AI-enabled autonomous weapons in accordance with international law

Abstract

This paper examines the use of autonomous weapons systems powered by artificial intelligence from the perspective of international criminal law. These systems are known for their ability to make independent decisions in the conduct of military operations, raising numerous legal and ethical issues at the international level. The research focuses on discussing the compatibility of these weapons with the principles of international humanitarian law, such as the distinction between civilians and combatants and the proportionality of the use of force. It also discusses the role of criminal liability in the event of violations caused by these systems, particularly in the absence of a direct human actor. One of the central themes is determining who bears legal responsibility: is it the state using these weapons, the manufacturer, or the developers who programmed the systems.

International humanitarian law still lacks clear and specific provisions and rules governing the use of autonomous weapons, resulting in a legal gap that hinders strict adherence to the fundamental principles of this law. Autonomous weapons face technical challenges in distinguishing between civilians and combatants due to the limitations of computer perception and the difficulties in programming artificial intelligence algorithms to keep pace with the complexities and changing conditions of the battlefield. This, in turn, makes the practical and effective application of the principle of distinction difficult.