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{{quotation|Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.|Laws and Customs of War on Land (Hague IV), 18 October 1907<ref>[http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm Laws of War: Laws and Customs of War on Land (Hague IV)] 18 October 1907, contained in the [[Avalon Project]] archive at [[Yale Law School]]</ref>}} |
{{quotation|Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.|Laws and Customs of War on Land (Hague IV), 18 October 1907<ref>[http://www.yale.edu/lawweb/avalon/lawofwar/hague04.htm Laws of War: Laws and Customs of War on Land (Hague IV)] 18 October 1907, contained in the [[Avalon Project]] archive at [[Yale Law School]]</ref>}} |
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<ref name=http://users.polisci.wisc.edu/kinsella/martens%20clause.pdf>{{cite journal|last1=Meron|first1=Theodor|title=The Martens Clause, Principles of Humanity, and Dictates of Public Conscience|journal=American Journal of International Law|date=200|volume=94|issue=1|pages=78-89|url=http://users.polisci.wisc.edu/kinsella/martens%20clause.pdf|accessdate=20 June 2014}}</ref><ref name="The Washington Post2">{{cite news|last1=Carpenter|first1=Charli|title=Who’s afraid of killer robots? (and why)|url=http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/05/30/whos-afraid-of-killer-robots-and-why/|accessdate=20 June 2014|newspaper=[[The Washington Post]]|date=30 May 2014|archiveurl=http://www.webcitation.org/6QSn0WCA0|archivedate=20 June 2014|deadurl=no}}</ref> |
The Martens Clause did not appear in the [[Geneva Conventions|Geneva Conventions of 1949]] but appears [[Protocol II]] added in 1977. The clause is shortened and two key concepts were removed (i.e., the notions of "laws of war" and "law of nations") leaving:<ref name=http://users.polisci.wisc.edu/kinsella/martens%20clause.pdf>{{cite journal|last1=Meron|first1=Theodor|title=The Martens Clause, Principles of Humanity, and Dictates of Public Conscience|journal=American Journal of International Law|date=200|volume=94|issue=1|pages=78-89|url=http://users.polisci.wisc.edu/kinsella/martens%20clause.pdf|accessdate=20 June 2014}}</ref> |
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{{quotation|Recalling that, in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of the public conscience}} |
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<ref name="The Washington Post2">{{cite news|last1=Carpenter|first1=Charli|title=Who’s afraid of killer robots? (and why)|url=http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/05/30/whos-afraid-of-killer-robots-and-why/|accessdate=20 June 2014|newspaper=[[The Washington Post]]|date=30 May 2014|archiveurl=http://www.webcitation.org/6QSn0WCA0|archivedate=20 June 2014|deadurl=no}}</ref> |
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==References== |
==References== |
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Revision as of 18:27, 20 June 2014
Killer robots nyt[1]bbc[2]verge[3]nbcnews[4]huffington[5]TechRepublic[6]Wired[7]WP[8]Daily Mail[9]Smithsonian[10]Federalist[11]Al Jazeera[12]Phys.org[13]foreign policy [14]The Moscow Times[15]NewScientist[16]
Martens Clause
The Martens Clause was named after the Russian delegate Fyodor Fyodorovich Martens who attended the Hague conferences of 1899 and whose ideas the Martens Clause was based on. The 1899 clause states:
Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity and the requirements of the public conscience.
The clause was slightly revised at the 1907 Hague conferences:
Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.
— Laws and Customs of War on Land (Hague IV), 18 October 1907[19]
The Martens Clause did not appear in the Geneva Conventions of 1949 but appears Protocol II added in 1977. The clause is shortened and two key concepts were removed (i.e., the notions of "laws of war" and "law of nations") leaving:[20]
Recalling that, in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of the public conscience
References
- ^ Markoff, John; Miller, Claier Cain (16 June 2014). "As Robotics Advances, Worries of Killer Robots Rise". New York Times. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Bowler, Tim (21 May 2014). "Killer robots': Are they really inevitable?". BBC News. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Jeffries, Adrianne (16 May 2014). "Only five countries actually want to ban killer robots". The Verge. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Italic or bold markup not allowed in:|publisher=(help); Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Wagstaff, Keith (14 May 2014). "Future Tech? Autonomous Killer Robots Are Already Here". NBC News. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Møller, Michael (21 May 2014). "Killer Robots -- Who Is in Charge?". The Huffington Post. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Ranger, Steve (December 2013). "Robots of death, robots of love: The reality of android soldiers and why laws for robots are doomed to failure". TechRepublic. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ McDuffee, Allen (18 October 2013). "Killer Robots With Automatic Rifles Could Be on the Battlefield in 5 Years". Wired. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Italic or bold markup not allowed in:|publisher=(help); Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Tharoor, Ishaan (12 May 2014). "Should the world kill killer robots before it's too late?". The Washington Post. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Woollaston, Victoria (15 May 2014). "Is it Judgement Day for the Terminator? UN discusses plans to ban 'killer robots'". Daily Mail. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Rieland, Randy (29 May 2014). "Can Killer Robots Learn to Follow the Rules of War?". Smithsonian. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Italic or bold markup not allowed in:|publisher=(help); Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Harsanyi, David (6 June 2014). "In Defense Of Killer Robots". Thefederalist.com. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Kutsch, Tom (12 May 2014). "Killer robots could start new arms race, human rights groups say". Al Jazeera. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Fowler, Jonathan (13 May 2014). "UN talks take aim at 'killer robots' (Update)". Phys.org. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Williams, Jody (11 June 2014). "Even Killer Robots Have a Gender Gap". Foreign Policy. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Italic or bold markup not allowed in:|publisher=(help); Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Eremenko, Alexey (15 May 2014). "Russia Wants In on a Killer Robot Future". The Moscow Times. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Makin, Simon (21 May 2013). "Why we need to stop military killer robots now". New Scientist. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Italic or bold markup not allowed in:|publisher=(help); Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Laws of War: Laws and Customs of War on Land (Hague II); July 29, 1899. contained in the Avalon Project archive at Yale Law School
- ^ Rupert Ticehurst The Martens Clause and the Laws of Armed Conflict 30 April 1997, International Review of the Red Cross no 317, p.125–134
- ^ Laws of War: Laws and Customs of War on Land (Hague IV) 18 October 1907, contained in the Avalon Project archive at Yale Law School
- ^ Meron, Theodor (200). "The Martens Clause, Principles of Humanity, and Dictates of Public Conscience" (PDF). American Journal of International Law. 94 (1): 78–89. Retrieved 20 June 2014.
- ^ Carpenter, Charli (30 May 2014). "Who's afraid of killer robots? (and why)". The Washington Post. Archived from the original on 20 June 2014. Retrieved 20 June 2014.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help)