Volume 53
Issue
2
Date
2022

Embodied Artificial Intelligence and Jus ad Bellum Necessity: Influence and Imminence in the Digital Age

by Francis Grimal and Michael J. Pollard

Prevention is better than the cure. . .” — Erasmus, 16th Century

In re-opening the classic debate surrounding a state’s wider right of self- defense (in light of emerging technologies, and via the lens of influence communications), the authors controversially close the following discussion in favor of allowing Embodied Artificial Intelligence (EAI) to lawfully authorize pre-emptive acts of self-defense in response to non-imminent threats of a grave
 se of force. The authors provide a twofold justification for adopting this highly provocative stance.

First, they argue that the introduction of EAIs will facilitate a unique recalibration of the necessity and last resort requirements of self-defense which would enable certain pre-emptive actions to be re-categorized as anticipatory.Secondly, the authors contend that because EAIs will be able to compute post-bellum considerations as part of their preparatory calculations, the potential unlawfulness of pre-emptive actions are further mitigated. In short, the utilization of EAI’s will ensure that a greater range of humanitarian protections can be provided to the civilian population when future acts of self-defense are deemed necessary.

 

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