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Implementation and Innovation: Humanitarian Disarmament in 2023

2/2/2023

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This is the sixth blog post in a series looking at an array of issues in 2023 related to weapons use, the arms trade and security assistance, often offering recommendations.

(photo, right: 
Bonnie Docherty (author) delivers statement at the endorsement conference of explosive weapons declaration in Dublin, November 2022. Credit: Erin Hunt, 2022.)

This post also is also published on humanitariandisarmament.org’s Disarmament Dialogue blog.  ​
Picture
Bonnie Docherty

The past year underscored the need to have and to ensure respect for strong and effective humanitarian disarmament law. Since Russia’s full-scale invasion of Ukraine, cluster munitions, antipersonnel landmines, and explosive weapons with wide area effects have been used in populated areas, mostly by Russia. Russia has in addition repeatedly threatened to use nuclear weapons.
 
These attacks and threats have inflicted a horrific civilian toll, but they have also generated international opprobrium because they involved weapons banned or practices restricted under humanitarian disarmament treaties and commitments. While more work needs to be done to minimize the civilian suffering in Ukraine and other armed conflicts around the world, demonstrating robust and united support for global civilian protection norms is an important step.
 
Humanitarian disarmament, which seeks to prevent and remediate arms-inflicted human and environmental harm, was advanced as well as reinforced in 2022. States adopted important new standards and commitments on the use of explosive weapons in populated areas, nuclear weapons, and the environment and armed conflict. To ensure that these standards and commitments achieve their potential, 2023 will be critical for implementation. It is also a time for innovation, especially in addressing the risks and dangers posed by autonomous weapons systems.
 
Explosive Weapons in Populated Areas

A political declaration on the use of explosive weapons in populated areas, endorsed by 83 countries on November 18, aims to better protect civilians from humanitarian consequences of the bombing and shelling of cities and towns. It goes beyond urging greater compliance with existing international humanitarian law to establishing guidelines for preventing and remediating the harm from this method of warfare. The use of explosive weapons in populated areas is one of the greatest threats to civilians in contemporary armed conflicts, and the declaration contains strong provisions with the potential to address both direct and reverberating effects. But it will only be as effective as its interpretation and implementation.
 
Over the next year, signatories to the declaration should ensure that they interpret it through a humanitarian lens. Its core provision calls on states to adopt “policies and practices to help avoid civilian harm, including by restricting or refraining as appropriate from the use of explosive weapons in populated areas, when their use may be expected to cause harm to civilians or civilian objects.” According to a report by Human Rights Watch and Harvard Law School’s International Human Rights Clinic, to live up to the declaration’s humanitarian purpose, states should understand the paragraph to mean they should refrain from using explosive weapons with wide area effects in populated areas, and restrict their use of all other explosive weapons in those areas.
 
State signatories should also carry out the commitments they made in the declaration and be ready to report on their progress at the first follow-up meeting in Norway in 2024. They should, for example, review, develop, and improve relevant national policies and practices; train their armed forces on the declaration’s provisions; collect and share data; and provide assistance to victims. Several civil society organizations have published recommendations for how most effectively to implement the declaration’s commitments.
 
Nuclear Weapons

Implementation is also key for the 2017 Treaty on the Prohibition of Nuclear Weapons. The treaty’s landmark First Meeting of States Parties in Vienna last June adopted the Vienna Declaration, reaffirming states parties’ commitment to eliminating nuclear weapons and stressing the treaty’s underlying moral and ethical imperatives. The meeting further agreed to the Vienna Action Plan, which lays out steps to advance the process of implementing the treaty. Expanding support for the treaty remains a top priority. Five years after its initial signing conference, the treaty has 68 states parties and an additional 27 states have signed.
 
Another area of focus is the positive obligations to assist victims, remediate environmental contamination, and provide international cooperation and assistance. The Action Plan identifies initial steps states parties should take to establish an implementation framework. They should assess the harm caused by nuclear weapons use and testing and their capacity to address it, develop a national plan with a budget and time frame, establish a government “focal point” to guide these efforts, and adopt relevant laws and policies. In addition, they should follow principles of accessibility, inclusivity, non-discrimination, and transparency at all stages of carrying out these obligations.
 
Environment and Armed Conflict

New standards were set during the past year with regard to the environment and armed conflict. On December 7, the United Nations General Assembly adopted by consensus the International Law Commission’s Principles on the Protection of the Environment in Relation to Armed Conflicts. The non-binding principles cover situations before, during, and after times of armed conflict.
 
The principles call for designating protected zones, explicitly applying existing international humanitarian law to the environment, and laying out rules to protect the environment during times of occupation. They also underscore the importance of cooperation in developing post-conflict remedial measures.
 
The Conflict and Environment Observatory, which advocated heavily for the principles, said that, “The UN General Assembly’s adoption of the principles and their commentaries represents the transition point between [the principles’] development and the beginning of its implementation phase.” Early steps in this stage include raising awareness about the principles and adopting national measures, such as training armed forces on their content.
 
