Statement delivered by Paul Hannon, Mines Action Canada, at the Group of Governmental Experts Meeting in March 2019
Thank you Chairperson
On Monday a delegation mentioned the Convention on Cluster Munitions. Many experiences with that life-saving treaty have relevance to this week’s discussions. Not the least of which is the importance of leaving definitions until you are at the negotiating table.
For many years the refrain by a small number of states here in the CCW was that existing IHL was sufficient to cover cluster munitions, but the large number of states who had a different view found a new pathway to address their concerns. For those who are not yet a State Party the Convention on Cluster Munitions the treaty was negotiated in 2008 and bans an indiscriminate, inhumane and unreliable weapon system that cause unacceptable harm to civilians. It entered into force and became a new part of International Humanitarian Law on August 1st 2010. To date 120 states have joined the CCM and even in those countries that have not yet joined, the treaty has impacts, for example, weapons manufacturers and financial institutions which have ceased to produce or invest in cluster munitions due to the reputational risk and the effects of such risk on their company’s bottom line.
Last week the latest government announced the destruction of their entire stockpile of cluster munitions joining a long list of States Parties which have destroyed their stockpiles including many of those states who spoke this week or in previous GGE sessions on weapons reviews.
Presumably, many of those states that had acquired cluster munitions did Article 36 weapons reviews, using existing IHL at the time. I say presumably because information on these reviews is not publically available.
Yet having undertaken their weapons reviews, then acquiring the weapon, and in some cases using it, they ended up agreeing that existing IHL at that time did need a new instrument specific to that weapon and they then joined the new cluster munitions treaty.
IHL is not static. Since the CCW negotiated Protocol IV, a preventive treaty for a weapon that had never been deployed, five other additions have been made to IHL illustrating that it does evolve and through new legally binding instruments becomes even stronger.
Mines Action Canada believes all states should undertake national weapons reviews before acquiring any weapon. We also believe current processes can be more robust and transparent. Public trust in the viability and acceptability of weapons is very important. Mines Action Canada would be pleased to assist any international efforts to improve these reviews, but that is not the work of this GGE.
Compared to autonomous weapons systems cluster munitions are technologically a much more straightforward weapon. It is hard, therefore, to reconcile the fact that existing IHL was not sufficient for cluster munitions and required a new addition to IHL, but somehow it is sufficient for a new weapon system with emerging, unproven, untested, and unpredictable technologies.
Our experience with the cluster munitions and other weapons leads to the inevitable conclusion that from a humanitarian perspective Article 36 weapons reviews on their own are insufficient to protect civilian populations from autonomous weapons systems.
New international law is needed to address the multitude of concerns with autonomous weapon systems. We believe this is possible by 2020 and urge High Contracting Parties to agree to a negotiating mandate in November.
Chairperson, the ICRC is well known for reminding us that even wars have limits. Mines Action Canada believes that the same applies to autonomy in weapons. Even with autonomy there are limits. It is time to negotiate another legally binding instrument, either here or elsewhere, for three key reasons: firstly to protect civilians; secondly to ensure that research and development of the beneficial uses of these new technologies continues and are not tainted by the stigmatizing impact of fully autonomous weapons; and, finally to come to a common agreement on how retaining meaningful human control will help define those limits to autonomy.
Delivered by Paul Hannon, Executive Director
Thank you Mr. Chairman. As a co-founder of the Campaign to Stop Killer Robots and a long-time advocate for humanitarian disarmament, Mines Action Canada supports the statement delivered by the Campaign’s Coordinator.
In many ways 2017 was a lost year for efforts to prohibit autonomous weapons here so we are hoping to see significant progress at the CCW in 2018.
Outside of these walls though, the conversation about autonomous weapons progressed at the end of 2017 and the start of 2018.
In November, over 200 Canadian Artificial Intelligence experts released an open letter to Prime Minister Justin Trudeau calling for Canadian leadership on autonomous weapons systems. These Canadian experts are still waiting for a response from the government of Canada. Similar national letters have been released in Australia and Belgium.
Two weeks ago the G7 Innovation Ministers released a Statement on Artificial Intelligence which cited the need to increase trust in AI and included a commitment to “continue to encourage research, including […] examining ethical considerations of AI.”.
This week should provide opportunity for states to share and expand on their positions with regards to autonomous weapons systems and the need for meaningful human control. States should not overlook the ethical, humanitarian and human rights concerns about autonomous weapons systems as we delve into some technical topics.
