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Artificial Intelligence in (re-)shaping Armed Forces: Has International Law failed toregulate Autonomous Weapons Systems in the XXI century?
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With the onset of the XXI century, the exponential growth of Artificial Intelligence applications has become undeniable. More specifically in the legal and military sector, Autonomous Weapons Systems (AWS) are reshaping the future landscape of armed conflict. The research, development and trade of AWS is increasing qualitatively and quantitatively. Moreover, some States developing these technologies are concurrently engaged in active armed conflicts. Given the unique characteristics of AWS, it becomes challenging to
effectively apply existing legal frameworks to their development and use. Thus, with no legal comprehensive regulations for this type of armament, questions arise about their legal and ethical use while adhering to the 3 core International Humanitarian Law principles: proportionality, distinction, and necessity.
This type of automation technology introduces complex issues regarding levels of autonomy, meaningful human control, accountability and legal supervision. This research will thoroughly analyze these concepts and the inconsistencies in their definitions among different State actors, aiming to pinpoint the main blocking points preventing the existence of a legal framework for the use of these technologies, specifically in offensive scenarios during armed conflicts.
Thus, this dissertation aims to examine the development and use of AWS since the beginning of the XXI century until 2023, and identify which objective efforts have been made by International Law to regulate these technologies. Through pattern identification and by drawing relevant conclusions, the study will determine whether International Law has effectively addressed the legal regulation of AWS, and establish a trend regarding which legal efforts have been pursued during this time. In this way, this research can contribute to
advancing the study of the correlation between International Law and military security, as well as the potential consequences if these fields fail to evolve concomitantly.
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Armed Forces Artificial Intelligence International Law Autonomy Autonomous Weapon Systems Meaningful Human Control Legal Framework