Emerging Technologies and the Legal Vacuum

The rapid development of autonomous weapons systems (AWS) poses significant challenges to international humanitarian law (IHL). While states have begun to draft ethical frameworks and voluntary codes of conduct, there is currently no binding international treaty specifically regulating AWS. The absence of explicit legal instruments raises serious questions about accountability, targeting, and proportionality in armed conflict.

State Responsibility and Individual Accountability

Legal scholars and military advisors are grappling with the challenge of attributing responsibility when autonomous systems make targeting decisions. Should liability rest with the programmer, the commander, or the manufacturer? These questions are particularly relevant in scenarios where AWS may cause unintended civilian harm.
For a deeper analysis, see the ICRC’s position on AWS.

The Way Forward: Regulatory Options

Several proposals have emerged within the UN and among civil society organizations. Some advocate for a complete ban on fully autonomous weapons, while others promote strict regulation within existing IHL frameworks. National militaries are urged to adopt precautionary principles when integrating AWS into operational environments.

The views expressed are those of the authors solely. The ISMLLW LEGAD’s CORNER shares opinions and analysis of its professionals, law of war and military law experts and scholars. The ISMLLW does not endorse or advocate material that is published.