The United Nations Group of Governmental Experts on lethal autonomous weapon systems has emphasised that all weapon systems must be developed and used in compliance with international law. However, the fundamental question is whether existing international law is adequate to govern autonomy in weapon systems. The position in this paper is that in as far as the governance of autonomy in weapon systemsis concerned, there is a lacuna or gap in existing international law. The challenges that are raised by autonomous weapon systems go beyond questions of compatibility with existing international law to include critical questions relating to ethics, morality and fundamental values that are critical to humanity.
Many populist demagogues in America and Europe have spoken; and continue to speak; against human rights in their campaigns for political office. This article discusses the factors that have contributed to the current wave of populism; and the nature of the challenges that are presented by populism to democracy; human rights; and constitutionalism from an international human rights law perspective. It also focuses on President Donald Trump; who was voted President of the United States; even after he clearly and publicly indicated his support for torture and his intentions to approve it in the United States. To that end; the article asks what a state should do when faced with such populist demagogues; arguing that international law authorizes states to disqualify such candidates from running for public office. In certain circumstances; especially those involving human rights norms that are part of customary international law; there is a state obligation to exclude those who plan to violate them. Of course; such exclusion limits certain rights; such as freedom of expression; the right to vote; and the right to run for public office. Such limitations are not only justifiable for their pursuance of a legitimate aim; but also necessary and proportionate.
AbstractThis article provides a holistic examination of the international legal frameworks which regulate targeted killings by drones. The article argues that for a particular drone strike to be lawful, it must satisfy the legal requirements under all applicable international legal regimes, namely: the law regulating the use of force (ius ad bellum); international humanitarian law and international human rights law. It is argued that the legality of a drone strike under the ius ad bellum does not preclude the wrongfulness of that strike under international humanitarian law or international human rights law, and that since those latter obligations are owed to individuals, one State cannot consent to their violation by another State. The article considers the important legal challenges that the use of armed drones poses under each of the three legal frameworks mentioned above. It considers the law relating to the use of force by States against non-State groups abroad. This part examines the principles of self-defence and consent, in so far as they may be relied upon to justify targeted killings abroad. The article then turns to some of the key controversies in the application of international humanitarian law to drone strikes. It examines the threshold for non-international armed conflicts, the possibility of a global non-international armed conflict and the question of who may be targeted in a non-international armed conflict. The final substantive section of the article considers the nature and application of the right to life in armed conflict, as well as the extraterritorial application of that right particularly in territory not controlled by the State conducting the strike.
Explores a variety of ways of thinking ethically about drone violenceExplores how drone violence works in different circumstances, its complexities and various effects, and ways of judging it morally9 substantive chapters demonstrate different ways of thinking ethically about the current and future use of lethal drone technologyPresents ethical assessments based on ideas within and beyond traditional Just War theoryAddresses the ongoing policy concern that state use of drone violence is sometimes poorly understood and inadequately governedIncorporates disciplinary perspectives from military ethics, critical military studies, international law, international relations, gender studies, and historyContributors include established and emerging scholars from a diversity of backgroundsThe violent use of armed, unmanned aircraft ('drones') is increasing worldwide, but uncertainty persists about the moral status of remote-control killing and why it should be restrained. Practitioners, observers and potential victims of such violence often struggle to reconcile it with traditional expectations about the nature of war and the risk to combatants. Addressing the ongoing policy concern that state use of drone violence is sometimes poorly understood and inadequately governed, the book's ethical assessments are not restricted to the application of traditional Just War principles, but also consider the ethics of artificial intelligence (AI), virtue ethics, and guiding principles for forceful law-enforcement. This edited collection brings together nine original contributions by established and emerging scholars, incorporating expertise in military ethics, critical military studies, gender, history, international law and international relations, in order to better assess the multi-faceted relationship between drone violence and justice
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This resource is divided into two primary sections. The first is an annotated bibliography of works related to our integrated literature review on data justice, and the second is a table of organisations conducting data justice or data justice adjacent work. The annotated bibliography contains works relevant to each theme of the integrated literature review which is an accompanying document to this resource. Within each theme and sub-theme key works as well as summaries are provided to direct the reader to additional readings about the topics. This annotated bibliography is not an exhaustive resource, but rather meant to serve as a starting point for learning more about these topics. The table of organisations contains information about organisations conducting data justice or adjacent data justice work across the globe. To ensure the inclusion of a diverse set of organisations from across the globe and across relevant stakeholder groups, the team adopted a three-pronged approach to the identification of organisations. First, recommendations were taken from our existing advisory board members whose expertise on data justice within their regions of operation allowed them to identify organisations which might have been missed. Second, existing networks were examined to identify small organisations working at the intersection of datafication and social justice. This included the Association of Progressive Communications whose aim is 'empowering and supporting people working for peace, human rights, development and protection of the environment, through the strategic use of information and technologies and Privacy International who aim 'to protect democracy, defend people's dignity, and demand accountability from institutions who breach public trust'. Third, through active research and cascading search, additional organisations were identified based on prior work on datafication and social justice, previous experience of stakeholder engagement, and strong networks among relevant stakeholder groups. The table serves ...