Control of compliance with norms of international humanitarian law when using weapons controlled by artificial intelligence

Abstract

Efforts by states to regulate the development of technology become a unique problem when it comes to artificial intelligence (AI). It is impossible to predict all possible consequences of its use in the military sphere, making a choice in favor of its advantages. The world has realized the fact that the use of weapons controlled by AI requires not only legal regulation, but also control of compliance with international legal norms, revision of methods of warfare in accordance with the new reality. The definition of what constitutes an "weapon with artificial intelligence”, "artificial intelligence” itself, and their legal status - remain open to interpretation in technical, military and legal circles. The article analyzes separate issues of regulating the development, distribution and use of weapons with artificial intelligence (hereinafter - AI). It is emphasized that although AI systems are a fundamentally new way of waging war, controlling their use and imposing restrictions does not constitute a completely new task for international humanitarian law (hereinafter - IHL). It is still based on the established principles that were used to regulate existing types of weapons and should be extended to the use of anti-aircraft weapons: the principle of distinguishing targets, the principle of proportionality, the principle of using precautionary measures during an attack. At the same time, AI has a number of characteristics that make it difficult to control. As a general-purpose technology, AI has many non­military and defense applications. Unlike military technology, it is developed primarily in the civilian sector. And although the widespread use of AI calls into question a complete ban on its military use, the international community should work together to regulate or ban certain types of military AI use. The optimal solution to the problem could be the adoption of a corresponding international codified act, which would define the concept, regulate the creation and application of autonomous systems of the ZHI, as well as contain mechanisms of control and responsibility for violations of these norms.