You don't need superintelligence to get this problem, but you do need human level intelligence across all domains. I don't know how far we are from this, and neither does anyone else.
Again, my concern is about things that humans will order robots to do, for fear other humans will do unto them first, and does not depend on a loss of control. I think loss of control is not too unlikely in the process of such an arms race, but it hardly matters.
And AIs have no will. That’s been my best response on the philosophical end. Without will, they’re bound by humans.