Mr. President, CCW protocols have a history of addressing the ethical and humanitarian concerns about weapons. Protocol IV on blinding laser weapons is particularly relevant to our discussions. As a pre-emptive prohibition on an emerging technology motivated by ethical concerns, Protocol IV has been very effective in preventing the use of an abhorrent weapon without limiting the development of laser technology for other purposes including other military purposes. It is important to note that Protocol IV has some of the widest membership of all the protocols including all five permanent members of the United Nations Security Council, all the states that have chaired the autonomous weapons talks here at the CCW and most of the states who have expressed views about autonomous weapons. All those states are party to a Protocol that banned for ethical reasons a weapon before it was ever deployed in conflict.
Above all, we hope that the states present this week will reflect on the concept of responsibility. The Government of Poland’s working paper which discusses this topic is a useful starting point. We see responsibility as a theme that runs throughout these discussions.
A Canadian godfather of Artificial Intelligence has often spoken of the need to pursue responsible AI. Responsible AI makes life better for society and helps “prevent the misuse of AI applications that could cause harm” as noted in the G7 Annex.
We have been entrusted with a great responsibility here in this room. We have the responsibility to set boundaries and prevent future catastrophes. We must be bold in our actions or we could face a situation where computer programmers become de facto policy makers.
Above all, as part of our collective humanity, we must remain responsible for our actions – we cannot divest control to one of our creations whether it is in our daily actions, or more crucially for this week’s discussion, in our decisions to use weapons.
In the past, those sitting in these seats have met their responsibility to “continue the codification and progressive development of the rules of international law applicable in armed conflict” by negotiating new protocols and in the case of blinding laser weapons a pre-emptive protocol. Now it is our turn and this is our issue to address.
Delivered by: Erin Hunt, Programme Coordinator
Thank you Mr. Chair. As a co-founder of the Campaign to Stop Killer Robots, Mines Action Canada is very conscious of public opinion and the public conversation concerning autonomous weapons systems. Recently, autonomous weapon systems have been in the news in Canada. Last week, over 200 Canadian Artificial Intelligence experts released an open letter to Prime Minister Justin Trudeau calling for Canadian leadership on the issue. The letter states [quote] “Lethal autonomous weapons systems that remove meaningful human control from determining the legitimacy of targets and deploying lethal force sit on the wrong side of a clear moral line.” [unquote]
Copies of this letter can be found at the back of the room. It is not only in Canada where the AI research community is speaking out – a similar letter was also released in Australia. As mentioned by my colleague, since the last time the CCW met a letter from over 100 founders of robotics and artificial intelligence companies calling for a preemptive ban on autonomous weapons was also released. Additional national letters are in the works.
These public letters show that concerns about possible negative impacts of a pre-emptive ban are misplaced as ICRAC made clear moments ago and what the research community is calling for is bold and decisive action.
Mines Action Canada appreciates the significant number of expert presentations we have had this week but we hope that states will take time to share their views substantially over the remaining days.
From states who say Article 36 review may be sufficient to deal with our concerns about autonomous weapons systems, we hope to hear how an Article 36 review would be able to assess bias in the data used in machine learning and how comportment with IHL would be ensured by systems that continue to learn after the review.
In light of persistent statements from some delegations that they are uncertain about what we are talking about here, we hope to hear states share their current understanding of autonomous weapons systems. Specific definitions are not needed at this stage but we believe there is more clarity and consensus on these questions than one may think.
We would like to hear more on next steps from states who are calling for a pre-emptive ban. Mines Action Canada would welcome concrete discussions on how to ensure that momentum is not lost on this issue. We lost a week of work in August but as I mentioned at the beginning of my statement, the public conversation about autonomous weapons continues to advance and the people at home expect us to make progress.
This week it is important to continue to build on the work done in the past and to ensure that further discussions take place in 2018. Administrative challenges do not lessen “the need to continue the codification and progressive development of the rules of international law applicable in armed conflict” that is reaffirmed in the Preamble of this Convention. The technology is rapidly advancing and so must our conversations here.
The Campaign to Stop Killer Robots is deeply disappointed that the Convention on Conventional Weapons (CCW) has cancelled a crucial week of formal discussions on fully autonomous weapons in August. This step was taken because of the failure of several states, most notably Brazil, to pay their assessed dues for the convention’s meetings.
“The collective failure of countries to find a solution to their financial woes doesn’t mean they can stop addressing concerns over weapons that would select and attack targets without further human intervention” said Mary Wareham of Human Rights Watch, coordinator of the Campaign to Stop Killer Robots. “If the CCW is unable to act, nations must find other ways to maintain the momentum toward a ban,” she said. “Countries that agree with the need to retain human control of weapons systems should move swiftly to adopt national policies and laws and to negotiate a new international treaty prohibiting fully autonomous weapons.”
