Regulating Autonomous Weapons Systems within International Humanitarian Law.

Authors: Peter Katana | Law Constitutional and Human Rights Law Research 10 pages 3,373 words

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The integration of autonomous weapons systems (AWS) within International Humanitarian Law (IHL) presents challenges to fundamental principles such as distinction, proportionality, precaution, and accountability. While autonomous weapons offer benefits in speed and efficiency, they also pose significant risks to humanitarian considerations.A comprehensive approach that integrates technological and legal solutions is essential to regulate the development and deployment of AWS. Engineering solutions such as restrictive programming, improved sensors, and augmented human judgment capabilities can help address challenges related to distinction, proportionality, and precaution. Strengthened legal governance mechanisms such as mandatory IHL reviews, operational vetting, mixed autonomous/human-operated units, graduated introduction, and institutional experience can ensure responsible AWS development consistent with IHL principles. Additionally, policymakers and international organizations must promote effective governance mechanisms that promote transparency and accountability while ensuring AWS development and use are compliant with IHL principles to avoid unintended consequences and potential arms races.

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