And next please? The future of the NLW debate.

• Author: Kaurin, Pauline M. Shanks
• Position: Non-lethal weapons - Frederick K. Cox International Law Center Symposium: International Regulation of Emerging Military Technologies

Given the current face of emerging technologies in the media, and given the lack of prominence of stories and discourse about non-lethal weapons except in relation to domestic policing issues, one might wonder what direction the debate over non-lethal weapons as an emerging technology will take. This piece is designed to move along the conversation and think creatively and proactively about where the conversation needs to go. While non-lethal weapons have their own unique features, it is useful to frame the issues in terms of the questions and ethical problems that these emerging technologies raise, especially targeting, discrimination, and risk. Many of the same ethical issues also apply to other emerging technologies, framing a larger discourse about the future direction of war and the evolving ethical implications.

CONTENTS I. INTRODUCTION II. NON-LETHAL WEAPONS AS AN EMERGING TECHNOLOGY III. ETHICAL RAMIFICATIONS OF THE USE OF NON-LETHAL WEAPONS ON THE BATTLEFIELD A. TARGETING B. DISCRIMINATION C. RISK D. IMPACT E. LONG-TERM COLLATERAL DAMAGE IV. CONCLUSION I. INTRODUCTION

When reviewing the recent discourse on emerging technologies and warfare in the popular press, several things immediately come to the fore. First, there is the debate about the use of drones (Unmanned Aerial Vehicles or UAVs) in the Global War on Terror, particularly in relation to the targeted killing of Anwar al-Awlaki and others in Pakistan and Yemen. (2) While targeted killing can be, and has been, conducted without drones, (3) the use of UAV technology has sharply galvanized debate on the practice. (4) Part of the reason for this sharpening may well be that such technology raises questions about the increasing automation of warfare, and the extent to which humans seem increasingly removed and remote in warfare. This physical and psychological removal of combatants from the battlefield increases the possibly of moving armed conflict toward full automation, raising serious implications for the morality and laws of war, not to mention the very nature of war itself.

Second, there are increasing concerns about cyberwarfare, especially with regard to serious hacking threats from China (5) and Iran, (6) in addition to threats from non-State actors. (7) In his discussion of asymmetric warfare, Rod Thornton notes that China has been quite explicit about its intention to use informational warfare, disrupting important infrastructure and informational systems, to cripple the U.S. military. (8) Indeed, these threats are serious because it does not take a large threat in order to create a great effect. (9) Technology is absolutely integral to both the American Way of War and the American Way of Life. The dependency of both the U.S. military and civilian infrastructure on technology highlights the vulnerability that such threats expose.

Third, there are various groups--Hamas, Islamic State (IS), and al-Qaeda to name but a few--making extensive and effective use of social media for recruiting purposes, to get their message out, and to influence the actions of both state and non-state actors. (10) Twitter, You Tube, Facebook, and other social media are the preferred platforms, and were used by both Israel and Hamas during the recent Gaza conflict, (11) as well as by IS, al-Qaeda, and their affiliates to broadcast events like the execution of journalist James Foley. (12) Minority groups in Syria, Iraq, and various parts of Africa (such as Sudan, Congo, and Nigeria) have also used social media to bring attention to human rights abuses, such as potential or current ethnic cleansing and genocide, to influence public opinion, debate, and ultimately policy decisions at very high levels. (13)

Given that this is the current face of emerging technologies in the media, and given the lack of prominence of stories and discourse about non-lethal weapons (NLW) except in relation to domestic policing issues, one might wonder what direction the debate over NLW as an emerging technology will take. This piece is designed to move along the conversation and think creatively and proactively about where the conversation needs to go. While NLW have their own unique features, it is useful to frame the issues in terms of the questions and ethical problems that these emerging technologies raise, especially targeting, discrimination, and risk. Many of the same ethical issues also apply to other emerging technologies, framing a larger discourse about the future direction of war and the evolving ethical implications.

2. Non-Lethal Weapons as an Emerging Technology

   A core element of the debate surrounding NLW as an emerging technology is whether NLW still qualify as an emerging technology or if they have passed into the realm of existing technologies. According to the Institute for Ethics and Emerging Technologies, "Emerging Technologies are ones that: arise from new knowledge of the innovative application of existing knowledge; lead to the rapid development of new capabilities; are projected to have systemic and long lasting economic, social and political impacts; create new opportunities for and challenges to addressing global issues and have the potential to disrupt or create entire industries." (14) While this definition is not perfect, it addresses an essential point that there is something transformative and potentially radical about the technology relative to other technologies that are already present and in use.

   NLW have been used in various combat contexts since at least the 1990s. Beginning with Somalia (15) and the former Yugoslavia, (16) commanders requested NLW to address asymmetric armed conflict situations that presented significant risks to civilian populations, such as peacekeeping, humanitarian interventions, counterinsurgencies. Commanders also requested NLW for use in...