by John Fabian Witt
For at least a millennium, human beings in the western tradition have been objecting on moral grounds to new technologies of warfare. Pope Innocent II condemned the crossbow and the longbow alike in the Second Lateran Council of 1139. Centuries later, some objected that rifled weapons – which were vastly more accurate over far longer distances than their smoothbore predecessors – should be prohibited lest warfare become more like assassination from afar than like chivalrous combat. So-called “dum-dum” bullets – projectiles designed to explode on impact — drew the criticism of humanitarians in the middle of the nineteenth century. By World War I, attention had turned to chemical weapons. In the wake of the Second World War, nuclear weapons and biological warfare were added to the list of hotly controversial new technologies of combat. Closer to our own time, we see protests against anti-personnel landmines, munitions with undetectable fragments, incendiaries, and blinding laser weapons.
Even to set forth the list is to see the pattern: relatively few protests against weapons as such are successful. And when such objections do come to fruition, either in the formulation of legal prohibitions or diminished usage or both, it is almost always for weapons whose strategic usefulness to powerful states is quite low. The ban on chemical weapons after World War I, for example, came only after it became clear that the winds could blow both ways — and only after it was readily apparent that armies equipped with gas masks could withstand chemical attacks no matter how the wind blew. By contrast, objections to strategic game-changers such as the crossbow or rifled muskets have been fleeting and powerless in the sweep of history.
If further evidence of the uphill battle faced by critics of powerful new weapons is needed, the International Court of Justice provided it fifteen years ago when it took up the question of whether nuclear weapons were permissible. Faced with powerful pressure from the strongest states of the world, the ICJ found that it could not condemn nuclear weapons. For under some conditions – where, for example, small states aimed to defend their very existence against powerful enemies – the ICJ could not say that resort to nuclear weapons would never be lawful.
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The newest entrant into this time-honored (if morally dubious) tradition is the unmanned armed aerial vehicle: the drone. I find much to sympathize with in Bradley Jay Strawser’s energetic and analytically lucid essay. Strawser argues that properly understood, the drone is a technology that may, under the right circumstances, be used. It follows, he says, that all evaluations of the drone as a weapon must be situation specific. We need to know how it is being used and to what end. In principle, I agree. But I suspect that this argument will persuade relatively few who are inclined to disagree with him, and it is worth making sense of why exactly it is that this is so.
