Measuring Autonomous Weapon Systems Against International Humanitarian Law Rules

Abstract

Across the globe, the debate on AWS has focused more on the ramifications of AWS on International Humanitarian Law than on other branches of international law. This is so because the general expectation is that AWS will be deployed in the context of armed conflict; thus International Humanitarian Law being the applicable regime. To this end, scholars have grappled with the question whether AWS are capable of complying with important and customary IHL rules of humanity, military necessity, distinction, proportionality and precaution. This is an important question because to many people it may be that the acceptability or otherwise of this technology depends on AWS’ capability to comply with the aforementioned rules – at least in the context of armed conflict. This, however, is not to forget the argument that IHL rules to be discussed below were meant to be applied by human combatants not by autonomous robots.