Constitutional Law

War, Responsibility, and Killer Robots

40 N.C. J. Int’l L. 909 (2015) (invited symposium contribution)

Although many are concerned that autonomous weapon systems may make war “too easy,” no one has discussed how their use may affect the constitutional war power. When conventional weaponry required boots on the ground, popular outrage at the loss of American lives incentivized Congress to check presidential warmongering. But as human troops are augmented and supplanted by robotic ones, it will be politically easier to justify using force, especially for short-term military engagements. Like drones and cyber operations, autonomous weapon systems will contribute to the growing concentration of the war power in the hands of the Executive, with implications for the doctrine of humanitarian intervention.