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Lessons Of The Past And The Humanitarian Outreach Of Poland To Ukrainian Refugees, Karin Mika

Law Faculty Articles and Essays

The reaction of Poland and its people is a refreshing departure from the historic blood rivalries of the past. This is similarly true of both Romania and Hungary; however, it is Poland that has absorbed the majority of Ukrainian refugees and Poland that has the most historically contentious relationship with Ukraine. Poland’s current humanitarian efforts with respect to its Ukrainian neighbors is evidence that some lessons have been learned from the past. Perhaps there is hope that some of the centuries old blood feuding can come to an end and countries can better work toward cooperative relationships in the future.

Autonomy And Precautions In The Law Of Armed Conflict, Eric Talbot Jensen

International Law Studies

Already a controversial topic, legal debate and broader discussions concerning the amount of human control required in the employment of autonomous weapons—including autonomous cyber capabilities—continues. These discussions, particularly those taking place among States that are Parties to the 1980 Certain Conventional Weapons Convention, reveal a complete lack of consensus on the requirement of human control and serve to distract from the more important question with respect to autonomy in armed conflict: under what conditions could autonomous weapons “select” and “attack” targets in a manner that complies with the law of armed conflict (LOAC).

This article analyzes the specific LOAC rules …

Autonomous Cyber Capabilities And The International Law Of Sovereignty And Intervention, Michael N. Schmitt

International Law Studies

This article explores the intersection of autonomous cyber capabilities and two primary rules of international law—the respect for the sovereignty of other States and the prohibition on coercive intervention into another State's internal or external affairs. Of all the rules of international law, these are the likeliest to be violated through employment of cyber capabilities, whether autonomous or not. This raises the question of whether a cyber operation that involves autonomous capabilities presents unique issues with respect to the application of the two rules. The article concludes that while there are numerous unsettled issues surrounding their application to cyber operations, …

Will Cyber Autonomy Undercut Democratic Accountability?, Ashley Deeks

International Law Studies

In recent years, legislative bodies such as the U.S. Congress and the U.K. Parliament have struggled to maintain a role for themselves in government decisions to conduct military operations against foreign adversaries. Some of these challenges arise from constitutional structures, but they are also due to the changing nature of conflict: a shift away from large-scale kinetic operations and toward smaller-scale operations—including cyber operations—that are less visible and that do not require robust legislative support. These modern operations leave legislatures to engage in ex post and sometimes ineffective efforts to hold their executive branches accountable for international uses of force …

Autonomous Cyber Capabilities Below And Above The Use Of Force Threshold: Balancing Proportionality And The Need For Speed, Peter Margulies

International Law Studies

Protecting the cyber domain requires speedy responses. Mustering that speed will be a task reserved for autonomous cyber agents—software that chooses particular actions without prior human approval. Unfortunately, autonomous agents also suffer from marked deficits, including bias, unintelligibility, and a lack of contextual judgment. Those deficits pose serious challenges for compliance with international law principles such as proportionality.

In the jus ad bellum, jus in bello, and the law of countermeasures, compliance with proportionality reduces harm and the risk of escalation. Autonomous agent flaws will impair their ability to make the fine-grained decisions that proportionality entails. However, a …

The Distraction Of Full Autonomy & The Need To Refocus The Ccw Laws Discussion On Critical Functions, Chris Jenks

Faculty Journal Articles and Book Chapters

The United Nations (UN) Convention on Certain Conventional Weapons (CCW) discussions on lethal autonomous weapons (LAWS) have been confused, not constructive, and largely for the same definitional reasons identified two years ago. This paper attempts to address why the dialogue at the UN LAWS dialogue has proceeded as it has and proposes how it should proceed at the likely group of government expert meetings in 2017-2018. This paper focuses on the problems created by framing the LAWS discussion in terms of full autonomy and suggests that CCW States Parties refocus on the critical functions of selecting and engaging targets. The …

Law And Ethics For Autonomous Weapon Systems: Why A Ban Won't Work And How The Laws Of War Can, Kenneth Anderson, Matthew C. Waxman

Faculty Scholarship

Public debate is heating up over the future development of autonomous weapon systems. Some concerned critics portray that future, often invoking science-fiction imagery, as a plain choice between a world in which those systems are banned outright and a world of legal void and ethical collapse on the battlefield. Yet an outright ban on autonomous weapon systems, even if it could be made effective, trades whatever risks autonomous weapon systems might pose in war for the real, if less visible, risk of failing to develop forms of automation that might make the use of force more precise and less harmful …

Understanding 'The Loop': Regulating The Next Generation Of War Machines, William Marra, Sonia Mcneil

William Marra

The United States is in the midst of a national debate about the role drone aircraft should play in warfare abroad and law enforcement at home. Armed drones hunt enemies abroad 24 hours a day, seven days a week. Drones have begun to patrol our domestic skies too, on the lookout for suspicious activity. But contemporary drones are merely the “Model T” of robot technology. Today, humans are still very much “in the loop”: humans decide when to launch a drone, where it should fly, and whether it should take action against a suspect. But as drones develop greater autonomy, …

Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew C. Waxman

Faculty Scholarship

Lethal autonomous machines will inevitably enter the future battlefield – but they will do so incrementally, one small step at a time. The combination of inevitable and incremental development raises not only complex strategic and operational questions but also profound legal and ethical ones. The inevitability of these technologies comes from both supply-side and demand-side factors. Advances in sensor and computational technologies will supply “smarter” machines that can be programmed to kill or destroy, while the increasing tempo of military operations and political pressures to protect one’s own personnel and civilian persons and property will demand continuing research, development, and …

Exploring Universal Rights: A Symposium, Jamie Mayerfeld, Brooke Ackerly, Henry Shue, Jack Donnelly, Kok-Chor Tan, Charles Beitz

Human Rights & Human Welfare

A review of:

Which Rights Should Be Universal? by William J. Talbott. New York, NY: Oxford University Press, 2005. 232pp.

The Universality Of Human Rights: A Response, William J. Talbott

Human Rights & Human Welfare

A response to:

Mayerfeld, J., Ackerly, B., Shue, H., Donnelly, J., Tan, K., & Beitz, C. (2007). Exploring universal rights: A symposium. Human Rights, Human Welfare, 7. https://digitalcommons.du.edu/hrhw/vol7/iss1/24/