The call for a preemptive ban on fully autonomous weapons has been endorsed by 19 countries and dozens more states have affirmed the need to retain human control over the selection of targets and use of force. This clearly indicates that they see a need to prevent the development of fully autonomous weapons. Last December, China became the first permanent member of the UN Security Council to find that new international law is required to regulate fully autonomous weapons.
The Campaign calls on Canada and all countries to urgently address the enormous humanitarian challenges posed by these weapons by endorsing the call for a ban. It is vital and urgent that all stakeholders work together to secure a new international treaty before these weapons are unleashed.
“Canada has a long history of taking action when the CCW is unable to move forward,” said Paul Hannon, Executive Director of Mines Action Canada, a co-founder of the Campaign to Stop Killer Robots. “We are calling on Canada to act now to ensure that there is always meaningful human control over weapons. The international community cannot let the work done thus far go to waste.”
The Campaign to Stop Killer Robots fundamentally objects to permitting machines to take a human life on the battlefield or in policing, border control, and other circumstances. It calls for a preemptive ban on fully autonomous weapons through new international law as well as through domestic legislation.
Following the launch of the Campaign to Stop Killer Robots and a debate in the Human Rights Council, countries agreed in November 2013 to begin discussing what they called lethal autonomous weapons systems at the Convention on Conventional Weapons at the United Nations in Geneva. The CCW is a framework treaty that prohibits or restricts certain weapons and its 1995 protocol on blinding lasers is an example of a weapon being preemptively banned before it was acquired or used.
Most of the CCW’s 124 high contracting parties participated in three meetings on lethal autonomous weapons systems in 2014-2016, in addition to UN agencies, the International Committee of the Red Cross, and the Campaign to Stop Killer Robots. Last December at their Fifth Review Conference CCW states decided to formalize and expand those deliberations by establishing a Group of Governmental Experts on lethal autonomous weapons systems to meet in August and November 2017, chaired by Ambassador Amandeep Singh Gill of India.
However, on 30 May, the CCW’s president-designate Ambassador Matthew Rowland of the UK announced that the Group of Governmental Experts meeting scheduled for 21-25 August has been cancelled due to a lack of funds. Previously Rowland issued several warnings that that the lack of payment of assessed financial contributions would mean the likely cancellation of CCW meetings planned for 2017.
Several countries have financial arrears from previous years, but according to the UN’s official summary, Brazil accounts for 86 percent of the outstanding contributions due to four core humanitarian disarmament treaties, including the CCW. Brazil last paid its assessed CCW contributions in 2010. The Campaign to Stop Killer Robots has appealed to Brazil to pay its outstanding contributions without delay and it challenges CCW states to achieve cost saving measures in other ways that do not require the cancellation of key meetings.
Several autonomous weapons systems with various degrees of human control are currently in use by high-tech militaries including CCW states the US, China, Israel, South Korea, Russia, and the UK. The concern is that low-cost sensors and advances in artificial intelligence are making it increasingly practical to design weapons systems that would target and attack without any meaningful human control. If the trend towards autonomy continues, humans will start to fade out of the decision-making loop, first retaining only a limited oversight role, and then no role at all.
Canada, France, UK, and the US supported establishing the CCW Group of Governmental Experts last December, but remain unambitious in their overall goals for the process by proposing a focus on sharing best practices and achieving greater transparency in the conduct of legal reviews of new weapons systems. Russia openly opposed the creation of a Group of Governmental Experts, but did not block multilateral consensus for establishing one.
The Convention on Conventional Weapons (CCW) Review Conference in December will decide if they will hold a Group of Governmental Experts (GGE) meeting on autonomous weapons systems in 2017. A GGE is the logical next step in the work to address concerns about autonomous weapons systems (or killer robots).
The Campaign to Stop Killer Robots is getting ready for the Review Conference here in Canada and around the world. Check out our colleagues at Reaching Critical Will for an update on the Preparatory Meeting of the CCW to see how the international preparations are going.
On the Canadian side, our Program Coordinator, Erin Hunt, was pleased to deliver the Campaign’s statement to the United Nations General Assembly’s First Committee on October 12.
Over the next month and a bit, we will be talking with parliamentarians, civil society and academics to help ensure that Canada takes a strong position at the Review Conference and beyond. You can help by writing your MP to ask that Canada outline a national policy on autonomous weapons or by donating online to support our work.