457 Cesáreo Gutiérrez Espada Autonomous weapons systems, drones and international law 3. Formal proposals for a moratorium already exist (without much chance of success). The essence of the situation described above boils down to the serious concerns that exist as to the current state of the art of robotics and information technology, and whether these weapons systems could eventually be programmed in such a way that, while maintaining their functions, they would adjust these to existing IHL standards, and where applicable relevant IHRL standards, and, if so, how to accomplish this with certainty. Given this state of affairs, it would be wise to adopt a “wait and see” approach, that is to say, to take the time required to calmly consider how to undertake such a task. The time is now ripe, now, while there is still time35. As early as 2010, the Special Rapporteur, Philip Alston, who preceded the incumbent, Mr Heyns, suggested in his report that this was the route to follow by calling for the creation of a group of experts in robotics and the analysis of the extent to which these weapons systems would potentially comply with IHL and IHRL36. In the April 2013 report, Christof Heyns maintains this approach, and essentially makes two fundamental recommendations: 1) Calling on “all States to declare and implement national moratoria on at least the testing, production, assembly, transfer, acquisition, deployment and use of LARs until such time as an internationally agreed upon framework on the future of LARs has been established”. The International Committee of the Red Cross (ICRC) also 35 As the Special Rapporteur of the United Nations Human Rights Council puts it in his report from April 2013: “In contrast to other revolutions in military affairs, where serious reflection mostly began after the emergence of new methods of warfare, there is now an opportunity collectively to pause, and to engage with the risks posed by LARs in a proactive way” (Report of the Special Rapporteur… Christof Heyns cit., p. 7, paragraph 33). 36 “For this purpose, the Secretary-General should convene a group of military and civilian representatives from States, leading authorities in human rights and humanitarian law, applied philosophers and ethicists, scientists and developers to advise on measures and guidelines designed to promote that goal. The group should consider what approaches might be adopted to ensure that such technologies will comply with applicable human rights and humanitarian law requirements, including: a) That any unmanned or robotic weapons system have the same, or better, safety standards as a comparable manned system; b) Requirements for testing the reliability and performance of the technology before its deployment; and c) Inclusion of recording systems and other technology that would permit effective investigation of and accountability for alleged wrongful uses of force” (ALSTON, Philip: Interim Report by the Special Rapporteur on extrajudicial, summary or arbitrary executions A/65/321, 23 August 2010, pp. 1-25, p. 25, paragraph 48).
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