Showing posts with label proportionality in laws of war. Show all posts
Showing posts with label proportionality in laws of war. Show all posts

Wednesday, July 04, 2007

David Martin's TLS review of 'The Price of Peace'

David Martin, the eminent LSE professor (now emeritus), has an outstanding review of what appears to be an outstanding (I just ordered my copy) new book on just war theory - The Price of Peace: Just war in the twenty-first century (Cambridge paperback), eds. Charles Reed and David Ryall - in this week's TLS, June 29, 2007, No. 5439, p 24-25. As it's not online anywhere, I'm afraid you'll have to take my word for it.

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I'm moving this comment from the comments up to the main text to make it more visible in case anyone wants to respond to it. As I said above, I'm waiting for my copy of The Price of Peace to arrive, so I can't respond to what is said here about the book; I will do so once I've received and read it. But I have very considerable respect for David Martin's views, and I think the review an outstanding short essay - I'm very sorry it is not online, even for a fee (eventually it will show up in the TLS subscriber only archive). If anyone else wants to comment, by all means, and I will comment on the book once I've read it.

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I would be very interested in hearing others' comments on the review (which I've not seen) and the book (which I have). The book has some fresh faces, and also, usefully for critics, provides recent pieces by "just war" theorists who've helped bring just war theory into disrepute by appropriating it to support the war in Iraq: James T. Johnson, Jean Bethke Elshtain, George Weigel. Sorry, no Michael Novak or R.J. Neuhaus, but the family resemblances within this group are strong enough that the general picture emerges.

One feature of the picture is the trashing of in bello considerations. Others are its romantic attachment to "precision weapons" and the ongoing assault on the American bishops. Omitted from the book, unfortunately, is this group's disdain for the Peace of Westphalia, for the Catechism's worries about "modernorum destructionis mediorum potentia," among other topics.

They dislike Westphalia because it strengthened state sovereignty, which they generally view as merely a troublesome impediment to selective American efforts at regime change. They seldom tell us why Westphalia was desirable: it's as if one man's 30 Years War is another man's (or woman's) humanitarian intervention.

The book omits any reference to Ann Orford's work on humanitarian interventions. Jeffrey Sachs is nowhere to be found.

This does not mean there are not good contributions here. And it is a service to history, if not to the cause of peace, to include Elshtain, Weigel and Johnson. (That Johnson, a real expert on just war, should be as optimistic about "precision weapons" as he is, is damning testimony to the power of academic compartmentalization.)

I'm providing my address because I would be interested in feedback.

Dan Tompkins
Temple University
pericles@temple.edu

The ethics of robot soldiers?

Increased roboticization of US military operations is both inevitable and, on balance, a very good idea. (See this general article on robots on the battlefield.) Along with the things on the immediate horizon such as robot surveillance and remote sensing and all that has been the exploration, in the long term, of robot fighters. In that process, the more sci-fi inclined among us - that includes me - have been thinking about the issues of ethics and robot fighters, if they were made to include independent decisionmaking in at least some circumstances.

There have been some discussions in the academy, and some references to those in the press. The most easily accessible is this short piece in the Economist, "Robot Wars," June 7, 2007, here:

But whereas UAVs and their ground-based equivalents, such as the machinegun-toting Sword robots, are usually controlled by distant human operators, the Pentagon would like to give these robots increasing amounts of autonomy, including the ability to decide when to use lethal force.
To achieve this, Ronald Arkin of the Georgia Institute of Technology, in Atlanta, is developing a set of rules of engagement for battlefield robots to ensure that their use of lethal force follows the rules of ethics. In other words, he is trying to create an artificial conscience. Dr Arkin believes that there is another reason for putting robots into battle, which is that they have the potential to act more humanely than people. Stress does not affect a robot's judgment in the way it affects a soldier's.

His approach is to create what he calls a “multidimensional mathematical decision-space of possible behaviour actions”. Based on inputs ranging from radar data and current position to mission status and intelligence feeds, the system would divide the set of all possible actions into those that are ethical and those that are not. If, for example, the drone from which the fatal attack on Atef was launched had sensed that his car was overtaking a school bus, it might then have held fire.


There are comparisons to be drawn between Dr Arkin's work and the famous Three Laws of Robotics drawn up in the 1950s by Isaac Asimov, a science-fiction writer, to govern robot behaviour. But whereas Asimov's laws were intended to prevent robots from harming people in any circumstances, Dr Arkin's are supposed to ensure only that they are not unethically killed.

I have been working on preliminary notes for an essay on this topic, but it is all very preliminary. The most striking part of the project is that I do not see that the attempt to translate ethical decisionmaking into machine terms involves genuinely novel questions of ethics as such. On the contrary, what we seek to do is not to establish novel ethical principles, but rather to create, or re-create, hypothetically ideal or perfect ethical decisionmaking and conduct as we would imagine it for a hypothetically ideal or perfect human soldier but do so within a machine, a robot. The problems are in translation, not the creation of new problems or new solutions. In that sense, one could say that however interesting or important a task of ethical translation, it poses no new tasks in fundamental ethical theory.

