Regulating Artificial Intelligence in Modern Warfare: Challenges for International Humanitarian Law

Abstract

Artificial Intelligence (AI) is transforming the way contemporary warfare is conducted. The advent of autonomous weapon systems, AI enabled drone technology, algorithmic surveillance and targeting platforms is changing the conduct of combat operations but it brings with itself fundamental legal and ethical concerns under International Humanitarian Law (IHL). This article uses comparative case study analysis within the framework of qualitative doctrinal research. The research explores independently verifiable reports that are publicly available through sources related to the Russia Ukraine conflict, and other contemporary AI-assisted warfare cases in Gaza or further examples of emerging AI enabled technologies examined from an IHL perspective. These conclusions are grounded in the legal analysis of primary international legal instruments, namely: Geneva Conventions, Additional Protocol I, custom International Humanitarian Law, as well as relevant United Nations documents and academic literature reviewed by peers. The article refrains from taking individual conflict reports as evidence to consider how cyber and AI enabled military technologies might compromise the fundamental IHL principles of distinction, proportionality, military necessity, humanity and meaningful human control through careful consideration of available information. These future principles will be translated into evaluative standards for examining the legality of AI assisted targeting systems. The paper continues to explore the justice gap that can result when autonomous or AI associated systems affect life and death targeting, with oversight from a human being that is not engaged. It claims that while AI may increase optimization and decision support, this poses major challenges for contemporary international legal institutions regarding transparency, accountability and meaningful judicial control of ever more autonomous military systems. The article finds that to remain compliant with International Humanitarian Law, international regulatory development must continue - bolstered by evidence based assessment, strict weapons review and internationally agreed standards on meaningful human control, transparency and accountability.