AI, Autonomous Weapons, and the Crisis in International Humanitarian Law

Abstract

This paper elaborates critically on how the Artificial Intelligence (AI) and autonomous weapon systems (AWS) are fundamentally challenging the International Humanitarian Law (IHL). The recent developments of AI in the Military also prompt legal and ethical challenges in IHL. Autonomous weapon systems (AWS) are designed in a way that enables them to select the targets they intend to attack and carry this out without the interference or control of a human being. The study regarding AWS and IHL produce a qualitative critical review of the pertinent literature, the legal frameworks, and policy documents. AI/AWS, by their natures, violate the principles of distinction, proportionality and precaution of IHL because of their inabilities to mirror human intuition, sentiment, and awareness. This leaves a serious accountability gap resulting in weak individual accountability over IHL offenders. The review determines that operational legal frameworks are strained and requires a new legally binding instrument to achieve appropriate human control and respect of human dignity in armed conflict. The paper appeals to strengthened and new forms of international binding instrument to ensure that there is substantial human control of AWS, and also demands global cooperation.