Autonomous Weapons Systems
​

While the new standards and commitments on explosive weapons, nuclear weapons, and the environment in armed conflict require implementation, the dangers raised by autonomous weapons systems are still not constrained by specific legal rules. Innovation will, therefore, be crucial in 2023. International talks at the Convention on Conventional Weapons (CCW) have been ongoing since May 2014, but no action has been taken. At the CCW’s annual meeting in November, states parties yet again failed to make any meaningful progress despite calls from a majority of states parties, plus the International Committee of the Red Cross and civil society organizations, to open negotiations for a new treaty to prohibit and regulate autonomous weapons.
 
Due in large part to the CCW’s reliance on consensus-based decision making, however, states parties could only agree to discuss—for the tenth year—“possible measures” for addressing the myriad threats such weapons systems pose. States parties will need to break out of the CCW if they want to make progress toward a new instrument on autonomous weapons systems.
 
States need to innovate by changing their tactics for achieving a treaty, and there is ample precedent for taking a different approach. Existing disarmament treaties offer models for successfully adopting legal instruments in alternative forums. As discussed in a recent report by Human Rights Watch and Harvard Law School’s International Human Rights Clinic, states could turn to an independent process outside the UN, as was done for the Mine Ban Treaty and Convention on Cluster Munitions. Or they could initiate a UN General Assembly process, as was used for the Treaty on the Prohibition of Nuclear Weapons. Both approaches have several benefits: a common purpose, voting-based decision-making, clear and ambitious deadlines, and a commitment to inclusivity.
 
In 2023, Costa Rica, Luxembourg, and Austria are all planning conferences outside of the CCW on autonomy in weapons systems. States and others that support creating new law to address the moral, legal, accountability, and security concerns about this emerging technology should take advantage of these meetings to build momentum for negotiations.


Bonnie Docherty is a senior researcher in the Arms Division of Human Rights Watch and a lecturer on law at Harvard Law School, where she is Director of the Armed Conflict and Civilian Protection Initiative in the International Human Rights Clinic. 

Inclusion on the Forum on the Arms Trade expert list and the publication of these posts does not indicate agreement with or endorsement of the opinions of others. The opinions expressed are the views of each post's author(s).

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Discussions on autonomous weapons systems in 2023: Like it or not, the issue is already out of the CCW

12/15/2022

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This is the first blog post in a series looking at an array of issues in 2023 related to weapons use, the arms trade and security assistance, often offering recommendations.
Wanda Muñoz Jaime
Wanda Muñoz Jaime
(See full brief in English, Español) Discussions on autonomous weapons systems (AWS) are at a complex juncture: while autonomy in weaponry continues increasing rapidly, the CCW demonstrates its inability to launch negotiations on a legally binding instrument at every single one of its meetings. Heavily militarized countries and some of their allies maintain, once and again, that the CCW is the “only appropriate forum” for addressing this issue. Yet, to anyone who has been following the debates objectively for any length of time, it is quite obvious that it will be impossible for negotiations on a legally binding instrument to be launched there in the foreseeable future.
 
In 2023, we may or may not see the launch of negotiations in another forum, depending, among other factors, on the political will of those countries that have been traditionally committed to disarmament. But what is certain is that discussions are already out of the CCW. More stakeholders are getting involved and raising their voices to reject autonomous weapons, and this trend will only intensify next year. Here are some reasons why:
 
  • Every time the CCW addresses the issue of AWS it demonstrates that it is not fit for purpose.
  • Stakeholders of other international forums are already raising awareness on the concerns raised by AWS.
  • The threats of autonomy in weapons systems are increasingly clear.
  • Stakeholders will keep calling out the lack of coherence demonstrated by States that aim to lead international discussions on the ethics of artificial intelligence while stalling progress towards negotiations on legally binding instruments on autonomous weapons at the CCW.
 
It is also essential to ask whether the CCW is worth our tax-payer money given the lack of results.
 
Read  more in this 6-page brief (English, E
spañol)
 
 
Wanda Muñoz Jaime represents SEHLAC in México and is a member of the Campaign to Stop Killer Robots and the Feminist AI Research Network. She is an expert at the Global Partnership of Artificial Intelligence, nominated by Mexico.

​
Inclusion on the Forum on the Arms Trade expert list and the publication of these posts does not indicate agreement with or endorsement of the opinions of others. The opinions expressed are the views of each post's author(s).
 
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Humanitarian Disarmament in 2022: Negotiations, Implementation, and a Fresh Start

2/8/2022

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This is the fifth and final blog post in a series looking at an array of issues in 2022 related to weapons use, the arms trade and security assistance, often offering recommendations.

This post was originally published by Disarmament Dialogue.
Picture
Bonnie Docherty

While the year 2021 ended on an intense and draining note, with the Sixth Review Conference of the Convention on Conventional Weapons (CCW), 2022 has begun slowly for humanitarian disarmament. The COVID-19 pandemic, which continues to affect progress in the field, has postponed planned negotiations and milestone meetings.

Nevertheless, barring further pandemic-related interference, the new year promises to advance several key humanitarian disarmament issues. It should produce a new political declaration on the use of explosive weapons in populated areas, see states parties convene for their first meeting under the Treaty on the Prohibition of Nuclear Weapons (TPNW), and mark a turning point in efforts to address the threats posed by autonomous weapons systems. 

