Autonomous Systems in a Military Context (Part 2)

Author(s):  
Jai Galliott ◽  
Tim McFarland

This is the second paper of two on the role of autonomy in the unmanned systems revolution currently underway and affecting military forces around the globe. In the last paper, the authors considered the implications of autonomy on the legal obligations of military forces and their ability to meet these obligations, primarily through a survey of the domestic law of a number of drone wielding nations and relevant international legal regimes, including the law of armed conflict, arms control law, international human rights law, and others. However, the impact of autonomy in the military context extends well beyond the law and also encompasses philosophy and morality. Therefore, this paper addresses perennial problems concerning autonomous systems and their impact on what justifies the initial resort to war, who may be legitimately targeted in warfare, the collateral effects of military weaponry and the methods of determining and dealing with violations of the laws of just war theory.

2019 ◽  
pp. 433-451
Author(s):  
Jai Galliott ◽  
Tim McFarland

This is the second paper of two on the role of autonomy in the unmanned systems revolution currently underway and affecting military forces around the globe. In the last paper, the authors considered the implications of autonomy on the legal obligations of military forces and their ability to meet these obligations, primarily through a survey of the domestic law of a number of drone wielding nations and relevant international legal regimes, including the law of armed conflict, arms control law, international human rights law, and others. However, the impact of autonomy in the military context extends well beyond the law and also encompasses philosophy and morality. Therefore, this paper addresses perennial problems concerning autonomous systems and their impact on what justifies the initial resort to war, who may be legitimately targeted in warfare, the collateral effects of military weaponry and the methods of determining and dealing with violations of the laws of just war theory.


Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.


2020 ◽  
Vol 35 (2) ◽  
pp. 1-8
Author(s):  
Nir Gazit ◽  

The murder of George Floyd by a police officer in the United States in May 2020 and the subsequent turmoil, as well as the violence against migrants on the US-Mexican border, have drawn major public and media attention to the phenomenon of police brutality (see, e.g., Levin 2020; Misra 2018; Taub 2020), which is often labeled as ‘militarization of police’. At the same time, in recent years military forces have been increasingly involved in policing missions in civilian environments, both domestically (see, e.g., Kanno-Youngs 2020; Schrader 2020; Shinkman 2020) and abroad. The convergence of military conduct and policing raises intriguing questions regarding the impact of these tendencies on the military and the police, as well as on their legitimacy.


Author(s):  
Maciej Ruciński

The article presents an outline of the law governing railway transport in comparison with the regulations for road transport. The comparison shows that railway entrepreneurs are much more encumbered with legal obligations than road carriers, which in part is due to the specificity of this branch of transport. The essential constraints to the competitiveness of railway transport relate to the cost of access to railway infrastructure and its condition. The article also points out the faulty legislation, disadvantageous to both modes of transport, and attempts to determine the impact of legal solutions for the development of rail transport.


Ad-gnosis ◽  
2019 ◽  
Vol 8 (8) ◽  
pp. 11-20
Author(s):  
Nelson Cano Holguín ◽  

The Colombian conflict has been one of the longest running disputes in the Western world. Although the signing of the peace treaty in 2016 gave hope back to the territory, this process did not happen overnight, so it was necessary to go through a historical journey to get the results today, where one of its fundamental milestones was the law of victims and the framework for peace. Through a review of the literature, this article seeks to analyze the impact on the Colombian conflict and the dynamics of the actors involved from the perspective of the law of victims. Among the most significant findings is that the Victims’ Law should not be seen as a panacea to solve all the country’s problems. Few recognize that it is a first step in the right direction, and the government’s courage to take it must be stressed. In that sense, the authorities must show good intentions, imagination and political will to allow the military response on the one hand, and generate and implement initiatives and policies with facts on the other hand.


Author(s):  
Fleck Dieter ◽  
Klappe Ben F

This chapter summarizes key issues for Visiting Forces as relevant for judge advocates, government civilian attorneys, and military legal advisors. The presence of one State’s military forces in another State’s territory raises significant issues about the relationship between those states. Sending States will desire to assert their control over their armed forces during the deployment, while Receiving States will desire to assert their sovereign control over their territory. It is the combined effort of states to balance such interests for mutual security benefits that forms the object and purpose of the law of Visiting Forces. The law of Visiting Forces focuses on aspects of the peacetime presence of a Sending State’s armed forces within the territory of a Receiving State. Since the terrorist attacks of 11 September 2011, states have increasingly conducted military activities in complex circumstances that may also implicate the law of armed conflict.


2020 ◽  
pp. jramc-2019-001341
Author(s):  
Luis Queiros-Reis ◽  
A Lopes-João ◽  
J R Mesquita ◽  
C Penha-Gonçalves ◽  
M S J Nascimento

IntroductionNorovirus gastroenteritis is one of the most frequent causes of personnel unavailability in military units, being associated with significant morbidity and degradation of their operational effectiveness. The disease is usually mild but can be severe and life-threatening in young and healthy soldiers, who are prone to dehydration due to intensive daily activity. Despite its impact, the full extent of the norovirus gastroenteritis burden in military forces remains unclear. This systematic review aims to evaluate the impact and ascertain clinical and epidemiological features of norovirus outbreaks that have occurred in the military forces.MethodsThe systematic review followed the Preferred Reporting Items for Systemic Reviews and Meta-Analysis (PRISMA) guidelines and used three databases: PubMed, Scopus, and LILACs. Papers published up to 1 September 2019 were included without restrictions if they reported one or more outbreaks in the military forces on active duty, either on national territories or deployed overseas.ResultsA total of 343 papers were retrieved from the literature search. After inclusion/exclusion criteria a total of 39 eligible papers were considered. From 1988 (first reported outbreak in the military) to 2018 more than 101 norovirus outbreaks have been reported in the military, accounting for at least 24 332 cases. Secondary transmission was emphasised as the main route of norovirus transmission in the military forces, with eating outside the military setting an important route for the primary cases.ConclusionsThe present review highlights that norovirus gastroenteritis has been a burden to military troops both in combat and on peacekeeping operations. Norovirus disease has been shown to exact a substantial toll on mission readiness and operational effectiveness. It is noteworthy that the impact of norovirus outbreaks among military units is underestimated because the literature review retrieved information from the armed forces from only nine countries.


2021 ◽  
pp. 137-158
Author(s):  
Jai Galliott ◽  
Bianca Baggiarini ◽  
Sean Rupka

Combat automation, enabled by rapid technological advancements in artificial intelligence and machine learning, is a guiding principle in the conduct of war today. Yet, empirical data on the impact of algorithmic combat on military personnel remains limited. This chapter draws on data from a historically unprecedented survey of Australian Defence Force Academy cadets. Given that this generation of trainees will be the first to deploy autonomous systems (AS) in a systematic way, their views are especially important. This chapter focuses its analysis on five themes: the dynamics of human-machine teams; the perceived risks, benefits, and capabilities of AS; the changing nature of (and respect for) military labor and incentives; preferences to oversee a robot, versus carrying out a mission themselves; and the changing meaning of soldiering. We utilize the survey data to explore the interconnected consequences of neoliberal governing for cadets’ attitudes toward AS, and citizen-soldiering more broadly. Overall, this chapter argues that Australian cadets are open to working with and alongside AS, but under the right conditions. Armed forces, in an attempt to capitalize on these technologically savvy cadets, have shifted from institutional to occupational employers. However, in our concluding remarks, we caution against unchecked technological fetishism, highlighting the need to critically question the risks of AS on moral deskilling, and the application of market-based notions of freedom to the military domain.


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