Mindhacks has a post up that links to a paper entitled 'Brave New World: Neurowarfare and the Limits of International Humanitarian Law' (PDF link). The Mindhacks post begins:
A new generation of military technology interfaces directly with the brain to target and trigger weapons before our conscious mind is fully engaged.The post finishes with this statement:
In a new article in the Cornell International Law Journal, lawyer Stephen White asks whether the concept of a 'war crime' becomes irrelevant if the unconscious mind is pulling the trigger.
Causing something dreadful to happen without any intent or knowledge is considered an accident and not a crime. Hence, a successful prosecution demands that the accused is shown to have intended to violate the law in some way.
The first preconscious war may soon be upon us.