Explosive Weapons in Populated Areas

A new international instrument is on the horizon for dealing with the use in populated areas of explosive weapons, such as mortars, artillery shells, rockets, and air-dropped bombs. This method of war causes extensive civilian harm both at the time of attack and long after. That harm is exacerbated when the explosive weapons have wide area effects because they are inaccurate, have a large blast or fragmentation radius, or deliver multiple munitions at once. 

Ireland initiated a process in 2019 to develop a political declaration to protect civilians from the use of explosive weapons in populated areas. Draft versions of the declaration recognized the harm this practice inflicts and included commitments for restricting the use of explosive weapons with wide area effects, providing victim assistance, and collecting data. 

While the latest draft should be strengthened, the negotiations for the final version have been at the mercy of COVID-19. The consultations to conclude the document, originally scheduled for late March 2020, were the first major disarmament meeting to fall victim to the global pandemic. After at last being able to reschedule the consultations for February 2022, Ireland was compelled to postpone them once again when the Omicron variant meant that the relevant state and civil society representatives would be unable to attend an in-person meeting in Geneva. 
Although a new date has not yet been set, Ireland reportedly aims to hold the negotiations in the first half of 2022. If it succeeds, humanitarian disarmament will have another instrument in its toolbox—a political commitment that addresses one of the most significant humanitarian concerns of contemporary armed conflict.  

Nuclear Weapons

In addition to celebrating the “Banniversary” of the Treaty on the Prohibition of Nuclear Weapons, the first anniversary of its entry into force, on January 22, states and civil society have been busy preparing for the treaty’s First Meeting of States Parties (1MSP). The meeting was previously moved from January to March 2022, and Austria, president of the meeting, recently announced it will need to be rescheduled again, most likely until mid-year. 

Whenever it takes place, the 1MSP will be a crucial moment in the life of the TPNW. It provides states parties the opportunity to set priorities for the years ahead and to begin the process of turning the treaty’s obligations into actions. 

Discussions around the TPNW’s “positive obligations” for victim assistance, environmental remediation, and international cooperation and assistance will be particularly important for advancing the humanitarian disarmament agenda. These obligations ensure that the treaty provides a comprehensive response to the consequences of nuclear weapons, i.e., addressing the harm from past use and testing as well as preventing future harm. The 1MSP’s declaration and action plan should commit states parties to establishing an implementation framework, approving an intersessional workplan, developing reporting guidelines, and including affected communities at all stages. 

A working paper from Kazakhstan and Kiribati, which Austria appointed co-facilitators of the 1MSP’s work on the positive obligations, recommended addressing these and other measures in the 1MSP’s outcome documents. Many states parties and civil society organizations expressed their support in written submissions, and consultations are ongoing.      

Other important areas that the 1MSP will deal with include universalization and deadlines and verification procedures for dismantling nuclear arsenals. 

Killer Robots

For killer robots, the significance of 2022 is the opportunity it presents for supporters of a new treaty to change direction. 

Weapons systems that select and engage targets based on sensor processing rather than human inputs raise a host of moral, legal, accountability, and security concerns. As a result, the majority of states at the CCW’s Sixth Review Conference called for negotiations to create a new legally binding instrument on the topic. Most called for a combination of prohibitions on weapons that lack meaningful human control, prohibitions on autonomous weapons systems that target people, and restrictions on all other autonomous weapons systems to ensure that they are never used without meaningful human control.  

The failure of the conference to adopt a negotiation mandate underscored the shortcomings of that forum and the inability of this consensus body to make real progress on a matter of grave and urgent humanitarian concern. After eight years, CCW discussions on lethal autonomous weapons systems have more than run their course.

It is time, therefore, for states that support a legally binding instrument on these emerging weapons to pursue negotiations in an alternative forum. They can look for models to the origins of other humanitarian disarmament treaties, notably the independent processes that led to the Mine Ban Treaty and the Convention on Cluster Munitions, and the UN General Assembly process that led to the TPNW.

Many states said that they could not consider alternative forums until after the Review Conference, but that moment has passed and the CCW has failed to produce results. This year presents a clean slate. It is time for all supporters of a treaty to shift their sights and for champion states to step up and take the lead on a new process.  

* * * * *

While the pandemic is likely to play a role in the timing of progress this year, humanitarian disarmament—not a global disease—should determine 2022’s developments. 
​

Participants in the negotiations of the explosive weapons political declaration should ensure the final draft maximizes civilian protection. States, international organizations, civil society groups, and survivors should work together to produce strong 1MSP outcome documents that help the treaty live up to its humanitarian potential in practice. Finally, proponents of a new legally binding instrument on autonomous weapons systems should start fresh and focus on what process can best lead them to the strongest humanitarian outcome.   


Bonnie Docherty is a lecturer on law at Harvard Law School, where she is Associate Director of Armed Conflict and Civilian Protection in the International Human Rights Clinic, and senior researcher in the Arms Division of Human Rights Watch. 


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Using Non-State Initiatives to Address Non-State Actors: Lessons from the Humanitarian Disarmament Approach

5/21/2018

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This is one of six essays in the May 2018 report "Addressing Non-State Actors: Multiple Approaches" (see full report). Each essay is the independent work of its author. ​​
Abramson
Jeff Abramson
Over the past two decades, an approach now termed “humanitarian disarmament” has had increasing success in creating multilateral instruments that ban some of the world’s worst weapons, most notably landmines, cluster munitions, and nuclear weapons. At first glance, treaty-making would appear to have little relevance to non-state actors, who functionally have rejected the authority of their state. Yet, the humanitarian disarmament approach, when perceived more broadly and examined more closely, has had and continues to offer lessons for addressing non-state actors. The key is reframing the discussion as being about human security and using the power of civil society-led initiatives to create change.

