Autonomous Weapons Systems and International Humanitarian Law: Need for Expansion or Not

Abstract

This paper was written following the advent of Lethal Autonomous Weapons Systems that are weapons capable of autonomy in detection, selection and attacking targets. The paper sought to first examine the area of overlap between such weapons systems and current laws and principles of international humanitarian law. It found the major issue arising from such systems is the risk of disproportionate attacks and challenges of distinction between lawful targets of lethal force, especially in highly context-specific situations. The paper thereafter sought to investigate how states with potential for developing such weapons systems had approached this issue and it selected the United States and the European Union as the two jurisdictions to base its study on. The former was chosen because of its regulations concerning the development and use of such systems, and the latter because as a regional block, the European Parliament had adopted a resolution imposing a total ban on the said weapons. The findings were that the United States has taken the path of coming up with policy directives on the development, testing and deployment of such systems and has set up multiple bodies tasked with overseeing various elements of the development and use of such systems. The European Union, on the other hand, took a precautionary stance instead of banning the development of such weapons on the basis that full autonomy of such weapons still does not guarantee compliance with principles of International Humanitarian Law. Therefore, conscious of these concerns but apprehensive that despite these fears, such weapons systems will still be developed; this paper took the path of trying to formulate basic principles to guide the development of Lethal Autonomous Weapons. It recommends not only the adoption of the said principles by states but also the formation of a supranational regulatory body to oversee state compliance with them.