IEEE Technology and Society Magazine - March 2017 - 64

States should consider any
"weapon-like" capabilities of
implantable technologies in light of
their obligations under IHL.

the guide to legal review of new weapons published by
the International Committee of the Red Cross:
A weapon or means of warfare cannot be assessed
in isolation from the method of warfare by which it is
to be used. It follows that the legality of a weapon
does not depend solely on its design or intended
purpose, but also on the manner in which it is
expected to be used on the battlefield. In addition, a
weapon used in one manner may ''pass'' the [weapon review] ''test,'' but may fail it when used in another manner.
That is, even where an implant does not itself provide an offensive capability that would bring it within
the scope of reviewable weapons or means of warfare,
it may require review alongside a weapon with which it

is expected to be used where it affects the manner in
which that weapon would be operated in combat.
States should therefore consider any "weapon-like"
capabilities of implantable technologies in light of their
obligations under IHL. Such consideration should begin
with development plans for new devices and should
continue through to production and use.

Author Information
Tim McFarland is a Ph.D. candidate at Melbourne Law
School, The University of Melbourne, Australia. His research addresses emerging technologies and the law of
armed conflict. Email: ttmc@student.unimelb.edu.au.

References

[1] W.H. Boothby, Weapons and the Law of Armed Conflict. Oxford
Univ. Press, 2009.
[2] S. Casey-Maslen, Ed., Weapons under International Human
Rights Law. Cambridge Univ. Press, 2014.
[3] J. Galliott and M. Lotz, Eds., Super Soldiers: The Ethical, Legal
and Social Implications. Routledge, 2015.
[4] International Committee of the Red Cross, "A Guide to the Legal
Review of New Weapons, Means and Methods of Warfare: Measures
to Implement Article 36 of Additional Protocol I of 1977," Int. Rev.
of the Red Cross, vol. 88, p. 931, 2006.
[5] J. McClelland, "The Review of Weapons in Accordance with
Article 36 of Additional Protocol I," Int. Rev. of the Red Cross, vol.
85, p. 397, 2003.
[6] H. Nasu and R. McLaughlin, Eds., New Technologies and the
Law of Armed Conflict. Asser, 2014.

News and Notes (continued from page 6)
take action and see these actions
through to real outcomes. As a
result, the global IEEE organization
has noted the important role that our
SSIT has in critical socio-ethical discussions in areas like drone warfare,
robotics, artificial intelligence, and
responsible engineering practices.
Above all, Greg has been visible
and present. Whether it was at the
5-year review of T&S Magazine's
PRAC, or TAB meetings, or endless

64

and for the Proceedings of the
IEEE.
Thank you Greg- we wish you all
the best in your future endeavours,
and hope you will remain integral
to the revamped vision of IEEE SSIT
that you drove to create while you
were president. You are an exceptional leader.
-Katina Michael

committee meetings for other IEEE
Societies, or throughout Asia as a
keynote, Greg did incalculable outreach and networking on behalf of
SSIT. More recently he saw the great
need for SSIT to connect with other
disciplinary pockets of technology
and society groups like S4 Society
for Social Studies of Science. He
has also written wonderful, wellresearched papers on Norbert Wiener for our conference, magazine,
IEEE Technology and Society Magazine

∕

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