University of Florida Journal of Law & Public Policy


With the advent of neuromorphic computing, artificial intelligence and machine learning can now behave in a human-like manner by analyzing information and responding with subjective reasoning. And when this informed decision-making process is combined with brain-computer interfaces (BCIs), not only could a neuromorphic BCI take direction from the brain, but it could also observe its complexity and use that information to incorporate new knowledge and capabilities into the brain itself as it exploits the plasticity, or adaptability, of the brain. This combination of biological and technological intelligence could lead to the development and delivery of thoughts/outputs that are powerful enough to classify this merger as a weapon capable of delivering an armed attack. The intelligent powers of this weapon would be unrivaled. Because defensive and offensive measures against the weapon would be largely ineffective, States would be justified to act in self-defense under Article 51 in the Charter of the United Nations to prevent the production of this weapon.