Le implicazioni etico-giuridiche delle nuove tecnologie robotiche ed informatiche in campo militare tra lex lata e lex ferenda

This contribution briefly overviews attempts by the international community to address the ethical and legal implications of new military technologies, with a focus on three technologies that have been radically redrawing the contours of warfare: armed drones, cyber weapons, and autonomous weapons systems. Notably, it will try to provide some insights into whether the issues raised by new military technologies can be properly governed by existing law (lex lata) or these technologies are so disruptive to require the adoption of new principles and rules (lex ferenda). In this respect, it will be argued that, while adherence to the lex lata undoubtedly provides a sound starting point, changes in the law may sometimes be needed to cope with problems that are simply newcomers in the international scene. It will conclusively observe that the elaboration of creative and apt solutions to these problems, by building on the legal heritage of the past, is one of the most important challenges ahead for the international community.