This short essay looks more closely at efforts to: (1) convince armed non-state actors to abide by international agreements (namely the Mine Ban Treaty via deeds of commitment); (2) end production of banned weapons (primarily via the Stop Explosive Investments campaign related to cluster munitions); and (3) stop weapon creation by pre-emptive efforts led by scientists, industry and others (as relates to killer robots).

Humanitarian Disarmament

At the core of humanitarian disarmament is defining security at a human level, rather than using more traditional assessments of security based on a state’s domestic strength or power relative to another state. By defining security based on human needs, members of the International Campaign to Ban Landmines in the 1990s were successfully able to argue that victim-activated antipersonnel landmines were inherently indiscriminate, harming civilians long after hostilities ceased, and should no longer be used. The Mine Ban Treaty, which was one result of their efforts, is today one of the world’s most successful international agreements—with use of factory-made antipersonnel mines now limited to only a small handful of states and non-state actors. The Convention on Cluster Munitions was concluded in 2008 and built on the same principles of banning an indiscriminate weapon. Humanitarian disarmament principles also guided the discussion around the unacceptable human consequences of nuclear weapons use and helped the International Campaign to Abolish Nuclear Weapons (ICAN) lead the world to conclude the Treaty on the Prohibition of Nuclear Weapons and garner the Nobel Peace Prize in 2017. Efforts to implement the first of these treaties have already resulted in significant destruction of weapons stockpiles, clearance of contaminated land around the world so it could be put to productive use, assistance to victims, and declines in new casualties.[i] 

While these three treaties are the best-known examples of the humanitarian disarmament approach, additional efforts are ongoing to address current and potential future use of weapons in indiscriminate ways. For example, the International Network on Explosive Weapons (INEW) is working to tackle the use of weapons with wide-area effects in populated areas because they inflict instant and ongoing human suffering. As the name suggests, the Campaign to Stop Killer Robots seeks to prohibit autonomous machines from being developed and used, highlighting the dangers of lethal weapons that act without human control. And the Control Arms campaign, in continuing to promote effective implementation and universalization of the Arms Trade Treaty, focuses on addressing the humanitarian harm caused by the arms trade.


Convincing Non-State Actors to Abide by International Norms: Landmines and Deeds of Commitment

From a traditional security perspective, directly approaching armed non-state actors can be dangerous and is always fraught with the challenge of appearing to take the side or assessing the validity of an actor’s deeds. From a human security perspective, however, there is value in making sure that armed non-state actors behave as responsibly as possible. Educating and attaining commitments from armed non-state groups can in some instances prove possible and useful.

One of the best known efforts was originally organized as the Non-State Actors Working Group of the International Campaign to Ban Landmines, but later became a separate organization named Geneva Call. Geneva Call engages armed non-state actors to adopt unilaterally the “Deed of Commitment” (officially “Deed of Commitment for Adherence to a Total Ban on Anti-Personnel Mines and for Cooperation in Mine Action”), by which armed non-state groups publicly sign and pledge to adhere to the norms embodied in the Mine Ban Treaty. Today, Geneva Call lists 52 armed non-state actors as having signed the deed of commitment relevant to landmines. A total of 63 have signed at least one of what are now three deeds (the others are related to protection of children, and sexual violence and gender discrimination).[ii]

This effort and other similar ones, while controversial, are examples of how the humanitarian disarmament approach to promotion of international agreements can have relevance to and impact the actions of non-state actors (as well as states).

[Please see essays in this publication by Yeshua Moser-Puangsuwan, and Maria Pia Devoto and Camilo Serna Villegas, for additional successful examples of reaching out to and working with non-state armed groups on landmine-related efforts.]

Ending Weapons Production: Stop Explosive Investments and Cluster Munitions

In 2009, the year after the conclusion of the Convention on Cluster Munitions, the first “Worldwide Investments in Cluster Munitions: A shared responsibility” report was published and the Stop Explosive Investment campaign launched. The report raises awareness about financial institutions that invest in cluster munition production, identifying both a “Hall of Fame” to recognize financial institutions that stop doing so, and “Hall of Shame” for those who do not. The campaign also identifies and encourages states to adopt legislation banning such investment. The latest report, published in May 2017, continued to identify new institutions for its Hall of Fame; additional countries and institutions have since stopped investment or stated that they would.[iii]

Ultimately, this has successfully pressured some cluster munition producers to discontinue making the weapons. A key example is found in the actions of U.S. companies Textron and Orbital ATK that are not barred by U.S. law from producing cluster munitions, but have reiterated they would not do so even after U.S. policy changes last year walked away from government commitments to destroy certain stockpiles.[iv] In March 2018, Orbital ATK sponsored an issue brief, which read in part “there is broadly supported consensus among the world’s nations that CM [cluster munition] does not belong in modern military arsenals.” It explicitly cited the disinvestment campaign as creating risk for companies and as contributing to the wisdom of moving away from cluster munition production.[v]

Using financial pressure to change behavior is, of course, not unique to humanitarian disarmament campaigns. But approaching human security challenges with these tools in mind brings recent developments on gun control efforts in the United States into new focus. In the wake of the outcry and advocacy after the February 2018 student shooting that killed 17 people at Marjory Stoneman Douglas High School in Parkland, Florida, many major financial institutions, stores, and other non-state entities took measures that stopped the sale of assault-style weapons, barred gun-purchasing transactions, cut ties to the National Rifle Association, or took other actions that broadly supported gun control.[vi] This apparently spontaneous effort indicates the power of treating a weapons-related issue from a human security perspective and building financial and other pressure to convince non-state actors (broadly defined) to act differently. 

