Operation of fully autonomous weapons and the application of principles of IHL

Abstract

Artificial Intelligence is indeed a technological breakthrough that is rapidly evolving as we speak. Based on this innovative technology, some of the developed states are in a constant struggle to automate their weapon systems to achieve their military objectives. Resultantly, it has given rise to the concept of Autonomous Weapons Systems, which can independently select their target and activate without further human intervention. It is predicted that most of the armed conflicts in future would be fought through these automated systems. However, it is widely opined that their application on the battleground may not comply with the principles of International Humanitarian Law i.e. distinction, proportionality and precaution. These weapons are neither developed towards achieving their full autonomy nor have officially become part of any military arsenal, however, there is sufficient evidence regarding their ongoing development and prospects of future deployment. The issue with these self-operating weapons is that they execute lethal force at their own volition while relying on their sensory software rather than being regulated by human reasoning and careful judgment. It is also believed that due to technological constraints, these autonomous weapons may violate the principles of law of armed conflict if they are exposed to complex and variable situations at the battlefield, especially when human control is taken out of the loop. Since these systems are prone to programming and sensory errors, therefore, there is a great risk to humanity if these weapons are unleashed in an open environment while being distant from their human operators. These drawbacks overshadow their anticipated advantages of speed, precision and minimal involvement of humans at battleground. If at all these weapons are allowed to be developed and engaged in future conflicts, they must go through review process that would assess their compatibility with the principles of IHL. In case they don’t live up to the mark, they may either be banned at the earliest developmental phase or they ought to be made subject to human control for their timely deactivation. Currently, the States are obligated under Additional Protocol I to the Geneva Convention and Customary international law to test their weapon systems and abstain from deploying independent and unchecked weaponry. In order to make autonomous weapons compliant of IHL, a well formulated legal framework is required to monitor and regulate the development and usage of these weapons; otherwise they should be through pre-emptive treaty.