And yet, accepting that, there nonetheless remains an area of grave difficulty - not because it represents a new problem of ethical decisionmaking different from humans, but because we do not have an adequately theorized approach to dealing with it. I refer to the question of proportionality jus in bello - the balancing of military advantage and damage to noncombatants that is (one of, if not) the core judgment of military ethics and indeed the laws of war. I can say with a fair amount of authority, having been working on this problem very quietly in my study for the last couple of years, that we have no method of weighing these two that is very defensible as a matter of ethical theory. It may be that the very idea of a "theory" to explain the weighing of what might well be understood as incommensurables is itself the problem, and yet in practice we do it and accept that we must do it. The problem, in other words, is not simply how one comes up with a theoretically defensible moral calculus for partly subjective judgments about how to weigh things that have enough similar properties to count as weighing oranges against oranges. That would be a difficult enough calculus to adapt to a machine but at least it would be about weighing similar things.

The much more difficult problem occurs when the things being weighed are, arguably, apples and oranges - both values, in the Isaiah Berlin plurality-of-values sense, but about very different things that seemingly cannot be weighed against each other, even though, as with many things of value in liberal theory, we must. One might think of Berlin's plurality of values as both a glory of liberalism and the tragedy of liberalism. Arguably, such incommensurability is what takes place in attempting to make moral judgments of proportionality jus in bello. Military advantage is a shorthand for describing not merely winning in a narrow military sense, but instead the values for which winning is morally, and not just prudentially, important - the moral value of a political community, its survival and interior values, stability in the external and internal political order, the assertion of moral values such as counter-genocide, etc. Damage to civilians, on the other hand, while referring in part to more remote and abstract values such as political community, is much more about immediate death and destruction. Although we immediately realize, in cases where the disproportion is great enough, when one or the other trumps, it is not very easy to elaborate a set of decisional rules about how to value these against each other. We can, to be sure, develop a certain practice, in a Witttgensteinean sense, or for that matter, a common law lawyer's precendential sense - but that is not really the same as a set of decision rules.

The point about robot soldiers is that this problem reduplicates itself when trying to reproduce a moral calculus at the machine level. It presents a problem, of course - but exactly, in principle at least, the same problem that we as humans have in conceptualizing the process of weighing and decision. But it also presents, perhaps, an opportunity - a kind of thought experiment, sci-fi made real, opportunity to think about how one would seek to operationalize, to make explicit, make external, what are otherwise highly intuitive and internal moral evaluations. And it is in this that I find the ethical issue of robot soldiers particularly interesting.

(Notes from a slowly developing draft paper, "Robot Soldiers and the Ethics of Proportionality Jus in Bello." Forthcoming ... someday.)

Saturday, June 02, 2007

Amichai Cohen on proportionality in the laws of war

Several years ago, while I was drafting an expert declaration on the laws of war applicable to the use of Agent Orange in Vietnam, the brilliant young Debevoise & Plimpton lawyer Anthea Roberts, liasing with me for her firm, suggested that I should turn that research into an article on proportionality in the law of war.

Well, true, I find the topic extremely important and interesting, but didn't take it up at the time on the view that it was too obscure for anyone but a few just war theorists or very technical law of war specialists to care about. Then along came the Lebanon-Hizbollah conflict, and I was sorry indeed not to have written up even a straightforward, unanalytic black-letter law discussion that would have been useful, I think, given the quantities of less-than-lawyerly talk that occurred at the time. I blogged a few bits, mostly drawn from that expert declaration, here, here, here, here, and here. I have such a project on the back-burner, but am currently occupied with other things.

Others, however, are doing very interesting and important work on the subject. Amichai Cohen of Ono Academic College, Israel, has two new papers posted up on SSRN, one related to the discussion of proportionality in the recent Israeli Supreme Court opinion on targeted killings, here, and the other a discussion of proportionality in the actual facts of the Lebanon-Hizbollah war, here.

Both are well worth reading. I am still digesting the second, in particular, and have some disagreements with the analysis, but think it a very well considered piece.

On the first, re the Israeli Supreme Court opinion - well, I have a general view that Israeli Supreme Court opinions on these kinds of topics may and often do make extremely good opinions for the particular situation of the Territories. But the situation there is so specialized - such a mixture of laws of war and occupation in a long term situation of terror, war, forced co-existence, attempts to regularize things through odd combinations of municipal and international law, etc. - that I find the situation sui generis, and likewise judicial opinions with respect to it. I think the Court does an admirable job on its own terms, but I don't find those terms very relevant to the general situation of the laws of war, nor do I think the Court is much worried about that issue in any case. The case of targeted killings by Israeli Defense Forces in the situation of the long term occupation and the combined civilian-military justice system that Israel has, quite sensibly, evolved over a long period - well, it doesn't seem to me to help very much in analyzing the application of the laws of war or other law regarding targeted killings elsewhere.