Volume 18(2) of Theoretical Inquiries in Law (2017) carries the papers presented at the September 2015 conference
Myriam Feinberg’s new book analyzes the role of international organizations in adopting counterterrorism measures after 9/11 and the impact of these measures on the sovereignty of their Member States.
Olga Frishman and Eyal Benvenisti
Published in: The Interpretation of International Law by Domestic Courts (Helmut Philipp Aust & Georg Nolte eds., Oxford University Press 2016)
Eliav Lieblich and Eyal Benvenisti
Forthcoming in TAU Law Review – Iyuney Mishpat (2016), posted on ssrn
Here is the abstract:
Under the laws of armed conflict, targeting decisions are subject to the requirement to exercise constant discretion. This requirement is all the more stronger in the context of asymmetric warfare, when the use of force constitutes the exercise of public authority vis-à-vis individuals subjected to state power. Autonomous weapons systems (AWS) are based on pre-programmed algorithms. The pre-programmed algorithm binds the discretion of the human operators of the AWS. Hence the deployment of AWS, without constant human involvement in targeting decisions, is per se arbitrary and incompatible with the requirements of international humanitarian law and human rights law. We submit that our analysis provides a more satisfying explanation for the intuitive resentment toward AWS that is addressed in the otherwise rather circular debate about the morality and lawfulness of AWS.