Journal of Human Security

Legal Regulation of Military Artificial Intelligence and Autonomous Robots under International Humanitarian Law: Accountability, Compliance, Protection, and Warfare Limits

Safa Abdel-Hai Mohamed Azzam
Associate Professor, Department of Law, Business Administration College, Prince Sattam bin Abdulaziz University, Al-kharj 11942, Saudi Arabia

Abstract

This paper aimed to study the legal modalities under the IHL that govern the use of AI and militarily autonomous robots in armed conflicts. It involved a descriptive-analytical normative legal approach with an analysis of the conceptual nature of military artificial intelligence, a classification scheme for autonomous weapons, an analysis of the legal status of autonomous weapon systems, and an assessment of the aspects of distinction, proportionality, and meaningful human control of autonomous weapon systems. From a legal perspective, the paper also investigated who is legally responsible if an autonomous system causes illegal damage to others, as well as who is accountable for addressing the social implications of business problems arising from the use of autonomous systems. Current autonomy systems, though, are not yet able to make context-dependent legal and ethical decisions that will be needed in a complex operation in combat. Contextual findings will be necessary to distinguish civilians, wounded or surrendered combatants, or civilian objects. They also pointed to a significant "responsibility gap" with algorithmic autonomy, speed, cybersecurity, and the lack of ability of humans to respond quickly enough. The paper highlighted the potential challenges to the existing legal regime of humanitarian law, particularly regarding how states might use AI in ways that contradict its fundamental principles, and emphasized the need for robust regulation of AI developments and uses, especially to enhance the protection of civilians and to support the current framework of humanitarian law. The study recommended that in the event of a WW2, an international treaty be adopted on meaningful human control of all targeting decisions that would be binding on the world.

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