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04 September 2026
Issue: 8175 / Categories: Legal News , Military , Technology , Health , National security
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NLJ this week: Battle for the brain

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© Getty images
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war

Writing in NLJ this week, Aidan Lloyd of Hugh James and Harry Lambert of Outer Temple Chambers explore technologies that can incapacitate soldiers invisibly, optimise performance, trigger weapons before conscious thought and even alter memories.

Existing humanitarian law relies on distinctions between person and weapon, intention and execution, and combatant and non-combatant. Neurotechnology erodes them. A biologically helpless soldier’s autonomous equipment might continue firing, stripping them of hors de combat protection, while pre-conscious weapons could separate actus reus from mens rea.

Dual-use medical tools also evade conventional weapons reviews and may blur medics’ protected status. Responsibility could migrate upwards to commanders who deploy systems beyond meaningful human control. Memory modulation poses another dilemma: therapeutic relief may undermine testimony and accountability.

The law must decide which elements of human judgement should remain ‘irreducibly human’, the authors write.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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