Frequently asked questions: Autonomous weapon systems
Autonomous weapons are not necessarily unlawful. Existing IHL applies to the use of autonomous weapons, as it does for any other weapon.
IHL rules prohibit certain types of weapons, such as ones that are inherently indiscriminate. This is particularly relevant for an autonomous weapon that functions in an opaque way (the “black-box” challenge), which may prevent humans from being able to understand, predict or explain the system’s output. This prevents a user from being able to direct it against a specific military objective and effectively results in a lack of control over the weapon’s effects, making it indiscriminate by nature.
Any attack with any weapon also needs to comply with IHL’s rules on the conduct of hostilities: it must only be directed at a specific military objective, it cannot be expected to cause excessive incidental civilian harm, and all feasible precautions must be taken to avoid civilian harm. But with autonomous weapons, these things can be difficult to assess and ensure in advance, since the user does not choose, or even know, the specific person or object that will trigger the AWS to strike, or precisely when and/or where the strike will occur. These details will depend on the machine processes (sensors, software, actuators) of the weapon system, and the sensory input from the operational environment.
So how can the user then ensure that any strike by the weapon system will only be against a legitimate military target, and not a civilian or someone who is wounded or surrendering? How can they assess, in advance, that any incidental harm will not be excessive, even though the situation on the ground might shift between activation and impact? And what if it becomes apparent that the target is not a military objective: IHL says they have to do everything feasible to cancel or suspend the attack, but with an autonomous weapon this may not be possible.
Meeting these legal obligations with an autonomous weapon is likely to be possible only if certain types of autonomous weapons are ruled out altogether, and strict constraints are imposed on the operating environment for others, in order to limit the number of potential outcomes.
This is why the ICRC and many others call for new, legally binding rules that prohibit unpredictable and anti-personnel autonomous weapons, and place clear restrictions on all others.
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