the previously intractable problem of surrender to aircraft and autonomous weapons. I also argue that there are no good moral reasons not to allow (...) POW to accept parole, and that the reasons commonly put forward against the practice of parole are usually informed by antiquated and flawed ethical attitudes. I subsequently offer solutions for overcoming the practical obstacles to reinstating the practice of parole utilizing commonly available technology and self-enforcing diplomatic arrangements. I provide a detailed outline of such arrangements, addressing a number of possible objections and testing the model against several hypothetical scenarios. (shrink)