Into the Caves of Steel: Precaution, Cognition and Robotic Weapon Systems Under the International Law of Armed Conflict

Abstract

The pace of development with respect to robotic weapon systems is staggering. Often formulated in the context of a desire of the ‘haves’ States to minimise battlefield casualties and to reduce monetary costs, technological advancement holds a number of ramifications for the law of armed conflict. Specifically, as technology introduces the possibility of increasingly autonomous forms of robotic weapon systems, the implications of augmenting precision while removing, for all intents and purposes, direct control by or involvement of human beings must be examined, along with differentiated responsibilities of the ‘haves’ States versus the ‘have-nots’ States. This article frames the discussion in the international humanitarian law principle of precaution, as codified in Article 57 of Additional Protocol I, to assess various aspects of the applicability of the relevant provisions to these new weapon systems, and in particular draws conclusions as to how precaution could influence future developments.