Regulating Lethal and Harmful Autonomy: Drafting a Protocol VI of the Convention on Certain Conventional Weapons

Abstract

This short paper provides two partial drafts for a Protocol VI that might be added to the existing five Protocols of the Convention on Certain Conventional Weapons (CCW) to regulate "lethal autonomous weapons systems" (LAWS). Draft A sets the line of tolerance at a "human in the loop" between the critical functions of select and engage. Draft B sets the line of tolerance at a human in the "wider loop" that includes the critical function of defining target classes as well as select and engage. Draft A represents an interpretation of what NGOs such as the Campaign to Stop Killer Robots are seeking to get enacted. Draft B is a more cautious draft based on the Dutch concept of "meaningful human control in the wider loop" that does not seek to ban any system that currently exists. Such a draft may be more likely to achieve the consensus required by the UN CCW process. A list of weapons banned by both drafts is provided along with the rationale for each draft. The drafts are intended to stimulate debate on the precise form a binding instrument on LAWS would take and on what LAWS (if any) should be banned and why.