The Interpretation and Application of International Humanitarian Law in Relation to Lethal Autonomous Weapon Systems

Much of the multilateral deliberations on lethal autonomous weapon systems (LAWS) over the last decade has been grounded in consideration of how international humanitarian law (IHL) is to be interpreted and applied to the development and use of these systems. The complexity of technologies in the area of LAWS challenges traditional understandings of IHL. Many contributions have grappled with what limits IHL places on the development and use of LAWS and what kinds of practical measures or limits might be or are being used to ensure that LAWS are used in compliance with these rules. Core topics among the views of States, scholars and other experts are the circumstances under which LAWS are permitted to be used in attacks and the measures that are required to be taken to minimize civilian harm due to the use of LAWS in attacks. In addition, the discourse has addressed the measures that must be taken before and after any attack involving the use of LAWS to prevent violations of IHL and ensure accountability in the case of any such violations.

To support these ongoing discussions, UNIDIR implemented a series of activities as part of the project "Towards a Common Understanding of the Application of IHL to Emerging Technologies in the Area of LAWS".  This background paper summarizes publicly available views expressed by States, scholars and other experts participating in multilateral discussions on the applicability and interpretation of IHL with respect to the development and use of LAWS.

The background paper finds that, while all contributions to the discussion stem from the common starting point that IHL applies to the development and use of LAWS, divergences of both form and content persist in publicly available views. Despite the breadth of the discussions, a coherent comparison of views remains difficult to achieve and some IHL rules that govern the development and use of LAWS remain underexamined. Publicized views on measures that States can, do or should take with respect to the development and use of LAWS to avoid or minimize the effects of LAWS on civilian populations, civilians and civilian objects often do not specify whether such measures derive from an IHL principle or rule. The background paper underscores the considerations that arise in ensuring that LAWS are developed and used only in accordance with IHL and the challenges in achieving a level of certainty about the interpretation and application of IHL to these technologies.