AI-Powered Warfare: The New Battlefield for International Legal and Geopolitical Conflicts : Author: Navya Chauhan
A couple decades ago, the human race would not have dared to imagine a world where machines, and not humans, make life or death decisions. But this has become a ground reality in the contemporary world where the era of autonomous weapons has just begun to set in. Once confined to the realm of science fiction, they have already become a tangible reality and have been haunting the scope and application of international law, humanitarian law (IHL) and the laws of war on autonomous weapons.
ARTICLE
INTRODUCTION
A couple decades ago, the human race would not have dared to imagine a world where machines, and not humans, make life or death decisions. But this has become a ground reality in the contemporary world where the era of autonomous weapons has just begun to set in. Once confined to the realm of science fiction, they have already become a tangible reality and have been haunting the scope and application of international law, humanitarian law (IHL) and the laws of war on autonomous weapons.
The International Committee of Red Cross (ICRC) defines autonomous weapons as weapons that select and apply force to targets, without human intervention. Once activated, these systems work through sensors and algorithms to identify and attack targets. Consequently, with no human interference, the activator has no control over the chosen target, area or place where the attack might occur.
STRATEGIC IMPLICATIONS
The central issue to the deployment of autonomous weapons is accountability, determining who is responsible for actions of these AI-based weaponry. Should it be the manufacturer of the weapon, or the developer of the AI, or the nation which sanctions their deployment. The decisive edge to the global superpowers further complicates this issue since they are the technologically advanced nations and thereby, have a comparative advantage over other developing or underdeveloped nations. Consequently, concepts such as deterrence, defence and offence will inevitably develop in order to redefine military action and national security.
The proliferation of autonomous weapons has also led to a new era of asymmetric warfare, which is characterised by imbalance between the two nations in war, specifically in terms of weapons, technology, equipment, information and armies, resultantly creating a situation where both powers attempt to exploit each other’s weaknesses. The widespread use, availability and accessibility of autonomous weapons may enable a wide range of nations to wield significant military power.
THE INTERSECTION OF AI AND INTERNATIONAL LAW
The rapid development of autonomous weapons has given rise to increasing unrest in the field of international law since the existing legal frameworks, namely, IHL, was designed to combat issues pertaining to wars dominated by humans, and not machines. The IHL imposes strict limitations on the conduct governing warfare, with its key principles including the following:
1. Distinction- Article 48 of the 1977 Additional Protocol I to the Geneva Conventions requires treating combatants and civilians distinctly following this principle.
2. Proportionality- Sanctioned by Article 51(5)(b) of Additional Protocol I to the Geneva Conventions, it prohibits amount of military advantage to be excessive to the amount of potential damage or harm to civilian person or property.
3. Humanity- This principle prohibits unnecessary suffering, injury or harm.
Additionally, the principle of military necessity limits the use of force to necessary and legitimate objectives, the principle of honour requires conflicting parties to conduct operations keeping in consideration dignity, respect and fairness, and the principle of precaution mandates that the nations heed to the safety of the population, civilians and civilian objects.
The use of autonomous weapons systems risks the violation of principles, considering their inability to make ethical and legal judgments required by the IHL. The integration of AI into a nation’s weapons system could increase civilian casualties since the algorithms might struggle to distinguish between combatants and civilians in complex environments. Therefore, increasing reliance on AI can lead to dehumanisation of warfare, consequently increasing the likelihood of unnecessary suffering and genocides.
One of the foundations of the IHL is the Convention on Certain Conventional Weapons, Article 8 of which allows for the adoption of new protocols providing a provision to regulate autonomous weapons system in the future. Furthermore, the Group of Governmental Experts released 11 principles to guide member nations in the development, deployment and use of these systems, however, several countries believe that only a legally binding convention would be instrumental in the application of IHL norms to autonomous weapons. The Belen Communique, the CARICOM declaration and the UN Secretary General’s New Agenda for Peace, together emphasise the urgent need to discuss such an instrument.
CONTEMPORARY USAGE
The use of AI and autonomous weapons on the battleground is not just a theory on paper, rather, it is actively being used in the current geopolitical scenario wherein the conflict in Ukraine has emerged as an example of the integration of AI-based weaponry in warfare. While evidence of fully autonomous weapons is not available, the widespread use of drones imbued with AI systems for target identification and tracking has remarkably increased. These drones, widely knows as ‘kamikaze drones’ can independently search for targets and attack them.
Furthermore, AI-powered surveillance and targeting systems like ‘Lavendar’ and ‘Gospel’ are designed for automatic identification of targets and tracking, raising concerns about potential human rights violations. Currently, countries like Israel, Russia, China and the US are also actively investing their resources in these technologies. Moreover, the rapid development of these systems poses the threat of violations of IHL and breaches of security.
CONCLUSION
The onset of a new era in warfare gives rise to a whole new level of threats and challenges where the spheres of AI, Law and Geopolitics converge. To wade through the complexities that have been brought to attention above, it is pertinent that the countries strive globally in order to ensure international cooperation, regulation and diplomatic discussions to preserve the very fabric of humanitarian law. The commitment should be towards the use of AI to advance, and not undermine the security and dignity of nations worldwide.
References:
· “What you need to know about autonomous weapons”, International Committee of the Red Cross, 26th April 2022
· “Heed the Call: A Moral and Legal Imperative to Ban Killer Robots”, Bonnie Docherty, 21st August, 2018
· “The Compatibility of Autonomous Weapons with the Principles of International Humanitarian Law”, Elliot Winter, Journal of Conflict and Security Law, Volume 27, Issue 1, 21st January, 2022
· “India’s Normative Stance on Lethal Autonomous Weapons Systems”, Tejas Bharadwaj & Charukeshi Bhatt, 26th February, 2024