Abstract:
An autonomous missile under development by the Pentagon uses software to choose
between targets. An artificially intelligent drone from the British military identifies
firing points on its own. Russia showcases tanks that don’t need soldiers inside for
combat. Such recent events depict that States have resorted to various mechanisms in
order to tackle security threats concerning State borders. Accordingly, the newest
trend of utilizing AI technology for autonomous weapon systems mandated to protect
State borders has raised many humanitarian concerns. The autonomous aspect of
these weapon systems seem to contradict principles underlying international law. Out
of an array of security threats concerning State borders, this study focuses on the
narrowed-down area of illegal border crossing between States and the legality of
developing and deploying AI weapon systems to counter such threats, as opposed to
an armed conflict. The objectives of the study include assessing whether lethal AI
weapon systems (LAWS) contradict the principles of international law in actuality;
examining whether the existing laws are sufficient to combat a potentially harmful
outcome, such as a future possibility of ‘killer robots’; extending the understanding
of whether and how States could be held accountable for such violations of
international law; and proposing suggestions, in terms of international law, to
mitigate the risks of LAWS. The study is primarily based on qualitative data, using
primary sources such as existing legislation, and secondary sources such as research
papers, journals, textbooks and UN reports. Previous works of scholars are examined
along with existing principles of international law, i.e. in treaties, conventions and
customs. It has been observed that there exists a lack of legislation focused on LAWS
and loopholes in the existing laws that enable States to contradict principles of
international law. Thus, it is clear that there is a dire need for a binding instrument
that focuses on the autonomous aspect of LAWS.
