No More Humans? Cybernetically-Enhanced Soldiers Under the Legal Review of Article 36

Brain-Computer Interfaces in Warfare Spark Legal Debate, Experts Find New technologies challenge existing laws as soldiers and weapons merge
brain computer interfaces

This article discusses the legal implications of brain-computer interfaces (BCIs) on the battlefield, specifically focusing on the potential use of these technologies to enhance soldiers and control weapons remotely.

It explores whether BCIs, as well as the soldiers using them, could be considered weapons, means, or methods of warfare under international law. The article analyzes the potential implications for international humanitarian law (IHL) and international human rights law (IHRL), specifically focusing on the potential for harm to civilians, enemy soldiers, and even friendly forces.

It ultimately concludes that while BCIs could potentially enhance compliance with some IHL principles like distinction and proportionality, their use raises concerns about the potential for torture and inhuman or degrading treatment, as well as the need for a state to protect the rights of its own soldiers.

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