Killer Robots: Actions by the Scientific Community To Pre-empt Weapons

Within the traditional state-based international arms control system, the Convention on Certain Conventional Weapons (CCW) is the current home for discussion about the creation and use of machines that can autonomously identify and use lethal force against humans. Called lethal autonomous weapons systems (LAWS) within that structure, but more popularly termed “killer robots,” these weapons have been condemned by many who believe that machines should not be making life or death decisions and fear the human security consequences of doing so. While definitional issues of what constitutes “meaningful human control” continue to animate discussion at the CCW, 26 states have now agreed with the Campaign to Stop Killer Robots’ conclusion that these weapons should be prohibited, as of the latest round of CCW meetings in April 2018.[vii]

A key fear associated with the development of killer robots is their likely use by non-state actors, in part because they could be inexpensive and ubiquitous. Many scientists, artificial intelligence (AI) experts, and industry members, who have been key voices promoting the agenda against killer robots, have explicitly raised these concerns. A 2015 open letter against autonomous weapons, which as of early May 2018 had been signed by nearly 4,000 AI/robotics researchers, reads in part:

Unlike nuclear weapons, they require no costly or hard-to-obtain raw materials, so they will become ubiquitous and cheap for all significant military powers to mass-produce. It will only be a matter of time until they appear on the black market and in the hands of terrorists, dictators wishing to better control their populace, warlords wishing to perpetrate ethnic cleansing, etc.

High profile signers of the letter, such as Elon Musk and the recently deceased Stephen Hawking, bring international attention to the topic.[viii] The issue is also raised among the global industrial elite, such as at annual World Economic Forum gatherings in Davos. Recently, national open letters signed by AI experts, in places such as Australia, Belgium, and Canada, have called on their governments to support a ban on killer robots. A fictional video depicting these concerns, “Slaughterbots,” produced by a professor at the University of California now has had more than 2.5 million views on YouTube.[ix] In April 2018, more than 3,000 Google employees signed a letter opposing work on weapons after learning about Google’s involvement in AI technology that could improve drone targeting,[x] and controversy erupted at a South Korean university over possible collaboration with companies to make killer robots.[xi] Ultimately, actions being taken by civil society, including among those who could be responsible for creating killer robots, are building a stigma against the weapons and could serve to pre-empt their use even before states decide exactly what they want to do.

Rethinking

A key lesson to learn from these diverse examples is to rethink the challenge of non-state actors. While state-based activity has its place, so too do efforts by civil society-led initiatives that directly engage or impact upon non-state actors, some armed and some responsible for producing arms. The creative work being done in support of humanitarian disarmament is grounded in concern about human security, which is often a better lens for thinking about security challenges. Many successes have been made to date, and a diverse array of approaches continue—all meriting greater attention and support.  
 
Jeff Abramson manages the Landmine and Cluster Munition Monitor for the ICBL-CMC (International Campaign to Ban Landmines-Cluster Munition Coalition), is a non-resident senior fellow at the Arms Control Association, and coordinates the Forum on the Arms Trade.

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[i] See the latest editions of the Landmine Monitor and Cluster Munition Monitor for details on the use of these weapons, casualties caused by them, assistance to victims, clearance of contaminated land, and other related information, www.the-monitor.org.

[ii] “Deed of Commitment” and “Armed Non-State Actor” webpages found under the “How we work” section of the website, Geneva Call.

[iii] “Worldwide Investments in Cluster Munitions: A shared responsibility.” PAX, May 2017. The Stop Explosive Investment website details more recent developments, including: “Japanese companies divest from cluster bombs” December 2, 2017; and “Italy bans investments in cluster bombs producers,” October 4, 2017. Note, a similar report, “Don’t Bank of the Bomb,” first published in 2013 uses the same approach to identify investments in nuclear weapons production, and now supports the new Treaty on the Prohibition of Nuclear Weapons.

[iv] Textron spokesperson reconfirms that it will not make cluster munitions in John Ismay, “U.S. Will Keep Older Cluster Munitions, a Weapons Banned by 102 Nations,” New York Times, December 1, 2017.

[v] “Modernizing the U.S. Munitions Arsenal,” Government Business Council, underwritten by Orbital ATK, March 2018.

[vi] See for example: Brad Tuttle, “All the Companies Cutting Ties With the NRA After Deadly Florida School Shooting” Time, March 1, 2018; Kate Taylor, “Here are all of the retailers that have stopped selling assault-style rifles and changed firearm policies following gun-control activists' protests,” Business Insider, March 2, 2018; Stacey Samuel, “National Teachers Union Cuts Ties With Wells Fargo Over Bank's Ties To NRA, Guns,” National Public Radio, April 20, 2018.

