dialogue involving international and national interests that generally characterizes the development of international law.”107 In the final analysis: The fundamental principle underlying the gradual development of these standards and rules alongside the evolution of automation technologies, however, should be that what matters is ever greater compliance with the core obligations of the law of armed conflict: necessity, distinction, proportionality and humanity. Whether the actor on the battlefield is a “who” or a “what” is not truly the issue, but rather how well that actor performs according to the law of armed conflict. Debate over standards or rules for automated or autonomous systems should remain scrupulously neutral as between human or machine, and should affirmatively reject any a priori preference for human over machine. . . . The principle of humanity is fundamental, but it refers, not to some idea that humans must operate weapons, but instead to the promotion of means or methods of warfare that best protect humanity within the lawful bounds of war, irrespective of whether the means to that end is human or machine or some combination of the two.108 CONCLUSION Law regulates people, not machines. If the principles of international law are to be preserved as autonomous weapon systems gain increasing use and develop ever-more sophisticated operations, then human beings will have to maintain the ultimate control over the decisions about how, when, and where those weapon systems are deployed. Because it is impractical to attempt to outlaw autonomous weapon systems, international law must develop a method by which it can be assured that human control is always present at a significant level in autonomous weapon systems. That method must include international and national standards that are constantly evolving along with technology and the changing nature of warfare. In the final analysis, human beings cannot create a set of killer robots and hope 107 108
Id. at 409. Id. at 410–11.
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