Much of the multilateral deliberations on lethal autonomous weapon systems (LAWS) over the last decade have focused on how international humanitarian law (IHL) should be interpreted and applied to the development and use of these systems. The complexity of LAWS technologies challenges traditional understandings of IHL. Many contributions have examined the limits that IHL places on the development and use of LAWS, as well as the practical measures that could ensure their use in compliance with these rules.
Core topics in the views of States, scholars and other experts include the circumstances under which LAWS may be used in attacks and the measures needed to minimize civilian harm. The discourse has also addressed measures that should be taken before and after attacks involving LAWS to prevent violations of IHL and ensure accountability.
To support these ongoing discussions, UNIDIR implemented a series of activities as part of the project “Towards a Common Understanding of the Application of International Humanitarian Law 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 regarding the development and use of LAWS.
The background paper finds that, while all contributions to the discussion share the common starting point that IHL applies to the development and use of LAWS, divergences in both form and content persist. Despite the breadth of discussions, comparing views coherently remains challenging, and some IHL rules governing the development and use of LAWS remain underexamined. Publicly available views on measures that States can, do or should take to avoid or minimize the effects of LAWS on civilians and civilian objects often do not specify whether these measures derive from an IHL principle or rule.
The background paper highlights the considerations involved in ensuring that LAWS are developed and used in accordance with IHL. It also underscores the challenges of achieving greater certainty on the interpretation and application of IHL to these technologies.