[vii] Find a list and recap of latest meeting at “Convergence on retaining human control of weapons systems,” Campaign to Stop Killer Robots, April 13, 2018.

[viii] “Autonomous Weapons: An Open Letter From AI & Robotics Researchers,” Future of Life Institute.
​
[ix] An overview of these and other developments in 2017 is found in “National campaigning against killer robots,” Campaign to Stop Killer Robots, December 7, 2017.

[x] Scott Shane and Daisuke Wakabayahsi, “‘The Business of War’: Google Employees Protest Work for the Pentagon,” New York Times, April 4, 2018.

[xi] David Gilbert, “A South Korean university is building killer robots — and AI experts are not happy,” VICE News, April 5, 2018.


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Finding Leadership Outside the White House

12/21/2017

1 Comment

 
This is the eighth blog post in a series looking at an array of issues in 2018 related to weapons use, the arms trade and security assistance, at times offering recommendations.
Jeff Abramson
Jeff Abramson
Less than one year into the Trump administration, it is clear that the United States is unlikely to provide positive leadership in promoting responsible arms trade and weapons use. While the Obama administration certainly did not shy away from arms deals, it did sign the Arms Trade Treaty and withhold some arms transfers due to human rights concerns. What restraint Obama showed, Trump has jettisoned, evidenced in arms sales notifications of precision-guided munitions (PGMs) to Saudi Arabia in May, F-16s to Bahrain in September, and Super Tucanos to Nigeria in August – all deals that Obama had put on hold.

Further under Trump, drone use/air strikes have dramatically increased in number and/or in numbers of civilians harmed. The Defense Department has backed away from a policy that would have barred the use of certain cluster munitions, in particular older ones with an awful record for humanitarian harm. The administration also appears set to make it easier to sell small arms by transferring their control to the Commerce Department, completing the last steps of a controversial export reform initiative.  In December, the United States abstained on the annual UN General Assembly resolution supporting the ATT, saying during First Committee that it was reviewing its policy. These and other indicators suggest that US arms use and trade, as well as any eventual new US conventional arms transfer policy, will simply remove the concept of restraint and further undermine commitment to and promotion of human rights.

This is an admittedly bleak initial picture, but there are many places the world can and should look for leadership outside of a US administration espousing an “America First” world view. Perhaps surprisingly, the first place to look is the US Congress. The close 47-53 Senate vote in June in opposition to the PGM sale to Saudi Arabia is an indicator that the Senate could take a more proactive role, especially if the rumored additional $7 billion in PGM sales come before it. Republican Senator Rand Paul and Democratic Senator Chris Murphy partnered on that work and together or separately merit watching in 2018. So too does Republican Senator Todd Young, especially in relation to the humanitarian situation in Yemen. Democratic Senators Dianne Feinstein and Patrick Leahy reacted quickly to the cluster munition policy reversal, and along with Senate Foreign Relations Committee ranking member Ben Cardin have identified the need for Congressional involvement in any changes that would send small arms to Commerce control. A number of members of the House of Representatives have also taken up US weapons sales and use. A short list includes Democrats Ro Khanna, Mark Pocan and Republican Walter Jones, who co-wrote a New York Times oped critical of US support to Saudi Arabia, as well as Republican Justin Amash, and Democrat Ted Lieu, who has long expressed concerned about potential US complicity in war crimes.

Arming Saudi Arabia, or rather a commitment not to do so is also an appropriate litmus test on international leadership as the Saudi-led coalition continues to use weapons to the detriment of civilians in Yemen. In 2017, the European Parliament again called for an arms embargo on Saudi Arabia -- a call not heeded by suppliers such as France and the United Kingdom, but one other European countries can and do support. Related, Sweden’s pending “democracy criterion” in arms sales is worth watching for an impact nationally and regionally. So too is Japan’s leadership of the Arms Trade Treaty for the 2018 Conference of States Parties, where thus far countries have frustratingly refused to directly address the inconsistency of arming the Saudis.

The recent conclusion of the Treaty on the Prohibition of Nuclear Weapons, and awarding of the Nobel Peace Prize to the international civil society coalition that fought hard for the treaty (ICAN), draws global attention to the truth that leadership need not come from the normal “big players.” Those countries, led by the permanent five members of the Security Council (P5), tend to put traditional state-centered security over the needs of individuals (aka human security). But human security is at the heart of the nuclear ban treaty and a host of other successful treaties and initiatives broadly classified as “humanitarian disarmament.” On key treaties in this realm, Nicaragua is taking on the presidency of the Convention on Cluster Munitions. Afghanistan will have leadership of the Mine Ban Treaty. They have the potential to bring a different type of leadership to arms-related issues in 2018. So too do some of the countries that were at the heart of the nuclear ban treaty, such as Mexico and New Zealand, who were also progressive voices during the Arms Trade Treaty negotiation.

