Abstract:
Considering that neither customary international law nor international treaties have specifically addressed the legality of autonomous weapons from the point of view of international humanitarian law, the law on autonomous weapons should be analyzed under the fundamental principles of international humanitarian law. The first purpose of this study is to explain the autonomous weapons and then to analyze the legality of such weapons through the lens of international humanitarian law. The basic question of the paper is whether the deployment of autonomous weapons is legal in light of technological and legal limitations? On the other hand, the paper also seeks to examine the legalization of autonomous weapons. In fact, the findings of our study will show that although autonomous weapons currently violate international humanitarian law, they have the potential to be more consistent with the principles of international humanitarian law in the future.
Machine summary:
Melzer’s argument, a professor of international law at the University of Glasgow, in a report prepared for Human Rights Watch, is based on the principle that war often deals with the status of individuals (:2009, Melzer 41), while “fully autonomous weapons do not possess such human characteristics that they can make decisions to assess the intentions of individuals” (31:2012, HRW).
” Regarding issues such as Regarding the compatibility of autonomous weapons with the principle of distinction, he states that the obligations of international humanitarian law can be ensured by placing sensors capable of identifying targets within unmanned aircraft or autonomous weapons (33: 2013, Schmitt).
Further evidence of the cautious approach based on existing international law is contained in this statement that autonomous weapons, given the potential of emerging technologies to reduce human error and increase the accuracy of attacks, “may be useful for strengthening the implementation of international humanitarian law” (Group of (c)22: 2019, Governmental Experts).
The Principle of Precautions Autonomous weapon systems must be able to comply with the principle of precautions in attack, which in international humanitarian law includes a mixture of the principle of proportionality ((iii)a()(2)57: 1977, Additional Protocol I), reduction of tools and methods ((ii)a()(2)57: 1977, Additional Protocol I), and the duty to provide warnings ((c)(2)57: 1977, Additional Protocol I).
For autonomous weapon systems, the lack of a specific binding legal document regarding their use and development highlights the importance of this article within the current framework of international humanitarian law.
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