The integration of robotics and autonomous systems into armed conflict has introduced unprecedented challenges for military law, ethics, and accountability. Drawing on our principles previously outlined in the Draft International Convention on the Regulation of Robotics and Autonomous Systems in Armed Conflict (April 2025), this white paper argues for a decisive update to the U.S. Uniform Code of Military Justice (UCMJ). This update must reflect the realities of robotic warfare by maximizing legal protections for individual warfighters operating autonomous systems while placing the highest burden of legal and ethical responsibility on commanding officers and authorized decision-makers.

Introduction

Robotic and autonomous systems are now embedded in U.S. military operations. From AI-driven drones to battlefield decision-support algorithms, service members increasingly rely on technologies that blur the traditional lines of agency, command, and accountability. The existing UCMJ, designed for a human-centric model of warfare, lacks the granularity and specificity to fairly adjudicate incidents involving machine autonomy and system failures.

The Need for Legal Evolution

Technological advancement must be matched by legal modernization. As the draft international convention illustrates, states must begin to codify rules governing the deployment and oversight of autonomous weapons systems. For the U.S. military, this means revisiting and refining legal norms across four key dimensions:

Defining the Role and Status of Robotic Warfare Operators

• Recognize and protect the unique responsibilities of personnel who supervise or operate autonomous systems.
• Clarify liability limits when operators act within pre-approved mission parameters.

Creating New Protections for Psychological and Moral Injury

• Include language acknowledging the distinct emotional and ethical toll of remote or semi-autonomous warfare.
• Mandate mental health support systems and legal mechanisms for redress.

Ensuring Fair Attribution of Legal Responsibility

• Codify the principle that senior officers, program commanders, and authorizing officials bear the greatest burden of accountability for machine-driven actions.
• Align legal culpability with systems-level decision-making.

Establishing Oversight Protocols for Autonomy in Combat

• Introduce new UCMJ articles governing the approval, deployment, and audit of autonomous systems.
• Require transparent logs, operational reviews, and post-engagement analyses.

Benefits of Updating the UCMJ

Protecting U.S. Warfighters

• Operators and junior personnel should not be scapegoated for decisions that originate at higher command levels or emerge from complex AI behavior.
• Providing clear legal boundaries enhances morale, recruitment, and ethical compliance.

Establishing Command Accountability

• A Robotics Warfare Command Responsibility Doctrine would formally assign liability to the highest appropriate level of leadership.
• This enhances operational discipline and discourages negligent or hasty deployment of autonomous systems.

Preserving U.S. Strategic Leadership

• A reformed UCMJ demonstrates that the U.S. military is prepared to lead in the responsible use of military AI.
• Aligning with emerging international norms ensures interoperability with allied forces and avoids future legal conflicts.

Recommendations

Commission a UCMJ Task Force on Robotic Warfare

• Led by representatives from the DoD, JAG Corps, AI ethics boards, and veterans groups.

Draft and Introduce New UCMJ Articles

• Specifically addressing the deployment, authorization, and review of autonomous systems.

Institute Mandatory Training and Certification

• Require that commanding officers and relevant personnel complete training on AI accountability and robotic warfare ethics.

Mandate Transparency and Reporting Mechanism

• Create a standardized reporting process for autonomous system malfunctions, near-misses, and civilian impact assessments.

Summary

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The future of warfare is being rapidly reshaped by algorithms, robotics, and autonomous decision-making. As the tools of combat evolve, the foundational principles of accountability, fairness, and justice must remain constant. Modernizing the Uniform Code of Military Justice (UCMJ) to address the realities of robotic warfare is not only a strategic imperative—it is a moral responsibility. The United States has a unique opportunity to lead this transformation, ensuring that our armed forces are protected, our commanders remain accountable, and our core values are upheld in an era of autonomous conflict.

Implementing these essential updates to the UCMJ will require a coordinated, multi-branch effort, beginning with the Department of Defense. Ideally, this process would be supported by the creation of a Department of Technology, serving in an advisory and policy-shaping role. This new department would offer expert, unbiased analysis on the ethical, legal, and operational implications of autonomous systems—helping to craft thoughtful, forward-looking policy recommendations.

These proposals would then move to Congress, where the House and Senate Armed Services Committees could hold hearings, gather testimony from relevant stakeholders and experts, and consider incorporating the reforms into the annual National Defense Authorization Act (NDAA). Once approved by Congress and signed into law by the President, the changes would be formalized through an executive order amending the Manual for Courts-Martial to reflect the updated legal framework.

By embedding technical expertise into every step of the legislative process through a dedicated Department of Technology, the United States can ensure that UCMJ reforms are not only legally robust and ethically sound, but also technologically informed—positioning the nation to lead in the governance of autonomous warfare.