The Nobel Peace Prize also reminds us that civil society campaigns play a critical role. In 2018, the Campaign to Stop Killer Robots will continue calling for all countries to ban the development of fully autonomous weapons (“killer robots”). The countries participating in the Convention on Certain Conventional Weapons (CCW) working group may choose that path, which a growing number (22) are supporting. Leading roboticists and artificial intelligence experts are banding together with that message and writing letters to governments, spurring national parliamentary debates. In another campaign, the International Network on Explosive Weapons is helping to build momentum to address and end the practice of using explosive weapons with wide area effects in populated areas. These weapons are particularly devastating to civilians and civilian infrastructure, causing both immediate harm at the time of use and ongoing suffering from the disruption of economic and social activity.

Members of industry and the financial sector will also have the opportunity to display leadership. Late in 2016, German arms manufacturer Heckler and Koch announced that it would no longer sell weapons to undemocratic and corrupt countries. More recently in Japan, four banks and insurance companies recently announced that they would ban investments in cluster munition producers, joining a growing group that have made similar commitments in other countries.

While the future is always difficult to predict, in 2018 it would be wise to look outside the White House for leadership on proper restraint in the use and sale of weapons – without which, we can unfortunately foresee new suffering by civilians and the undermining of their human rights. 

Jeff Abramson is a non-resident senior fellow at the Arms Control Association.
1 Comment

A pivotal year ahead on killer robots

1/9/2017

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​This is the seventh blog post in a series looking at an array of issues in 2017 related to weapons use, the arms trade and security assistance, at times offering recommendations.
Picture
Erin Hunt
2017 has the potential to be a pivotal year in efforts to ensure that all weapons have meaningful human control. For three years, the Convention on Conventional Weapons (CCW) has been discussing lethal autonomous weapons (future weapons that could select and fire upon a target without human control). In December 2016, the Review Conference of the CCW decided to establish a Group of Governmental Experts (GGE) chaired by Ambassador Amandeep Singh Gill of India which will meet over 10 days in 2017 and then report-back to the CCW’s annual meeting on 22-24 November.
 
A GGE is a more formal level of meetings than the ones held in 2014, 2015 and 2016. States will be expected to bring their own experts and participate actively in discussions, instead of listening to presentations by outside experts and asking questions of those experts. The first meeting of the GGE will be held at the UN in Geneva on either 24-28 April or 21-25 August 2017. The date is dependent on when funds are available for the meeting. The second meeting of the GGE will be on 13-17 November, just before the annual CCW meeting.
 
In 2016, the number of states calling for a pre-emptive ban on fully autonomous weapons more than doubled.  At the time of writing, Algeria, Argentina, Bolivia, Chile, Costa Rica, Cuba, Ecuador, Egypt, Ghana, Guatemala, Holy See, Mexico, Nicaragua, Pakistan, Panama, Peru, State of Palestine, Venezuela and Zimbabwe have called for a ban while a number of other states seem to support new international humanitarian law of some sort to deal with autonomous weapons systems.
 
This GGE is a large step towards a pre-emptive ban on autonomous weapons systems but there are a number of challenges ahead in 2017.  First, the Russian Federation continues to object to more formal talks on autonomous weapon systems on the grounds that it is premature to move forward since there is not a clear understanding of the subject under discussion. That objection forgets that definitions are usually the last part of disarmament treaties to be negotiated. It was only at the very end of the 2016 CCW Review Conference that Russia agreed to not block the GGE.
 
Second, the majority of states, including my own, Canada, do not have national policies on autonomous weapons systems.  However, this challenge is also an opportunity. The Campaign to Stop Killer Robots will be working hard around the world in 2017 to support the development of national policies on autonomous weapons systems.  After three years of informal CCW experts meetings as well as discussions in the Human Rights Council, states have a large amount of information at their disposal to begin to craft national policies. States can also hold consultations on creating a national policy in advance of the GGE meetings.
 
Third, there is the possibility that the GGE may become distracted by the inclusion of a discussion item on best practices and greater transparency in Article 36 weapons reviews. These legal reviews are an obligation of states developing, purchasing or otherwise acquiring new weapons.

Although Article 36 weapons reviews should be a topic of discussion at the international level to strengthen both policy and practice around the world, better weapons reviews will not solve the problems associated with autonomous weapons systems and should not distract the GGE from the core of its work. Weapons reviews cannot answer moral, ethical, and political questions. An Article 36 review cannot tell us if it is acceptable to the public conscience for a machine to kill without meaningful human control. Autonomous weapons systems are often referred to as a revolution in warfare; and as such, moral, ethical and political considerations must not be pushed aside. These questions need to remain on the international agenda in 2017.

This year, we will witness significant work done at the national and international level to increase understanding of the challenges posed by autonomous weapons as well as the number of states calling for a pre-emptive ban. Stay tuned to see if the international community stands ready at year's end to ensure that all weapons have meaningful human control. 

Erin Hunt is Program Coordinator at Mines Action Canada.

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Looking Outside the State-Centered Box: Tools for Change in 2017

12/21/2016

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This is the sixth blog post in a series looking at an array of issues in 2017 related to weapons use, the arms trade and security assistance, at times offering recommendations.
Picture
Jeff Abramson
At a time when it may be easy to anticipate the faltering of international instruments and global approaches, especially as countries in the West -- starting with the United States and United Kingdom -- put national interests above regional and international ones, it is wise to remember that states are not the exclusive drivers of change. Progress-pushing work by civil society using legal, financial, industry-led, investigative and transparency tools has impacted weapons use and the conduct of the arms trade. We should expect those tools again to make a difference in 2017.

