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system design, testing of hardware and software, and training of personnel on the proper use ofautonomous and semi-autonomous systems. Among other things, the policy requires thatmilitary commanders use autonomous and semi-autonomous weapon systems in a mannerconsistent with their design, testing, certification, operator training, and doctrine. 110U.S. domestic law may also be applicable to the development of autonomous functions incertain weapon systems. 1116.5.10 Non-Lethal (Less-Lethal) Weapons. The law of war does not prohibit orspecifically address non-lethal weapons as a class of weapons. DoD policies regulate non-lethalweapons and require the legal review of their acquisition, as with other types of weapons. Thereis no requirement to use non-lethal weapons before using lethal weapons against militaryobjectives.6.5.10.1 Non-Lethal Weapons – Notes on Terminology. The United States is not aParty to any law of war treaty that regulates “non-lethal weapons” as a class or category ofweapons. Thus, there is no applicable treaty definition of “non-lethal weapons” for the purposeof applying rules related to such weapons. Accordingly, in practice, the contours of thedefinition of “non-lethal weapons” have been developed as a matter of policy for the purpose ofapplying DoD policies with respect to “non-lethal weapons.”6.5.10.2 Description and Examples of Non-Lethal Weapons. Non-lethal weapons,sometimes called “less-lethal weapons,” have been defined as weapons, devices, and munitionsthat are explicitly designed and primarily employed to incapacitate targeted personnel or materielimmediately, while minimizing fatalities, permanent injury to personnel, and undesired damageto property in the target area or environment. 112Non-lethal weapons are less lethal than conventional military weapons, and they usemeans other than gross physical destruction to defeat targets (whether enemy vehicles orpersonnel). Non-lethal weapons are intended to have reversible effects on personnel andmateriel.110 DOD DIRECTIVE 3000.09, Autonomy in Weapons Systems, Enclosure 4 10 (Nov. 21, 2012) (“The Commandersof the Combatant Commands shall: a. Use autonomous and semi-autonomous weapon systems in accordance withthis Directive and in a manner consistent with their design, testing, certification, operator training, doctrine, TTPs,and approval as autonomous or semi-autonomous systems.”).111 See, e.g., PUBLIC LAW 100-180, § 224 (“No agency of the Federal Government may plan for, fund, or otherwisesupport the development of command and control systems for strategic defense in the boost or post-boost phaseagainst ballistic missile threats that would permit such strategic defenses to initiate the directing of damaging orlethal fire except by affirmative human decision at an appropriate level of authority.”). This statute may, however,be an unconstitutional intrusion on the President’s authority, as Commander in Chief, to determine how weapons areto be used in military operations.112 DOD DIRECTIVE 3000.03E, DoD Executive Agent for Non-Lethal Weapons (NLW), and NLW Policy, Glossary(Apr. 25, 2013) (“NLW. Weapons, devices, and munitions that are explicitly designed and primarily employed toincapacitate targeted personnel or materiel immediately, while minimizing fatalities, permanent injury to personnel,and undesired damage to property in the target area or environment. NLW are intended to have reversible effects onpersonnel and materiel.”).331

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