Autonomous Robotics and the Laws of War: Methods and Consequences of Regulating Artificial Intelligence in Warfare

Abstract

This article addresses the question of what impact International Humanitarian Law (IHL), the Laws of Armed Conflict (LOAC), and the international community can or should have on the international development/deployment of autonomous and semi-autonomous weapon systems, and how the international community can achieve a significant impact with emerging national or cooperative international regulations or laws with regards to the developing relationship between robotics and warfare, without hindering technological developments in other areas of human life. The author, using primarily case studies related to weapon autonomy and robotics in warfare, tests the following theory: Technological advancements related to the development and implementation of autonomous and semi-autonomous weapons in warfare have the potential to be directly impacted by IHL and the LOAC, by using a reactive approach guided by historical underlying principles related to other technologies and the moral spirit of existing laws in order to proactively regulate the field. In testing the theory, the author shows the differences in lasting and effective technological impact of reactive versus proactive international actions. The case studies highlight the effectiveness of reactive international action, while framing the underlying issues of the past in the context of modern autonomous weaponry developments. The article highlights the record of weapon systems with autonomous functions and discusses fully autonomous lethal weapon systems’ inherent inability to comply with international human rights laws.