Beginning early in the year, a UK court case initiated by civil society will address the legality of arms transfers to Saudi Arabia, with potential ramifications on the European Union and more broadly on all states party to the Arms Trade Treaty. Already, legal concerns have been expressed in the United States by leading independent experts about sales and assistance to Saudi Arabia, and could be renewed should the incoming Trump administration continue a policy of arming Riyadh during the humanitarian crisis in Yemen.

The persistent investigative efforts of many civil society groups, including by Amnesty International and Human Rights Watch, that documented indiscriminate use of weapons by the Saudi-led coalition undoubtedly played a role in the Obama administration’s recent decision to hold off on delivery of precision-guided munitions. That research work also helped push the UK government to reverse its earlier conclusion that the coalition had not used cluster munitions in Yemen; explicitly in reference to weapons that had originally been supplied by London more than a quarter century ago. On Monday this week, the UK Secretary of State for Defence confirmed a pledge by Saudi Arabia not to employ the weapons (BL755s) again.

The stigma on cluster munition use, in particular, has been strengthened by the creative financial focus of the Stop Explosive Investments campaign that publishes original research into the financial institutions (and states) that invest in -- or pledge not to invest in -- companies producing cluster munitions. As such efforts help shrink the financial incentives and marketplace for indiscriminate weapons, it makes more likely decisions such as the one taken recently by Textron to suspend its product line, functionally ending production of cluster munitions in the United States.

Other industry members, including the scientists and researchers that make sophisticated weaponry possible, have taken a proactive position for a ban on so-called “killer robots.” In 2015, thousands of artificial intelligence experts and researchers -- including prominent scientists and industry leaders such as Stephen Hawking, Elon Musk and Steve Wozniak --  issued an open letter calling for autonomous lethal weapons not to be developed. In 2014, the first robotics company -- Clearpath Robotics in Canada -- pledged not to make killer robots,  In 2017, work on this issue will enter a new phase as states parties to the Convention on Conventional Weapons agreed last week to formalize discussion on the topic, a step that may lead to an official protocol that the Campaign to Stop Killer Robots and a growing number of states say should ban the weapons.  

Civil society will also play a critical role in improving transparency in many areas related to the arms trade and security assistance, at times by making sense of public-but-hard-to-gather-or-understand data. For example, SIPRI will continue its highly respected research and publications on global arms trade trends, especially related to major weapons systems. Landmine and Cluster Munition Monitor will track global developments on landmines and cluster munitions, serving as the de facto monitoring regime for two treaties. For the newer Arms Trade Treaty, projects such as the ATT Baseline Assessment Project and the  ATT Monitor have already established a track record of aiding states in understanding their obligations as well as assessing their efforts. In the United States, the Security Assistance Monitor is now pulling together vast amounts of U.S. data into one place for improved transparency on the world’s largest arms and security assistance provider.

In looking ahead, these civil society members and many others should be watched as they employ and develop the tools that shape change in 2017 and beyond.

Jeff Abramson, who coordinates the Forum on the Arms Trade, is a senior fellow at the Arms Control Association and manager of the International Campaign to Ban Landmines-Cluster Munition Coalition’s (ICBL-CMC) Landmine and Cluster Munition Monitor program

4 Comments

Efforts with strong civil society engagement: Arms Trade Treaty, Killer Robots, Explosive Weapons in Populated Areas

3/11/2015

1 Comment

 
Jeff AbramsonJeff Abramson
At least three efforts in which civil society is playing a critical role are set to see progress in the coming months: implementation of the Arms Trade Treaty; banning so-called killer robots; and preventing the use of explosive weapons in populated areas.

With the first Arms Trade Treaty Conference of States Parties to occur in August and many decisions still to be made about the operation of the treaty, states should now move expeditiously to establish robust import and export regimes – where they are lacking – and be explicit about how they are applying treaty criteria to arms transfer decisions. The civil society-led ATT Baseline Assessment Project and Control Arms’ ATT Monitor are already up and running, and should provide a good starting point from which to aid and measure these steps. 

The Campaign to Stop Killer Robots continues to engage all countries on the need to preemptively ban the development, production and use of fully autonomous weapons systems. In January, concerns over such weapons were expressed at the World Economic Forum in Davos. In April, civil society members will be active at a second informal meeting of experts under the Convention on Certain Conventional Weapons (CCW) to discuss emerging "lethal autonomous weapons systems."


Finally, civil society groups and UN agencies continue to raise alarm about the use of explosive weapons with wide area effects in populated areas and their subsequent harm to civilians in Syria, Ukraine and other conflict areas. Organizations working under the International Network on Explosive Weapons have documented statements of concern by at least 40 countries and point to an expert meeting – the third of its kind – to be held in Vienna in September as an opportunity for countries to begin development of an international commitment to stop the practice.

Jeff Abramson is the founder of the Forum on the Arms Trade and Program Manager of Landmine and Cluster Munition Monitor.

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    The "Looking Ahead Blog" features comments concerning short- to medium-term trends related to the arms trade, security assistance, and weapons use. Typically about 500-1000 words, each comment is written by an expert listed on the Forum on the Arms Trade related to topics of each expert's choosing.

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